Cian O'Callaghan (Dublin Bay North, Social Democrats)
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187. To ask the Minister for Employment Affairs and Social Protection if, noting the recent judgement given by the Supreme Court in respect to surviving cohabitants and their children, in relation to the access to the widow’s, widower’s and surviving civil partner’s contributory pension, the legislative amendments required are underway; and if she will make a statement on the matter. [27650/24]

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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188. To ask the Minister for Employment Affairs and Social Protection if she will outline, noting the recent judgement given by the Supreme Court in respect to surviving cohabitants and their children, in relation to access to the widow’s, widower’s and surviving civil partner’s contributory pension, when the legislative changes will be brought forward by her Department and the Attorney General; and if she will make a statement on the matter. [27651/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 187 and 188 together.

Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership.

On Monday 22nd January, the Supreme Court delivered its judgment in relation to the entitlement of an unmarried cohabitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.

In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.

My officials, in conjunction with the Office of the Attorney General have been considering the measures necessary to respond to the Supreme Court judgment. The judgment raised a number of complex issues, and my officials have been developing the draft legislative changes that are required to implement the decision.

Last week, I obtained Government approval for the priority drafting of the legislative changes required to respond to the Supreme Court decision and for the publication of the General Scheme of a Bill and its referral to the Joint Oireachtas Committee for Pre-legislative Scrutiny. Officials in the Department of Social Protection will now work closely with the Office of Parliamentary Counsel to finalise this legislation and I intend to introduce the legislation to Oireachtas as soon as possible.

I trust this clarifies the matter for the Deputy.