Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I congratulate the Deputy on her new role and wish her well. I look forward to working with all Deputies in my role in the Department of Social Protection.

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. However, as the Deputy is aware, on 22 January 2024, 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 found in favour of the claimant, Mr. O'Meara, 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 Mr. O'Meara 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 to resolve the issue raised by its judgment, a legislative amendment is required. In June 2024, the then Government approved the priority drafting of the legislative changes required. The general scheme of a Bill was referred to the Office of the Parliamentary Counsel, OPC, for priority drafting and to the joint committee on social protection. The draft legislation raised a number of complex issues that require the advice of the Attorney General. There is ongoing engagement. A stamped draft of the Bill has been received. I intend to bring it to the Government imminently in order to obtain approval for its introduction.

I will deal with the other issue the Deputy raised in our subsequent exchanges. I acknowledge the work of Deputy Kelly, in particular, and of Deputy Buckley, who have consistently raised this issue with me in the weeks since my appointment.

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