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Seanad
‹ Order of Business

Pensions equality and judicial appointments

Summary

Senator Bacik sought to reorder business to take her pensions equality Bill and then called for a debate on judicial appointments and delays in judicial vacancies. The Chair clarified her proposal and acknowledged the point.

I ask the Leader to amend the Order of Business to introduce a new Bill which I drafted with my Labour Party colleagues, the Pensions (Equal Pension Treatment in Occupational Benefit Scheme) (Amendment) Bill 2016. I know that my colleague, Senator David Norris, will be seconding the amendment. The Bill aims to do the same thing that the Senator's proposed amendment to the Finance Bill sought to do yesterday - to address ongoing discrimination against LGBT employees in pension schemes which required that they be married or enter into civil partnership before a specific date in order for their partners to qualify for survivor's benefit. This arises from a case taken by David Parris against Trinity College Dublin which is before the European Court of Justice. Just a week ago Mr. Parris, unfortunately, lost the case, but there is nothing in European law to stop us from introducing in domestic law a provision to ensure people will not be discriminated against just because they could not enter a legal marriage before a particular date. This is ongoing discrimination. Even after the great result in the marriage equality referendum in 2015, we still see people who, like Mr. Parris, could not have entered a legal marriage or a civil partnership before the necessary date, in his case, the date of his 60th birthday, in order to achieve certain benefits and entitlements under the occupational pensions scheme. The Bill would only affect a small number of people, but it would address a very serious continuing issue of discrimination for the people affected. As I said, Senator David Norris sought to address this issue by way of an amendment to the Finance Bill. This is an alternative way to address it, namely, by introducing a Bill which would amend the pensions legislation to ensure people in Mr. Parris's position would not suffer ongoing discrimination.

This is in tandem with the Bill Senator Gerald Nash introduced this week to solve the problem of individuals in having offences on their record for acts that were decriminalised in 1993, after the decriminalisation of homosexuality. People are still suffering a chilling effect. This has been a huge issue in Britain and Senator Gerald Nash has called for an amnesty or pardon for the people concerned to have their convictions effectively struck from the record, given that intercourse was no longer criminalised after 1993.

Will the Leader organise a debate on judicial appointments in the light of the comments-----

Comment on this
Denis O'Donovan An Cathaoirleach Fianna Fáil

I take it the Senator is proposing is that No. 12 be taken before No. 1.

Comment on this

Yes, that is what I should have said. I thank the Leader if he is willing to exceed to that request.

I would like to have a debate on judicial appointments in the light of the comments made by the chairperson of Free Legal Advice Centres, FLAC, Mr. Peter Ward, about the Minister for Transport, Tourism and Sport, Deputy Shane Ross's, highly critical comments on the Judiciary, pointing to very serious issues surrounding the encroachment of the Executive on the powers of the Judiciary. There has been a serious delay in the appointment of further judges and, as a result, there are delays in people accessing the legal system. FLAC has a really proud record of standing for the rights of individuals and their access to the courts, notably in the case of Dr. Lydia Foy, whose litigation ultimately led to the passing of the Gender Recognition Act 2015.

I wish T. K. Whitaker a very happy 100th birthday. I note his enormous service to the State.

Comment on this
Denis O'Donovan An Cathaoirleach Fianna Fáil

We all join the Senator in doing so.

Comment on this