Ireland 'on road to chaos' - Former Justice Minister clashes with McEntee on referendum

Friday's vote will decide whether the concept of family will include those founded on "other durable relationships" as well as on marriage. 

Additionally, the amendment proposes removing mention to marriage being the foundation of family. 

Speaking on the Tonight Show, Minister McEntee responded to a question posed by host, Claire Brock, about Deputy Neale Richmond's comments on the potential "serious" consequences in regards to immigration law. 

Minister McEntee said, "So our immigration laws are set out by government, the family reunification law we have at the moment is very clear and very narrow for specific reasons. It's between a parent and a child, that's not going to change because of this referendum, we're talking about recognising a family.

"When it comes to government making decisions, when it comes to ministers, particularly on immigration laws, I as minister - and the senator will know this as former minister - have to take into account certain things, looking at security, looking at the implications of things overall." 

When asked if Deputy Richmond is wrong, the minister said, "Well, yes, because this is not going to change the laws we have now. There are not going to be suddenly an influx of people coming and saying they now have a different application that they can apply here, because the law is very clear. 

"It's very narrow for very clear purposes. If any Supreme Court judge were to change that, they have to take into account the common good overall." 

Senator McDowell disagreed, and referenced a 2022 case which reportedly used the concept of a durable relationship as a reason to be able to stay in Ireland. 

It was then referred on to the European Court of Justice, where it reportedly did not proceed further. 

He said, "This shows the confusion that there will be in immigration law." 

She responded to say, "You're talking about a case that's happening now before any change, there will always be people who contest the laws we have, there will always be people who claim asylum or claim family reunification or try and prevent themselves to be deported and they will use different types of case law. But our laws are very clear on family reunification, how they apply and how they should be applied, changing our referendum to recognise other types of families doesn't change that." 

Brock asked whether she acknowledges there may be increased court challenges in regards to durable relationships. 

Minister McEntee said, "They may, but there are always cases brought to the constitution, always cases brought to the Supreme Court, but it is for government to decide on immigration law. And it's set out very clearly and in very narrow terms why we have the criteria that we have." 

Senator McDowell said, "That's precisely why Neale Richmond was right. There will be serious consequences, and that's precisely the kind of confusion that's out there. I just want to say this, the great majority of people in this country are confused about the meaning of this term [durable relationships].

"Because the government chose, as you said at the beginning of this, not to define it by law because you might leave somebody out. With respect, that's not the precision we need, we need a system whereby those entitled to be regarded as families are clearly understood, and I know if I'm in a durable relationship or I'm not. 

"I don't have to go to court to find out whether I am and I don't have to have a row with my partner about whether my relationship was or was not durable.

"We are going down the road towards chaos, and it's for that reason that I opposed the referendum proposal when it came to Seanad. For that reason I tabled the amendment to say please prescribe all these relationships by law if you want to make them into families, and Minister O'Gorman said no we'll leave it to the courts." 

"You say [our] courts will decide these cases, [the 2022 case] was off to the European Court of Justice, we won't decide the outcome here, they were going to decide the outcome there." 

Minister McEntee responded to say, "The only unintended consequence we'll have if people vote no on Friday is that 1 million plus people, [including[ children that you've referred to, will wake up and will be told by everyone else in this country that their relationship is not a family relationship, that's the only unintended consequence." 

If a majority yes vote is decided, the family will be recognised as being founded on marriage and other durable relationships (ie. different types of "committed and continuing relationships other than marriage"). 

If a majority no vote is decided, constitution will continue to give special status only to the family based on marriage between two people without distinction as to their sex.