Dáil Éireann Debate, Wednesday - 5 February 2025
636. Deputy Carol Nolan asked the Minister for Social Protection to provide an update on his officials' engagement with the Office of the Attorney General and the office of the Parliamentary legal advisor on new legislative changes to the criteria for qualifying for the widows and widowers pension; and if he will make a statement on the matter. [2244/25]
Amharc ar fhreagra639. Deputy Liam Quaide asked the Minister for Social Protection if he will provide a timeline for legislation to give entitlement to unmarried cohabitants to a widow’s, widower’s or surviving civil partner’s contributory pension; and if he will make a statement on the matter. [2257/25]
Amharc ar fhreagra652. Deputy Brian Brennan asked the Minister for Social Protection for an update on the Social Welfare (Bereaved Partner's Pension) Bill 2024; and if he will make a statement on the matter. [2379/25]
Amharc ar fhreagra653. Deputy Pat Buckley asked the Minister for Social Protection to urgently enact the Social Welfare (Bereaved Partner’s Pension) Bill 2024; and if he will make a statement on the matter. [2399/25]
Amharc ar fhreagra662. Deputy Mark Wall asked the Minister for Social Protection the up-to-date position on the Social Welfare (Bereaved Partner’s Pension) Bill 2024; the current position of the Bill; the estimated time to enact the Bill; and if he will make a statement on the matter. [2494/25]
Amharc ar fhreagra666. Deputy Pádraig Rice asked the Minister for Social Protection the status of the Bereaved Partner’s Pension Bill 2024; if he will commit to urgently progressing this legislation to give effect to the O’Meara judgment from January 2024; the timeline to publish the Bill; if he plans to act on the pre-legislative scrutiny recommendations of the Joint Committee on Social Protection, Rural and Community Development, and the Islands; and if he will make a statement on the matter. [2540/25]
Amharc ar fhreagra670. Deputy Aindrias Moynihan asked the Minister for Social Protection the timeline for legislation to be enacted on the Supreme Court’s judgement to the entitlement of an unmarried co-habitant to a widow’s, widower’s or surviving civil partner’s contributory pension; and if he will make a statement on the matter. [2599/25]
Amharc ar fhreagra681. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the terms of the widow's or widower's pension, particularly in respect of non-married or co-habiting couples, and the judgment of the Supreme Court on 22 January 2024; the expected timeline in terms of the legislative changes that are required in respect of this decision; and if he will make a statement on the matter. [2798/25]
Amharc ar fhreagra687. Deputy Pat Buckley asked the Minister for Social Protection to ensure that the Social Welfare (Bereaved Partner's Pension) Bill 2024 is enacted without further delay; and if he will make a statement on the matter. [2939/25]
Amharc ar fhreagra728. Deputy Mairéad Farrell asked the Minister for Social Protection following on from the recent Supreme Court case which recognised the rights of cohabiting partners to access the widow’s and widower’s pension, when such payments will begin to be disbursed; and if he will make a statement on the matter. [3237/25]
Amharc ar fhreagraI propose to take Questions Nos. 636, 639, 652, 653, 662, 666, 670, 681, 687 and 728 together.
Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership.
As the Deputies are aware, on 22nd January 2024, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.
In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.
In June 2024, the Minister obtained Government approval for the priority drafting of the legislative changes required to respond to the Supreme Court decision. The General Scheme of a Bill was referred to the Office of Parliamentary Counsel (OPC) for priority drafting and to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for Pre-Legislative Scrutiny. The Committee issued its report and recommendations on the 26th July 2024 and this was reviewed as part of the deliberations with the OPC.
The draft legislation raised a number of complex issues that required the advices of the Office of the Attorney General and ongoing engagement between officials in the Department of Social Protection and the Office of Parliamentary Counsel. A draft Bill is now being finalised and I intend to bring it to Government in the near future in order to obtain approval for its introduction to the Oireachtas.
I trust this clarifies the matter for the Deputies.
