Pauline O'Reilly (Green Party) | Oireachtas source

I extend my deepest sympathies to the O’Meara and Batey family. It is important to remember that all legislation is there to support people in our State. Its ultimate function is to have a scaffolding that ensures that people’s rights are fulfilled. This entire Bill is about equality. That is what it comes down to. I agree it can be challenging within a scaffolding that already exists to fit something else in, but we have to do that.

I am the Vice Chair of the Joint Committee on Gender Equality and I take that responsibility very seriously. There are three recommendations around the Constitution. One is on family status and ensuring that all families are respected in the Constitution. A second is on ensuring that carers of whatever gender are supported and respected under the Constitution. That element of care is also an important point to mention. I have been a solicitor in family law. People who come to a solicitor do not always know their rights under the law. Some do and they force themselves to get married because they know ultimately what will happen. Nobody should be placed in that position.

It is our job to vindicate everybody’s right to the marital status they choose. I do not like using the term “marital status” but that is what is provided for under the Equality Acts. The Minister, Deputy O’Gorman, is doing a review of those Acts, which will be important. We must get the constitutional piece right. I ask the Minister to ensure that is done as quickly as possible. It is a commitment in the programme for Government, which also includes a commitment to ensure that family carers have pension entitlements. The Minister has followed through on that commitment and I understand we will see that in place by 2024. The majority of those who care in the home are not deemed eligible for some family caring entitlements. They cannot be left out because everybody does valuable work, whether they are paid with State contributions or not.

With regard to pension entitlements, what is interesting in law is that cohabitees are seen as equal when it comes to paying things but are not seen as equal when it comes to having entitlements. That is not the fault of the Minister but it is a fault of our law, which is why we have to change it. It is also a fault of our Constitution that did not envisage different types of family. As Senator Buttimer said, we have come a long way in some ways but that is cold comfort at this stage to people who find themselves in the tragic circumstances that I know the O’Meara and Batey families did. They are not the only ones.

The Green Party is very supportive of pushing this legislation through. It has to be done in the correct way so that everybody’s rights are vindicated and we do not find ourselves up against a constitutional challenge or encounter issues with the Equality Acts.

I thank Senator Wall and all of the Labour Party Senators for bringing this Bill forward. It is an issue I feel passionate about and I am hopeful, based on the Minister’s words today, that we will see some action on this matter very soon.