Dara Calleary (Mayo, Fianna Fail)

I will address both amendments. Once again, I wish to correct the record. I do not rule amendments out of order. We have had considerable engagement with all of the organisations in this space. I do not propose to accept the amendments. It is important that the changes we propose are allowed substantial time to bed in and any changes to the rights of qualified cohabitants are consistent with the position of the 2010 Act. It is not appropriate to include commitments to producing reports in primary legislation which is as complex as this Bill. Legislation is typically only applied prospectively, hence any retrospective conferring of entitlement requires a strong legal justification in order to avoid creating a precedent which could affect other schemes. In recognition of established legal principles, it is proposed that the payment of the bereaved partners contributory pension will commence from the date of judgment in the case of the death that occurred prior to that date and from the date of the death for claims after 22 January 2024 when the existing law was found to be inconsistent with the Constitution. To pick another date would be arbitrary and would expose the State to further claims.

A report might give a clearer indication of quantum in respect of pre-2024 payments. It would not change the legal position in relation to the payments and it could not be a feature of the legislation. However, I will be asking my officials to review the impact of all of the changes, including those who qualify and all of the issues that arise. I will be asking for regular updates on this. I would be happy to committee informed of this but I do not see it as a role for legislation to prescribe that role.