I 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.