Oireachtas Joint and Select Committees

Tuesday, 2 July 2024

Joint Oireachtas Committee on Social Protection

General Scheme of the Social Welfare (Bereaved Partner's Pension) Bill 2024: Discussion

6:30 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent) | Oireachtas source

I might clarify what Deputy Ó Cathasaigh was saying about the evidence given to the committee earlier. The point he was making, and I ask him to tell me if I am wrong, is that the Supreme Court focused on the lack of access to the benefit of the widow's pension for the children. It focused on the children in this case. There were three children as part of this relationship and they were not able to access the benefit of the widow's pension. The representatives of FLAC told us in the previous session that as this general scheme is currently proposed, the child of a divorced couple could be left in a similar situation, which could lead to a further challenge coming before the Supreme Court on similar grounds. FLAC is concerned that as this scheme is proposed and as Mr. Duggan has just articulated, it could expose the State to a future challenge and the constitutionality of this proposed amending legislation might be questioned. Is that the point the Deputy is making?

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