Liam Herrick

As reported in Irish Legal News today, Mr Justice Cian Ferriter held that the failure of the Civil Service Spouses’ and Children’s Contributory Pension Scheme to provide an unmarried cohabitee with a spouses’ pension is incompatible with Article 40.1 of the Constitution.

He determined that the statutory objective of the scheme is to provide a benefit to a surviving life partner to meet the financial support which would have been provided by the member when alive, and for that purpose, “there is no difference in social function between a surviving spouse/civil partner and a surviving qualified cohabitant of the member”.

The Irish Human Rights and Equality Commission appeared as amicus curiae in the proceedings.

Liam Herrick, chief commissioner of the Irish Human Rights and Equality Commission, said: “This judgment is an important affirmation of the constitutional principle of equality before the law.

“The court found here that there is no difference in social function between a surviving spouse/civil partner and a surviving qualified cohabitant for the purposes of accessing the Civil Service Spouses’ and Children’s Contributory Pension Scheme.

“The Commission welcomes the clarity this judgment provides on the equal treatment of families and partners in Irish law.”