Dáil Éireann Debate, Thursday - 1 April 2004
148 Mr. F. McGrath asked the Minister for Social and Family Affairs the reason she enacted an amendment to the social welfare code which will actively discriminate against gay and lesbian couples; and if she will make a statement on the matter. [10333/04]
Amharc ar fhreagraIn the context of a recent case relating to free travel entitlement it emerged that, under the Equal Status Act 2000, a same sex couple must be treated in the same way as an opposite sex couple for the purpose of entitlement to non-statutory schemes such as free travel, electricity allowance and telephone allowance. These allowances are generally granted as an addition to a basic social welfare payment.
In the case of statutory schemes on the other hand, including the main social welfare payment schemes, the same rules do not apply. Under these schemes each of an opposite sex couple has a separate entitlement and they are not subject to the provisions relating to either increases or limitations in requests which apply to same sex couples.
The application of different rules in relation to statutory and non-statutory schemes would not be sustainable in practice. The amendment in question represents an interim solution which maintains the position in relation to the schemes in question.
I have, however, given a commitment to a fundamental review of the overall social welfare code being undertaken in relation to the requirements of the Equal Status Act. This review will be done in consultation with all interested parties. It will examine any differences of treatment on any of the grounds set out in the Equal Status Act 2000, and identify where such differences need to be removed and the wider implications of doing so.
The review will address a number of complex issues, with possible knock on effects to areas outside the social welfare area, and will involve a number of Departments. It will take some time to have the review completed but the necessary arrangements for undertaking the review are now being put in place.
