Tony Gregory (Dublin Central, Independent)
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Question 269: To ask the Minister for Social and Family Affairs the reason the gender bias in Statutory Instrument No. 198 of 1974 was reversed and not neutralised; and if he will make a statement on the matter. [33770/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The relevant legislation provides for payment of child benefit to one parent for the benefit of a child or children, where the mother has priority in determining which of the two parents receives the benefit.

Prior to 1974, child benefit could be paid directly to a child's mother only on the basis of the father's agreement and signature, which was the case in 80% of payments.

The existing arrangement, whereby child benefit is generally paid to the mother, was introduced on foot of a recommendation of the first Commission on the Status of Women (1972). This approach has subsequently been supported in a number of reports, including the Second Commission on the Status of Women.

My Department is carrying out at present a technical review of the entire social welfare code to examine its compatibility with the Equal Status Act, 2000 (as amended).

The review will examine the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. It will identify any instances of direct or indirect discrimination, on any of the nine grounds under the Act, including: gender, marital status and family status that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

This work is being carried out in two phases. Phase 1 involves a scoping exercise to establish the most appropriate approach and methodology to carrying out the main review. This work has now been completed and the main review is due to commence at the start of 2007.

The legislation governing the payment of child benefit will be included in this review.