“In the absence of clear guidance within the constitutional text or by way of legislation, it is difficult to predict with certainty how the Irish courts would interpret the concept of ‘other durable relationships,’" wrote Fanning to O’Gorman on 8 December, 2023.
“The courts may well address the question of what constitutes a ‘durable relationship’ on a case-by-case basis, having regard to the facts and circumstances of the particular case and the evidence before it,” added Fanning
Sorry lad, I don’t know the answer to that. And therein lies the problem.
This was a home run, never in doubt referendum, if the amendments were worded clearly.
For what it’s worth, I think The Family Amendment will pass comfortably and The Care Amendment will be defeated.
I’d be happy enough with that, I can’t get my head around the carers one when we currently do the square root of fuck all to promote anybody at all being permitted to stay in the home, at the same time the language is most definitely outdated.
I personally think they’re not n an impossible position re the ‘durable relationship’ terminology as the alternative is an arbitrary time frame or similar
The advice clearly supports everything the government have been saying. It’s an odd move by whoever leaked it in going to the Ditch (maybe others rejected it) but the messaging is very much in line with what has been repeated by the government in recent weeks.
The care amendment is probably more interesting in that there has been more skepticism about its impact but the view from the AG is clear that it does confer a signinficant extension of obligations to the state to provide care. That’s in line with previous statements but it’s no harm to have it publicly confirmed.
The family amendment does not add additional rights, but does protect extended definitions of families and is not likely to have any impact on immigration.
Because governments in Ireland don’t generally release attorney general advice I believe and that’s the policy of this government and previous governments.
The timing is probably annoying to the Yes side because a late leak like this looks like a “gotcha” but there’s nothing in there that contradicts anything that has been said by the government until now.
They’d have been better having this advice out there from the start. They’d also have been better off with different people in the debates etc but with a coalition and established political parties you won’t always get the right decision or messaging.