Louise O'Reilly (Dublin Fingal West, Sinn Fein) | Oireachtas source

I welcome the progress of this Bill. I thank members of my own and other parties and specifically Deputy Kelly for keeping this issue firmly on the political agenda for the past number of years. I also thank the Minister's officials for facilitating a briefing with the Opposition earlier this week and for taking our questions. It is very important to remember that what brought us here was a grieving partner and family having to take to the courts to ensure this change will happen. It must have been so difficult for John O'Meara and his family to have to take this case. It is very regrettable that he was left with no option other than the legal route. We know Mr. O'Meara is not alone. There are other similar cases and although the numbers are small, there will be people whose bereavements predate the O'Meara judgment and they will ask questions about retrospection.

When I was preparing my few words for this debate, I thought back to my own marriage which was a very long time ago. It was in the last century, in fact. I genuinely had absolutely no interest whatsoever in getting married or in being married. The concept of being someone's wife did not sit well with me at all. We did get married but we got married because we had a child and also because we found the time and space to do it. Not everybody does. Being married did not mean I loved my husband any more or any less. It did not make our relationship any stronger or any different from what it was before.

It is the same for couples who are together but have not formally registered their relationship. They are as close and as loving as those who have a piece of paper to recognise their relationship.

As I have said, I welcome the legislation. I will work with the Minister to ensure that any necessary improvements are made and that this legislation makes its way through all stages without any delay. There are a number of areas where I think it might be appropriate to make amendments. I will be submitting these at subsequent stages to reflect my concerns, many of which are shared by representative organisations. I would suggest that the Minister should find time to engage directly and to hear those concerns first hand.

FLAC has advised that we should ensure strict compliance with the O'Meara judgment. It believes entitlement to the bereaved partner's pension should be expanded to cover divorced and separated partners who are not remarried or cohabiting and who are financially dependent on the deceased ex-partner in respect of their children. It further believes that to give effect to the recommendation of Oireachtas social protection committee, the 2025 Bill needs to be amended to ensure that the current definitions, which include certain divorced and separated people, are not removed and that the new definition of qualified cohabitants is expanded to include certain separated qualified cohabitants.

Concern has been expressed by the organisation Treoir. It has rightly pointed out that the discrimination against these families did not start in January 2024 and it, like me, would like to see an expanded element of retrospection. We know that there are families who suffered a bereavement and subsequently paid a high price financially, and they want to see this recognised by the State. Where do they stand if their bereavement predates January 2024? In some instances they are still dealing with the financial fallout as well as the emotional impact. I understand the concept that although something possibly may have been unconstitutional, it was not officially unconstitutional until it was declared as such. While I fully appreciate the established precedent, given that the numbers are tiny, some consideration should be given to recognising that there are some people whose bereavements predate the O'Meara judgment.

Treoir also wants to know whether the widow's or surviving civil partner grant, the once-off payment, will be backdated for families beyond January 2024. They have asked me to convey that they are very happy to meet to discuss that.

We very much welcome the Bill. We also support the proposal from Deputy Kelly that it would be fitting to name it in honour of John O'Meara's deceased partner Michelle. We look forward to working with the Minister and his officials to bring this through all stages as quickly as possible and to make it as strong as possible.

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