Matt Carthy (Cavan-Monaghan, Sinn Fein) | Oireachtas source

Among the most distressing cases I have ever dealt with as an elected representative are those when one partner dies in a loving couple who have been living together for years, often with dependent children. I have dealt with cases where tragic circumstances were involved. Just because at no point in the relationship did they go to the effort of getting a piece of paper to say they were married, the surviving partner received no support whatsoever in terms of the widow’s pension. I always felt it was cruel in the extreme by the State. The cruelty was compounded by the fact that it was implemented by the Department of Social Protection which, when the same couple were alive, was quick to decide they were essentially the same as a married couple. I know that approach by the Department led to the break-up and breakdown of other relationships, particularly in cases of single parents or carers with dependent children. Upon the relationship becoming embedded, the Department virtually immediately decided they were a cohabiting couple.

Often the financial strain of one partner losing their social welfare supports actually prevented the relationship from becoming embedded.

Of course, it is absolutely welcome that this Bill is being progressed and that, to a point, some of the cruel anomalies I have mentioned have been addressed. I note the welcome by Government representatives of this move and their commendations of John O'Meara but it should be noted that this Government and the parties that make it up actually dragged him through the court to get to this point. It went right up to the Supreme Court, in fact, before that court adjudicated that the same Government was in breach of the Constitution. I cannot help but think about all of those families who were discriminated against and in many cases, put into severe financial hardship. The loss of their loved one was compounded by the State declaring that their partner and their relationship was somehow lesser in the eyes of the Government. We now know that had any of them at any stage had the ingenuity and determination of John O'Meara, it would have been declared that they too were being treated unconstitutionally. Therefore, it is deeply regrettable that the Government is providing for backdated payments not to the not to the date of death, when losses were incurred, but to the date of the judgment. I join others in urging the Minister to reassess that.

It must also be noted that even as the Bill stands, there will be many people who were discriminated against for years who will now be entitled to a payment going forward. One of the things I would urge the Minister to do is ensure that a public awareness campaign starts now so that those people know that a historic injustice is going to be addressed. I urge the Department to engage on this and go through the records because I am sure, based on my own experience, that there were thousands of representations made over the years. Representations were made, pleading with various Ministers to make an exception due to the hardship involved. I ask the Minister to ensure that all of those people are contacted by the Department rather than them having to go through a rigmarole themselves. I urge the Minister to consider those people who will be entitled to a payment when the Bill is passed who may be in situations of financial hardship now and to ensure that there is some supplementary or discretionary payment made available to them. This is a good start but there is a long way to go.

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