Role for IHREC in civil-service pension case
The High Court has granted the Irish Human Rights and Equality Commission (IHREC) leave 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 case of Jones v Minister for Public Expenditure, National Development Plan Delivery and Reform, Ireland and the Attorney General arises after the plaintiff was refused the benefit of his late partner’s civil-service pension.
The couple lived together for almost 25 years until the death of his partner in April 2022.
2010 act
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 payable only to a “spouse” or “civil partner”.
IHREC says that the case raises important human-rights and equality issues, and requires consideration of constitutional and EU law.
‘Right to equal treatment’
It adds that 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.
Chief commissioner Liam Herrick said that the case was important in examining the right to equal treatment for 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,” he added.