Mr. Christopher Bowes:

Ms Barry made clear in her presentation that we are quite strong in that we believe these changes are not required by the O'Meara judgment and in fact are inconsistent with it. We do not accept that. The Department has at various times put forward the idea that these changes are to bring the scheme in line with the O'Meara judgment to create greater consistency. The result of the changes it is proposing is that this would create a situation similar to the O'Meara case where one group of families, those where the parents were divorced and separated, are treated differently from cohabiting families, families where the parents were married and families with parents who are in a civil partnership. As the Chief Justice pointed out, no matter the status of the parents, their obligations to their children are still the same. That applies whether the parents are divorced or separated. We believe a situation is being created where another group of families is being arbitrarily excluded. We do not accept the idea being put forward that this is somehow consistent with the O'Meara judgment.

Another rationale being put forward for it by the Department-----