Dáil Éireann Debate, Wednesday - 28 April 2004
69 Mr. Morgan asked the Minister for Social and Family Affairs the progress that she has made on her commitment to have a review carried out of the overall social welfare code regarding the requirements of the Equal Status Act 2000. [11949/04]
Amharc ar fhreagra100 Mr. Eamon Ryan asked the Minister for Social and Family Affairs her position on the views of the chief executive of the Equality Authority that aspects of the Social Welfare (Miscellaneous Provisions) Act may be discriminatory. [12097/04]
Amharc ar fhreagraI propose to take Questions Nos. 69 and 100 together.
In the social welfare code, same-sex couples are treated as individuals, which, in the majority of cases, is to the couple's advantage. For example, where each person of an opposite-sex couple has an entitlement in his or her own right to unemployment assistance, the weekly rate of payment comprises a full rate payment and a qualified adult allowance. A same-sex couple in the same situation is treated as two individuals, and each receives a full rate payment.
The case taken last year by the Equality Authority was on behalf of a same-sex couple where one of the couple had an entitlement to a free travel pass but was refused a "married-type" pass in respect of his partner, in keeping with the definition of a couple used by the Department.
Legal advice received by my Department indicated that, as the Equal Status Act 2000 applies to all non-statutory schemes, including free travel, the failure to award the "married-type" pass would be in breach of that Act, as an opposite-sex cohabiting couple in the same situation would have been awarded the "married-type" pass.
The application of different rules as regards statutory and non-statutory social welfare arrangements would not be sustainable in practice. The amendment included in the Social Welfare (Miscellaneous Provisions) Act 2004 represents an interim solution which restores the position prior to the free travel equality case, which is that for all social welfare arrangements, "a couple" means a married couple or a pair cohabiting as husband and wife.
When I introduced this amendment, I gave a commitment to a fundamental review of the overall social welfare code as regards the requirements of the Equal Status Act 2000, and I regard this as a positive step. The Equality Authority has welcomed this review which will be done in consultation with all interested parties. The review will aim to ensure that difference of treatment on any of the discriminatory grounds set out in the Equal Status Act 2000 can be justified by a legitimate social policy aim and that the means of achieving that are appropriate and necessary.
As the review will examine 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 complete. The review will be based on a framework to be agreed with the Department of Justice, Equality and Law Reform. Its scope and terms of reference and the necessary arrangements for undertaking it will be decided in the coming months.
When does the Minister expect the report to be completed? Has the review begun, as of yet? What level of priority does it have? Is she including NGOs among the lobby groups to be reviewed? I wonder whether the report is not just a way of long-fingering the issue because the Government does not want to deal with the issue of same-sex relationships.
The review has not taken place as yet. We have to set up the terms of reference in consultation with the Department of Justice, Equality and Law Reform and perhaps, the Department of Finance. I offered a number of NGOs the opportunity to participate in the review and that will take place. I gave a commitment to them. I intend to set up this committee to pursue this as quickly as possible. As I indicated heretofore there is currently a consultation document put forward by the Law Reform Commission and I intend to respond to it on the basis of the issues being raised. It is not intended to long-finger the issue. It must be dealt with as quickly as possible. These are issues that need to be addressed without delay. I will address the issue of the social welfare code, but I would prefer to do it in an overall context because there are other issues, as regards taxation, inheritance etc. Those issues equally need to be addressed. As the Deputy knows, my Department has taken a different view, perhaps, to the Revenue Commissioners, on a number of these issues.
The Minister has already referred to some of the aspects about which I wanted to ask. I would like, if possible, more detail in the light of yesterday's report from the Law Reform Commission on co-habiting couples and the fact that there are at least 1,300 couples in same-sex relationships. In view of the reported comments of the chief executive of the Equality Authority and the authority itself, does the Minister accept that what this House has decided as regards the Social Welfare (Miscellaneous Provisions) Act 2004 and the Civil Registration Act 2004 represents an overly cautious approach that runs against many other initiatives the Minister seems to be promoting with regard to defining and promoting what the family means in the Irish society of the 21st century? Will she accept that what we really need to do is revisit the legislation only recently enacted in respect of both those Acts and put forward measures that really reflect what Irish society is now, and how we should progress into the future?
I have not had an opportunity to read all of the document. However, I understand that one of its recommendations is the definition of co-habitation in social welfare legislation to include same-sex couples in relationships. I intend to study the review in detail and to consider it in the light of the Department's work. As I indicated on the Committee and Report Stages of the Social Welfare Bill, this is an interim solution. On the basis of that interim solution I decided to set up a committee to recommend what changes needed to take place. As regards the Civil Registration Act 2004, I do not know whether we are there yet.
There are 1,300 couples. It is an anomalous situation.
There are enormous issues involved. I for one will be cautious on that issue until such time as the people have said to me that this is the way they wish to go. However, there are other issues with regard to the civil registration Act, on co-habiting per se, which may arise from this evaluation. The Law Reform Commission publication will facilitate much of the discussion that will take place here. It will feed into much of the information. Heretofore, we would have had to start off on a blank page. We need to deal with this issue as expeditiously as possible, particularly on the basis of the social welfare code, taxation and some of the justice and equality issues.
I gave a commitment that this would be expedited without delay. There will be enormous complexities and decisions will have to be made but we cannot continue in a vacuum of policy direction. It is on this basis that I decided to facilitate these discussions. As I indicated, the NGOs will be asked to put forward their views as well.
What kind of timeframe does the Minister have in mind?
Between the Presidency and all sorts of matters such as carers and carers' allowances, I have only a certain number of officials to work with. However, it is my intention that during the summer we will have an opportunity to think about the make-up of the committee and the terms of reference.
