I propose to take Question Nos. 162 and 375 together.
In the case referred to by the Deputy, a claim was made for a Qualified Adult Allowance (QAA) on an Invalidity Pension in respect of the claimant's partner. The application for a QAA was refused as social welfare legislation does not provide for the payment of the QAA to same-sex partners. The decision to disallow payment of the QAA was appealed to the Social Welfare Appeals Office and the appeal was disallowed in July 2005.
My Department was advised in May 2006 by the Equality Tribunal that the Equality Authority had referred a complaint under the Equal Status Acts to the Tribunal. The Equality Authority, on behalf of the complainant, submitted that in not paying the QAA, the Department was discriminating under the Equal Status Acts on three of the prohibited grounds namely gender, marital status and sexual orientation. Having considered the issues, and in particular the complainant's personal circumstances, I decided, with the consent of the Government, that an ex-gratia payment should be made in this case provided the standard criteria were met. Because of the particular circumstances involved I saw this as a situation that needed to be dealt with in this way, while at the same time being mindful of not creating any legal precedent.
At the same time, I and indeed the Government recognise that this case raises broader policy and societal issues. In this regard considerable work is currently being carried out. In my own Department a review of the entire social welfare code is being undertaken to examine its compatibility with the Equal Status Act (2000), as amended.
The Department of Justice, Equality and Law Reform have established a Working Group with a view to presenting an Options Paper on Domestic Partnership to the Minister for Justice, Equality & Law Reform. The consideration of various options for providing recognition for same sex couples is a central part of the work of this group, which is due to be completed later this year. Officials from my Department are contributing to the work of this Group.