Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank the Deputy. Under the law, as currently enacted, entitlement to a widow's, widower's or surviving civil partner’s contributory pension is only available to a surviving partner who was party to a marriage or civil partnership. On 22 January, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant to a widow's, widower's 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 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.

On 18 June, I 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 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 on 26 July. My officials are now working closely with the Office of Parliamentary Counsel to develop and finalise this legislation and I intend to introduce it to the Oireachtas as soon as possible once that is done. I trust that clarifies the issue.

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