The third session of the Irish Constitutional Convention took place on February 16-17, 2013 and focused on amending the clause on the role of women in the home and encouraging greater participation of women in public life.
Background of the Convention
The Irish Constitutional Convention emerged in a unique political context following the 2011 general election, which was often described as an "electoral earthquake." The economic downturn of 2008 significantly reshaped voter preferences, leading to a coalition government between Fine Gael and Labour.
While not the first process of its kind globally, the Convention was heavily influenced by prior deliberative democratic initiatives, particularly the citizens' assemblies of British Columbia, Ontario, and the Netherlands (Farrell et al., 2020). It also built upon Ireland’s own experience with deliberative democracy, including the 2011 We the Citizens pilot assembly, which demonstrated the potential of direct citizen participation in constitutional reform.
In June 2012, both houses of the Oireachtas passed resolutions establishing the Convention. It was mandated to convene for at least eight Saturdays over a year, with its first working sessions beginning in early 2013. The Convention concluded its work in February 2014 (Farrell et al., 2018).
Despite some criticism (Carolan, 2015), academic assessments of the Convention have generally been positive (Flinders et al., 2016; Suteu, 2015; White, 2017). It was widely regarded as a successful deliberative process (Suiter et al., 2016), and many of its recommendations were implemented or considered in subsequent government initiatives (Farrell, 2018). It also paved the way for future experiments with citizens’ assemblies in Ireland.
Structure of the Convention
Membership selection
The Convention comprised 100 members:
- 66 randomly selected citizens,
- 33 politicians (selected by their parties from both Ireland and Northern Ireland),
- 1 independent Chairperson.
The random selection process was conducted by Behaviours and Attitudes (see more here).
Political parties and groups in Dáil Éireann and Seanad Éireann nominated representatives on the basis of their relative strengths in the Oireachtas. Political parties represented in the Northern Ireland Assembly were invited to nominate one representative each.
Governance
Chairperson
The Chairperson was responsible for running the Convention and engaging necessary support services for its effective administration. As the main moderator, the Chairperson was selected by the Prime Minister and was independent. They had direction and control over the staff of the secretariat and other resources available, subject to the wishes of the Convention. The Chairperson also made recommendations on the management of business as needed.
Secretary and Secretariat
The Secretary and Secretariat were responsible for handling the logistics of the assembly, ensuring the smooth operation of the Convention.
Advisory Panel
At the outset of the process, the Chair and Secretary appointed an advisory panel of experts. This panel advised on the selection of experts who would present information to the Convention members. The advisory panel consisted of political scientists with expertise in deliberative democracy and a legal scholar.
Steering Group
A Steering Group was established to support the Convention in efficiently and effectively discharging its role and functions. The group assisted with planning and operational issues related to the work program. It was composed of the Chairperson, representatives from political parties, public members, and any other representatives deemed necessary by the Convention.
Structure of plenary session
Proceedings
The programme included:
- Expert presentations: Academics, legal experts, and advocacy groups provided insights on gender equality and political participation.
- Panel discussions: Interest groups and academics engaged in interactive dialogue with members.
- Small group deliberations: Members discussed the issues in roundtable discussions before reporting back to the full Convention.
- Plenary sessions: Summaries of small group discussions were presented to all members.
- Final deliberations and voting: Members voted on recommendations based on their deliberations.
A more detailed overview of the programme can be found in the Second Report here.
Voting and ballots
When a vote was required, it was conducted by secret ballot among the members present. The Chairperson, supported by at least two other members of the Convention, oversaw the voting process.
To facilitate structured decision-making, the voting process was divided into three stages. First, members determined whether to recommend reform on the issue at hand. If a majority supported reform, the second stage involved considering the specific details of the proposed changes. Finally, the third stage allowed members to vote on additional prominent themes that had arisen during deliberations.
The Role of Women in the Home
41.2.1° In particular, the State recognises that by her life within the home, woman gives to the State a support without which the common good cannot be achieved.
In the first vote, 88% opposed leaving the clause unchanged. In the second vote, 88% supported modifying rather than deleting the provision.
Among those in favor of amendment, 98% supported making the clause gender-neutral and inclusive of all carers. Additionally, 62% favored expanding the provision to recognize carers beyond the home.
On the level of state support for carers, opinions varied from minimal obligation (20%) to a mandatory level of support (30%), with the average preference favoring a reasonable level of state assistance.
Encouraging Greater Participation of Women in Politics and Public Life
41.2.2° The State shall, therefore, endeavour to ensure that mothers shall not be obliged by economic necessity to engage in labour to the neglect of their duties in the home.
A majority (62%) supported amending the Constitution to include an explicit provision on gender equality. However, opinions were divided on placing a constitutional duty on the State to take positive action to enhance women's participation, with 50% opposing the measure and 49% in favor.
There was overwhelming support (97%) for increased government action outside of constitutional amendments to encourage women’s participation in politics. Additionally, 89% supported amending the Constitution’s text to use gender-inclusive language.
A more detailed overview of the voting results are available in the Second Report here.
Recommendations and Government response
The Convention recommended:
Women in Politics
- Article 41.2 (on the role of women) should be made gender-neutral to include other carers both ‘in the home’ and ‘beyond the home’.
- Re a.41.2.2 (the State’s support for carers) the State should provide ‘a reasonable level of support’.
Role of women in the home
- The Constitution should be amended to include an explicit provision on gender equality.
- Apart from constitutional reform, there should be more government action to encourage greater participation of women in politics.
- The Constitution should be amended to include ‘gender-inclusive’ language.
These recommendations were compiled in the Second Report (here), published in May 2013, and are available on the Citizens’ Assembly website (here).
The Government was required to respond within four months. A parliamentary debate took place on October 10, 2013.
Government Response
The Government decided on June 11, 2019, to establish a Citizens’ Assembly on Gender Equality. This decision followed the recommendation of the Joint Committee on Justice and Equality, as outlined in its report on pre-legislative scrutiny of the General Scheme of the 38th Amendment of the Constitution (Role of Women) Bill. The report examined the recommendations made by the Constitutional Convention in relation to Article 41.2, setting out two possible avenues for reform. One of these avenues was to establish a citizens’ assembly before proceeding with a referendum.
The scope of the Citizens’ Assembly on Gender Equality was set out by Taoiseach Leo Varadkar in response to parliamentary questions regarding the two planned assemblies. He announced that the assembly would convene in October 2019 and sit until March 2020 (Bill Digest, 2019, p. 10).
A full overview of the Government's response is available here.
