Seanad debates

Wednesday, 26 October 2022

Social Welfare (Surviving Cohabitant’s Pension) Bill 2021: Second Stage

 

10:30 am

Photo of Jerry ButtimerJerry Buttimer (Fine Gael) | Oireachtas source

I welcome Mr. O'Meara and his family to the House and thank them for being here. I commend Senator Wall and the Labour Party on this Bill. I apologise that I missed the briefing by Treoir but I commend it on its great work from which we have all benefited as Members of the House.

What was said in the Minister's statement is very true. This debate is about human loss and about grieving. Those of us who have been in relationships and who have met cohabiting couples constituency offices know that grief has no boundaries. It does not matter whether a person is married or not, the pain and the hurt is still the same. That is why this Bill is very important. I am hugely conscious that my words do not betray the support we, as a State, need to give to cohabiting couples. I welcome the debate and the fact the Minister is not opposing the Bill. I recognise she has tabled an amendment and I understand the rational behind it.

I have had the pleasure of knowing the Minister, Deputy Humphreys, for nearly 15 years and she is a very compassionate, progressive and understanding Minister of her Department. She does not just take the advice of civil servants or officials but she is her own person.That is why I very much welcome what she said following on from the report of the Citizens' Assembly and what Senator Ardagh said about the Joint Committee on Gender Equality and the need for all of us to approach this debate in a non-political way and bring about change and the result sought in the this Private Members' Bill. That is positive.

This is about providing support and recognising that the concept of family has changed. We are debating real people and real-life experiences. We have made significant legislative advances over the years in the areas of divorce, civil partnership, tax breaks and changes in Finance Acts and marriage equality. I have from the graciousness of the Irish people in voting "Yes". I can wear my wedding ring and celebrate my union with my husband thanks to the Irish people.

I hope we can take from tonight the need to ensure the scaffolding the Minister spoke about is built into the Government's response. I believe a referendum is needed to bring constitutional change. We can argue the minutiae of legal advice but when we consider what Governments have done over the years on marriage equality and other issues, that took referendums of the people.

This is about us as a society and a nation and the Bill reflects that. Society is ahead of us. We as legislators and a country are playing catch-up. Society has changed, evolved and moved on and relationships and the nature of relationships have changed. I hate the word "cohabiting". These couples are living together because they want to and are in love. Their relationship is no different from that of the man and woman or the two men or two women married, except legally in the eyes of the State. I have sat in my constituency office with surviving partners and they and I are at a loss. I am bereft when I see the huge loss they have experienced and that the State does not put its arm around them in the way it should.

I know some will cynically say the amendment will kick this further down the road. I hope it does not do that. I do not want that and in her very good speech, Senator Ardagh, who is a solicitor, outlined cases she deals with and the advice she gives people.

This is about ensuring the State does the right thing. I take great hope and solace from the Minister’s speech and the language she used regarding constitutional reform. This is something we need to do. In her final contribution, the Minister recognises the pain and hurt and the need for action.

It is important that we recognise that this is about people and the children and partner who are left behind. It is about marrying grief with the need for real support. I hate the phrases “entitlement”, “benefit” and “ineligible for benefit or payment”, which we sometimes read in replies to Commencement matters or in replies to Deputies' parliamentary questions. I know the Minister is a genuine person. We have had a very good debate tonight so far and I believe there is consensus among us all that we need to see change. I hope that we will have that.

I thank Senator Wall for introducing this Bill. I hope we can find a way forward.

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