Arts Minister is wrong when she says ‘a woman’s place is in the home’ is in our Constitution
THE chair of the newly established Electoral Commission has bared her teeth, criticising a senior Government minister for making ‘simply wrong’ remarks that the Constitution says a ‘woman’s place is in the home’. In her first substantive interview since her appointment, Judge Marie Baker slapped down Media Minister Catherine Martin after she made the factually incorrect statement on social media.
Ms Martin posted the comments just as we sat down to interview Judge Baker at the Electoral Commission’s new headquarters in Dublin Castle.
Advocating for a ‘Yes’ vote in the looming March 8 referenda on family and care, she wrote on X, formerly Twitter: ‘It’s not reflective of today’s society for our Constitution to say that a woman’s place is in the home. Diverse families deserve equal recognition in our Constitution. A yes-yes vote in both referendums will help create a more equal &
‘There’s a certain political rhetoric but the Constitution doesn’t say that’
inclusive society in Ireland.’ But Judge Baker said the Minister – who has also been widely criticised for her handling of the RTÉ crisis – is ‘simply wrong’.
The chair of the new disinformation watchdog said bluntly: ‘She’s wrong. It [Constitution] says something much more positive than that.
‘It says something that is that is a more positive statement of values. It says that the work that women do in the home, proState vides an important support to the common good to society.’
Judge Baker accused politicians of engaging in ‘political rhetoric’.
She added: ‘You don’t have to blow it up into big language about disinformation or misinformation. We can say… that’s not what the Constitution says. The Constitution doesn’t say women’s place is in the home.
‘There’s a certain political rhetoric going around, but the Constitution simply doesn’t say that.’
On March 8, people will be asked if they wish to amend articles of the Constitution related to the role of women in the home and the concepts of family and care.
The proposed 40th amendment proposes to delete Articles 41.2.1 and 41.2.2.
Article 41.1.1 states: ‘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.’
While Article 41.2.2 states: ‘The 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.’
Discussion of Ms Martin’s erroneous statement was initiated by Judge Baker when asked about fears of ‘disinformation’ in the campaign.
The Electoral Reform Act was passed by the Oireachtas last year, after which the Electoral Commission was set up earlier this year to run and monitor elections and referendums.
Under the Act, the Commission has been given extensive powers to monitor and regulate election campaigning online, including paid advertising.
The Act also confers significant powers on the Commission to enforce its decisions on internet and social media companies.
However, parts 4 and 5 of the legislation, which gives the Commission sweeping powers to deal with disinformation – including the power to force social media companies to take down misleading information – have not yet been enacted.
Judge Baker said that, although the Commission does not have the powers to go after social media companies – which will be reinforced by the High Court – they do, ‘have a power and an obligation to explain the subject matter of the referendum. And if somebody says something factually wrong, then we can correct it.’
Judge Baker will retire from the Supreme Court in spring when she turns 70. However, she will serve as chair of the An Coimisiún Toghcháin (Electoral Commission) for seven years.
The long-awaited Electoral Commission came into effect two weeks ago after Local Government Minister Darragh O’Brien signed an order under the Electoral Reform Act 2022.
The Electoral Commission will be directly accountable to the Oireachtas and will be independent from the Government.
And this year promises to be a baptism of fire for the Commission, with local and European elections in June and possibly a general election later this year.
The general election must be held on or before March next year, while the presidential election is scheduled for October 2025.
The Commission will also decide electoral boundaries, provide full information on referendums, registered political parties and the oversight of media and online political advertising.
It will also have responsibility for ‘electoral integrity’.
While the Commission will have sweeping powers, Judge Baker, who comes across as reasonable and measured, said she would be reluctant to use the ‘nuclear option’. Instead, as she did in the case of Ms Martin, she is more in favour of
stating the facts to counter incorrect statements.
She said: ‘If there is something that’s factually incorrect, I think, being reasonable and using all of the tools at our disposal [public counterstatement] to correct it is a hell of a lot more straightforward and simple than going down to the High Court for an order, or getting onto social media companies and saying: “Well, that take that down”.
‘That actually is a very heavy hammer [compelling social media companies]. We would see that as the nuclear option. The more straightforward, rational way to do this is to say: “Well, actually, the Electoral Commission notes that this was said, it’s not correct. This is actually what is in the Constitution.”’
The Commission’s powers to police online misinformation and disinformation set out in parts 4 and 5 of its founding legislation will not be in place for the March 8 referenda, however, Judge Baker said they will be in time for the June local and European polls.
She also revealed the Commission has already had substantial contacts with social media companies, mostly through the body’s new chief, Art O’Leary.
And Judge Baker said she has been pleasantly surprised by the engagement so far.
‘We are already very engaged with them,’ she said.
‘Art is doing most of this rather than me, but we have a very, very good relationship and there’s been a lot of to-ing and fro-ing in the last few weeks.
‘The social media companies, I would say, are alive to the problem. For whatever reason, it might be commercial, it might be that they are morally responsible for democracy, whatever it is – they know that they must be careful as well.
‘We are pleased that they are alive to the issues and pleased that we will establish a relationship with them and that they want to have a relationship with us.’
The Commission’s beautiful Georgian offices are located at the Ship Street end of Dublin Castle and were once the headquarters of the British Army quartermaster general.
The building had fallen into disuse in recent years, but it has since undergone a full refurbishment.
Aptly, as it oversees a referendum to change the status of women in the Constitution, it was also the site of brave attempts to raise the future freedom of women in Ireland.
At the rear of the building, a blueliveried Dublin City Council historical plaque reminds us of women’s fight for the vote: ‘Hanna Sheehy Skeffington. Sufragéid, a rinne smidiríní de na fuinngeoga seo, 13, Meitheamh 1912. Suffragette, Smashed These Windows.’