Robert Troy (Longford-Westmeath, Fianna Fail)
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161. To ask the Minister for Employment Affairs and Social Protection if she has advanced plans to ensure that people who are eligible on the basis of a common law marriage to apply for widows payments, further to a Supreme Court decision (details supplied). [30057/24]

Michael Healy-Rae (Kerry, Independent)
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169. To ask the Minister for Employment Affairs and Social Protection the status of a widow’s pension (details supplied); and if she will make a statement on the matter. [30149/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 161 and 169 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.

On 18th June, I obtained Government approval for the priority drafting of the legislative changes required to respond to the Supreme Court decision. The General Scheme of a Bill has been referred to the Office of Parliamentary Counsel for priority drafting, and the General Scheme is now in the process of going through Pre-legislative Scrutiny with the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands.

My 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 Deputies.