Amendment No. 1 is in the name of the Minister, amendments Nos. 2 to 6, inclusive, are cognate and it is suggested that they be taken together.
Private Members' Business. - Social Welfare (No. 2) Bill, 1995: Report and Final Stages.
I move amendment No. 1:
In page 3, line 34, before "spouse" to insert "that last".
During the Committee Stage debate last week the Minister agreed to a request from Deputy Keogh to have the definition of spouse contained in section 3 reviewed by the Attorney General to ensure that it will enable survivor's pension to be paid to the legal spouse of the deceased and any former spouse, subject to their satisfying the conditions for entitlement. The definition contained in section 3, as initiated, provides that the spouse, in relation to a survivor who has been married more than once, refers only to the survivor's last spouse and for this purpose "spouse" shall be construed as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State. Opposition Deputies suggested that this definition should be amended to read "parties to marriages that have been dissolved being dissolutions that are recognised as valid in the State".
The Minister had that definition reviewed by the Attorney General, as promised, and he confirmed that the definition as it stands is correct. He considers that in order to clarify the intention of the definition, the words "that last" be inserted in the definition so that it would read as follows "spouse in relation to a survivor who has been married more than once refers only to the survivor's last spouse and for that purpose that last spouse shall be construed as including a party to a marriage that has been dissolved being a dissolution that is recognised as valid in the State". I propose to amend section 10 (3) as advised by the Attorney General.
A similar construction is contained in five other provisions of the Bill and I propose that similar amendments should be made to those provisions.
Amendment agreed to.
I move amendment No. 2:
In page 4, line 9, before "spouse" to insert "that last".
Amendment agreed to.
I move amendment No. 3:
"In page 5, line 5, before "husband" to insert "that last".
Amendment agreed to.
I move amendment No. 4:
In page 5, line 15, before "husband" to insert "that last".
Amendment agreed to.
I move amendment No. 5:
In page 5, line 44, before "husband" to insert "that last".
Amendment agreed to.
I move amendment No. 6:
In page 6, line 13, before "husband" to insert "that last".
Amendment agreed to.
Bill received for final consideration.
Question proposed: "That the Bill do now pass."
On behalf of the Minister for Social Welfare I express my appreciation to all the Deputies who participated in Second and Committee Stage debates. We had a constructive and, at times, a lively debate on the Bill. I believe it is recognised across the House that this is important legislation and its effect will be to ensure that following divorce, people in receipt of social welfare payments will continue to receive them. The net effect of the Bill will mean that people's social welfare entitlements are protected and continue to be paid following a divorce.
I am entirely dissatisfied with the amount of information we received and at this insulting way we were treated when we sought additional information.
Is that the best the Deputy can do?
I am glad the Minister of State replaced the Minister. I know he is anxious to replace him in many other fields of activity, but at least we got civility and some information from him. The degree of muddying on a matter of such importance is unfortunate.
We support the Bill as a minimum measure.
Question put and agreed to.