Ciarán Lynch (Cork South Central, Labour)
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Question 90: To ask the Minister for Social and Family Affairs the timeframe envisaged for the completion of his Department's technical review of the entire social welfare code to examine its compatibility with the Equal Status Act 2000; his views on the recommendation of the Law Reform Commission that same sex co-habitants should be treated in the same way as opposite-sex cohabitants for social welfare payments; and if he will make a statement on the matter. [26286/07]

Martin Cullen (Waterford, Fianna Fail)
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The purpose of the review of the social welfare code, which is currently being undertaken in my Department, is to examine its compatibility with the Equal Status Act, 2000 (as amended). The review will examine all 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 that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

A decision was taken that the review would take place in two phases. Phase 1 involved the undertaking of a scoping exercise to establish the most appropriate approach and methodology to carrying out the main review, which would be robust and verifiable. The results of Phase 1 then formed the basis of the terms of reference of the main review. A request for tender for Phase 2 of the main review, issued in April 2007. Consultants were selected to carry out the work in July 2007 and that work has now commenced. The expected completion date for the work is end 2008.

The recommendation of the Law Reform Commission arose from one of two important pieces of work regarding different types of partner relationships and how they should be treated and recognised in Irish society. The first report an 'Options Paper, presented by the Working Group on Domestic Partnership' to the then Tanaiste and Minister for Justice, Equality and Law Reform, focuses on different types of cohabiting relationships, both same and opposite sex, and presents a range of options with regard to giving legal recognition to these relationships. Officials from my Department contributed to the work of this Group.

The second report — the 'Report of the Law Reform Commission on the Rights and Duties of Cohabitants' — makes substantial recommendations for reform of the law concerning cohabitants including both opposite sex or same sex couples who live together.

These reports come at a time of wide public debate on the question of according legal status to cohabitants generally, and same sex couples in particular. The review being carried out in my Department, together with the debate on these reports, will inform future policy development with a view to ensuring that the social welfare system is equitable in addressing the needs of citizens.