The Irish Human Rights and Equality Commission (the “Commission”) appeared before the High Court this week as amicus curiae (or a ‘friend of the court’) at a hearing in the case of Jones v Minister for Public Expenditure, National Development Plan Delivery and Reform, Ireland and the Attorney General.
This case concerns a challenge by Mr Jones of the decision of the Minister to refuse him the benefit of his late partner’s civil service pension under the Civil Service Spouses' and Children's Contributory Pension Scheme. The couple lived together for almost 25 years until the death of Mr Jones’ partner in 2022.
Mr Jones was informed that the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 did not provide an entitlement to a spousal pension for cohabitees who were not married or in civil partnerships. The State’s position is that the public service pension is only payable to a “spouse” or “civil partner”.
In its legal submissions to the High Court, published today, the Commission stated that “the exclusion of qualified cohabitants such as the Applicant from the spouse's pension under the Scheme runs contrary to the guarantee of equality in Article 40.1 of the Constitution”.
Judgment in the case has been reserved by Mr Justice Ferriter.
The power to apply to the High Court, Court of Appeal or the Supreme Court for permission to appear as amicus curiae is an important legal power of the Commission, as set out in Irish Human Rights and Equality Commission Act 2014. It allows the Commission to address the court in a non-partisan role on issues concerning human rights and equality that have wider consequences for society in general.
Chief Commissioner Liam Herrick said:
“This case highlights the need for equal treatment of qualified cohabitants under Irish law. Many people in Ireland build long-term, committed relationships outside of marriage or civil partnership, and the law must ensure they are not left without protection.
The outcome of this case will have real meaning for many families across the country. Our role as amicus curiae is to help the Court consider the wider human rights and equality issues at stake, and to ensure that committed relationships are treated with fairness and dignity.”