The Attorney General’s legal opinion on the language of the government’s Family and Care referendums was leaked, and Minister for Children Roderic O’Gorman has stated that this would probably be looked into, reports RTE.
“I imagine the department of the Taoiseach will look at the issue,” he said on RTÉ’s This Week show.
The day before the polls, the minister claimed, the advice was leaked “at a time in the campaign when people aren’t able to properly address it due to the broadcasting moratorium,” which was “hugely frustrating,” reports RTE.
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Attorney General Rossa Fanning’s unpublished advice, which was first made public by The Ditch website, stated that laws requiring the State to “strive” to promote caregiving within families would have “real effects” that the courts might uphold.
It did, however, also state that there was legal ambiguity over whether the phrase “strive” would have greater legal weight than the word “endeavour,” which is now included in the Constitution, reports RTE.
Additionally, Mr. Rossa cautioned that it is “difficult to predict with certainty” how the idea of “durable relationships” will be interpreted by Irish courts.
The 12-page report from the AG “backs-up the arguments I and the government were making in terms of the meaning of durable relationships,” Minister O’Gorman stated on This Week, reports RTE.
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