Dáil to debate incorporation of economic, social and cultural rights into Constitution

A report submitted by the Constitutional Convention in 2014 said a large majority of its members supported changes to enshrine ESC rights, but called for “further consideration of the implications of possible reforms”.

At a Cabinet meeting yesterday, Government ministers disagreed on whether the measure was appropriate, The Irish Times reports.

Taoiseach Enda Kenny reportedly expressed concerns that it would lead to undue court interference in the allocation of public funds.

The eighth report of the Constitutional Constitution said: “The results of the ballot were clear with a large majority (85 per cent) of the members favouring changes to the Constitution in order to strengthen the protection of ESC rights.

“However, a sizeable minority (43 per cent) of Convention members recommended that the issue be referred elsewhere for further consideration of the implications of possible reforms, perhaps reflecting the challenge of tackling the subject in a single weekend.

“The Convention also recommended that there should be a constitutional provision that the State would progressively realise ESC rights, subject to maximum available resources, and that this duty would be cognisable by the courts, and that the provision would not diminish the level of protection already afforded in the Constitution.

“The Convention also identified a number of specific rights including housing, social security, rights for those with disabilities, healthcare and language and cultural rights which it recommended should be enumerated in the Constitution.”