Equality Authority concerned at Amendment to Social Welfare Bill – Legislating to Discriminate
The Department of Social and Family Affairs are seeking an amendment to the Social Welfare (Miscellaneous) Provision Bill 2004. This amendment concerns the definition of ‘spouse’ and has the effect of limiting the definition of ‘spouse’ and ‘couple’ to a married couple and to an opposite sex cohabiting couple in both the statutory and non-statutory schemes administered by the Department of Social and Family Affairs.
This amendment is being sought in response to a case supported by the Equality Authority last year. This case was taken in relation to a same sex couple where one partner who had a free travel pass had been refused a free travel pass for his partner. This refusal was in a context where both partners in married and cohabiting couples were eligible for the pass once one of the partners become eligible. The case was settled by the Department of Social and Family Affairs on foot of legal advice that the refusal was in breach of the Equal Status Act 2000 on the sexual orientation ground.
In amending the Social Welfare legislation, the Department of Social and Family Affairs seeks to avail of an exemption in the Equal Status Act. Section 14 of the Equal Status Act 2000 exempts any action required by another enactment from the protection of the Equal Status Act. In effect the amendment being introduced to the Social Welfare (Miscellaneous) Provisions Bill will allow the Department of Social and Family Affairs to discriminate against same sex couples in relation to a range of non-statutory schemes including the Free Travel Scheme.
Niall Crowley, Chief Executive Officer of the Equality Authority, expressed “concern at the decision of the Department of Social and Family Affairs to amend the Social Welfare Bill. This marks a significant reversal in the work to create a more equal society for gay and lesbian people. The early settlement of the case by the Department of Social and Family Affairs had reflected a valuable recognition for same sex couples. This has now been reversed. The claimant now stands to lose his bus pass”.
He highlighted “the problems posed by Section 14 of the Equal Status Act. This exemption allows discrimination by legislation. It means that there is a greater level of obligation on the private sector than on the public sector to combat discrimination against customers from the nine grounds covered by the Equal Status Act. This is at odds with the reality that public sector services have a significant impact on the quality of life for people across the nine grounds”.
He expressed “the hope that even at this late stage the Department of Social and Family Affairs would reconsider their approach to this amendment” and added that “ultimately these issues need to be resolved by developing partnership rights that would give a legal recognition to same sex couples and that would ensure access to the same rights as heterosexual couples”.
Ends