Bernard Durkan (Kildare North, Fine Gael)
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244. To ask the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 714 of 29 September 2017, if the matter could now be further investigated in view of the applicability of the common travel area and particularly having regard to the fact that the persons could not have remarried without presenting a copy of the decree absolute in a person's (details supplied) first marriage; and if she will make a statement on the matter. [44424/17]

Regina Doherty (Meath East, Fine Gael)
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In order to qualify for a widow(er)’s or surviving civil partner’s (contributory) pension, the surviving spouse must be deemed, under Irish State Law, to be the legal widower of the deceased. The person concerned was previously married in Ireland and subsequently divorced in Northern Ireland. Where a divorce has been granted in another jurisdiction, including Northern Ireland, legal recognition of this divorce under Irish law is examined. The common travel area that exists between Ireland and United Kingdom has no bearing on the recognition of a divorce outside the jurisdiction of the State.

Legal recognition of foreign divorce in Ireland is a complex area of law involving proof of domicile in a country where the divorce has been granted. The provisions pertaining to the recognition of divorce outside the State are set out in Section 5 of the Domicile and Recognition of Foreign Divorces Act, 1986.

The person concerned has been afforded the opportunity to provide evidence that would demonstrate that either party to the first marriage was domiciled in Northern Ireland, at the time divorce proceedings were initiated. As no response has been received from the person concerned, a decision will now be made based on the information available. The person concerned will be notified of the deciding officer’s decision in writing.

If the person concerned is not satisfied with the decision of the deciding officer, they may appeal the decision to the independent Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier St., Dublin 2.

I hope this clarifies the matter for the Deputy.