Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I thank the Ceann Comhairle. I did not think we would finish this quickly. I thank Deputy McAuliffe and all Deputies who gave me good wishes today. I have listened with interest to all of the contributions. We have taken notes. For Deputies who raised individual cases, I ask them to send me specific details and we will try to action them in as far as we can. It is clear that there is broad support across the House for implementing the main measures of this Bill. It is rooted in many of the personal stories that many Deputies have shared today, and that Deputies and Senators have all experienced in our constituencies. The frustration that we feel on many occasions in dealing with these kinds of cases has been articulated by many.

The O'Meara family - John O'Meara and his children - have given great hope and direction to people. We must now move to implement this case. In finding in favour of the O'Meara family, the Supreme Court did so on the grounds of the equality guarantee in Bunreacht na hÉireann. This legislation is designed to now provide for that equal treatment of couples whose relationship and family life is grounded on an intimate and committed relationship other than marriage or civil partnership. It does this by reflecting the existing definition of qualified cohabitants, which is contained in the 2010 Act, as was then enacted by the Oireachtas. We have used the 2010 Act as very much the scaffolding in trying to respond to this issue.

The inclusion of qualified cohabiting couples for eligibility for the bereaved partners pension does require us, however, to address circumstances where relationships break down, and then eligibility ceases. The Supreme Court noted anomalies with the existing scheme, including the continued eligibility for divorcees and others whose relationships have long broken down. We have a choice to either address these anomalies, or indeed make them more complex by creating a situation where multiple payments to multiple former partners could potentially be funded through the Social Insurance Fund. That is not the primary purpose of this scheme. It is important to take this opportunity to ensure that the equality provided for accessing the scheme is also applied where personal circumstances change and the entitlement is no longer appropriate.

A number of issues were addressed according to a constant theme throughout the debate. First, why did we use the 2010 Act for definition? The Supreme Court noted in its judgment that the State had already defined cohabitation within the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. Therefore, reliance on the existing legal framework is, I think, a reasonable approach for an Oireachtas to adopt in regulating access to the bereaved partners contributory pension for qualified cohabitants.

The criteria the Department will use to determine whether someone is a cohabiting couple was raised by a number of Deputies. Again, we have guidance within the 2010 Act on the basis that within that Act, there are a number of areas, including, but not exclusively: the duration of the relationship; the basis on which a couple may have lived together; the degree of financial dependence of either adult on the other, and any agreements they may have had in respect of their finances; the degree and nature of any financial arrangements between the adults, including any joint purchase of a property; whether there are one or more children of the relationship; any social welfare payment and the conditions in relation to the payment, for example, receipt of one-parent family payment or an increase for a qualified adult; whether one of the adults cares for or supports the children of another; or the degree to which adults present themselves to others as a couple.

The Department currently applies these tests to other schemes to assist in determining whether a relationship of cohabitation exists.

There is a regulation-making power to allow for the Minister for Social Protection of the day to make regulations concerning the types of documentary proof required to establish qualified cohabitation. There is also - this was referred to by a number of Deputies - regulation-making power for the Minister to consider time spent living apart due to medical reasons as not bringing the relationship to an end. A statutory delegation may also be presented on a case-by-case basis to provide evidence.

The issue regarding two and five years and the difference between a cohabiting couple with children and a cohabiting couple without children is based on the existing 2010 Act. I was asked for a number of claims that predate 2024. Currently, we have 160. They are only claims, however, and it does not say whether there is that amount of relationships for their claims that we have to date. The issue regarding the backdating of the bereaved parent grant has been mentioned. One of the difficulties there is that grant is paid where there are dependent children at the date of the person's death to meet their expenses in the immediate aftermath of the death. The rate of payment has changed over the years since its introduction, increasing from €1,000 in 1999 to the current rate of €8,000. Attempting to backdate the payment may result in payments for children who are no longer dependent and where other supports, including social welfare supports or additional needs payments were made available at the time. Therefore, it would be very complex to do that. In terms of backdating payment to the date of death, it is currently proposed that payment of the bereaved partner's contributory pension will commence from the date of judgment in the case of death that occurred prior to that date, that is, 22 January. It is important to clarify that where deaths occurred before 22 January, people can make a claim. Some Deputies seem to think people could not, but that the payment will be for after 22 January, when the existing law was found to be inconsistent with the Constitution. To go picking another date in this circumstance would be considered to be arbitrary. Legislation is typically only applied prospectively, hence any retrospective conferring of entitlement requires strong legal justification to avoid creating unwanted precedent, which would affect other schemes. I emphasise that other supports are available within the Department to support people who may face financial issues. I encourage Deputies to provide me with cases and we will try to see if we can put other supports in place.

Deputy Carthy made the point regarding the necessity of information and providing information for this. We absolutely intend, once this Bill is enacted, to commence a communication campaign that will be particularly focused on the following issues. First, eligibility, focusing on the time required to be living together in an intimate and committed relationship to be considered as a qualified cohabitant and the information that may be necessary to evidence this in order that people can start getting that together. Second, the phrase "historical deaths" is a very technical one. It does not seek to downplay grief. The Department will emphasise that regarding a claim being based on qualified cohabitation, deaths before the enactment of the Bill will allow a person to access the payment, and all historical deaths, regardless of the date, will be considered once the criteria for payment is satisfied. With regard to backdating, the Department will emphasise that even in the context of all historical deaths being considered, the payment of bereaved partner's contributory pension for qualified cohabitants will commence on 22 January 2024. The Department will ensure that people are aware of the six-month window that is now open in order to avail of the extended backdating. This is an exception to the general rule that provides six months' backdated to the date of the claim. If the claim is made outside of this six-month window, then a person will no longer be able to avail of the extended backdating in this scenario and will be subject to the normal six-month backdating from the date of the claim which applies to current applicants. Again, I want to ensure that we will try to assist and be as flexible as possible for claims in this particular area. We will ensure that all information is made available through multiple communications channels, including social media and Citizens Information. The Department will put on a paid public information case in this regard.

There were a lot of questions regarding the 2010 Act. I have put that into context and I will seek to come back to the Deputies regarding any other issues that were mentioned. I thank the Deputies for their contributions today. I have taken notes, and we will seek to reflect on those notes. A number of Deputies have asked whether I will engage with Treoir. We will be making arrangements to have an engagement with Treoir ahead of Committee Stage of this Bill.

In concluding what can be a technical presentation, particularly on my part as a Minister, I pay tribute to John O'Meara, to his children and to Michelle. We remember Michelle today, and all of those who have had to take this journey on their own. At the end of the day, we have to ensure that people and people's memories are at the heart of this process. While legislation can be technical, it is very important to emphasise that.

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