The Irish Human Rights and Equality Commission (the ‘Commission’) has been granted leave by the High Court to exercise its amicus curiae (‘friend of the court’) function in a case that examines the exclusion of an unmarried partner from the receipt of a benefit under the Civil Service Widows’ and Children’s Contributory Pension Scheme (the ‘Pension Scheme’).
The case of Jones v Minister for Public Expenditure, National Development Plan Delivery and Reform, Ireland and the Attorney General arises after Mr Jones was refused the benefit of his late partner’s civil service pension. The couple lived together for almost 25 years until the death of Mr Jones’ partner in April 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”.
The case raises important human rights and equality issues, and requires consideration of constitutional and EU law.
Having been joined as amicus curiae in this case, the Commission in its submissions will seek to assist the Court with reference to national and international case law in this area, including the recent Supreme Court case of O’Meara v Minister for Social Protection delivered last year.
Liam Herrick, the Chief Commissioner stated:
“This case is important in examining the right to equal treatment as between married and unmarried partners under Irish and EU law. This case is not only of importance to the plaintiff, but also to many unmarried partners in Ireland.”