Dáil Éireann Debate, Friday - 16 September 2016
739. Deputy Clare Daly asked the Minister for Social Protection if he will review and amend the situation regarding entitlements for bereaved partners in cohabiting couples in view of the Northern Ireland High Court ruling on 9 February 2016 (details supplied). [25461/16]
View answerIn the first instance, it should be noted that rulings of courts in other jurisdictions, such as the United Kingdom, regarding their domestic legislation, do not impact upon the laws in this State. However, the policy implications of such cases may be considered, if they are relevant.
Simply put, the Court found that a payment related to co-raising children (in this case, the Widowed Parent’s Allowance) should not be subject to a condition related to marriage, whereas a payment with no such child-related criterion (such as Bereavement payment) could lawfully be restricted to couples which had either married or entered a civil partnership.
As I have stated, UK courts have no jurisdiction over Irish legislation. However, even if they did, the ruling in this case would not impact upon the Irish benefits provided by this State, such as Widows Contributory Pension, as this payment does not relate to the co-raising of children. Indeed over 90% of recipients do not have dependent children. The ruling recognised the right of the UK parliament to limit other UK benefits to people who had been married or in a civil partnership, where supporting the raising of children was not the primary purpose of the payment.
I have no plans to review or change the eligibility criteria for bereavement-related benefits at this time as suggested by the Deputy.
I hope this clarifies the matter for the Deputy.
