Paul Murphy (Dublin South West, RISE)
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174. To ask the Minister for Employment Affairs and Social Protection if she intends to address the unequal treatment of surviving cohabiting partners by her Department (details supplied); and if she will make a statement on the matter. [8938/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Widow’s/Widower’s/Surviving Civil Partner’s Contributory Pension (WCP) is paid to the husband, wife, or civil partner of a deceased person, and is a weekly pension, available to those who satisfy the required PRSI contribution conditions, either on his/her own record or on that of the deceased spouse or civil partner, subject to certain criteria.

The legal context governing relationships such as marriage is set out in various Marriage, Civil Partnership and Family Law Acts, and is regulated by the Minister for Justice.

Entering a marriage or civil partnership is a legal act, which confers both rights and obligations on both parties that do not exist in law between cohabiting couples.

On becoming bereaved, widows, widowers and surviving civil partners lose someone who had those legal duties towards them. The social welfare code acknowledges this by providing a pension to them, subject to certain conditions. It was for these reasons that the social welfare supports for widows and widowers were extended to surviving civil partners from January 2011, when the provisions of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 came into force and to same sex spouses under the Marriage Act 2015.

Consequently, any changes to the Widow’s or Widower’s or Surviving Civil Partner’s Pension would have to be considered in the context of wider and more complex issues, such as the status of marriage and cohabitation.

The Citizens Assembly have made some recommendations in relation to Constitutional reform of this area and those issues were considered by the Joint Oireachtas Committee on Gender Equality. I wrote to the Joint Committee in November 2022 seeking its views on this issue in the context of the Citizen’s Assembly’s recommendations.

A Private Members' Bill is at second stage in Seanad Eireann. The Bill seeks the award of a pension to a surviving cohabitant, in the same manner as a widow, widower or surviving civil partner receives a pension on the death of a spouse or partner.

A timed amendment to the Motion that the Bill be read for a second time has allowed 12 months for, amongst other things, a comprehensive consideration of the implications of the Bill through engagement and consultation with other relevant Departments and the Attorney General and an examination and response to the report of the Joint Oireachtas Committee on Gender Equality and its recommendations, including any proposals for Constitutional reform.

I hope this clarifies the matter for the Deputy.