Almost 30 years ago, I was threatened with prison by SPUC (Society for the Protection of Unborn Children). It was September 1989. I was president of Trinity College Dublin Students’ Union (TCDSU), and SPUC were seeking to imprison our four TCDSU sabbatical officers for providing information on abortion in our students’ union handbooks during Freshers’ Week.
A few years previously, the 1983 Eighth Amendment had been passed, equating the lives of “mother” and “unborn”.
Senator Ivana Bacik: I move: "That the Bill be now read a Second Time." I am delighted to be here to propose this Bill. I welcome the Minister for Social Protection, Deputy Leo Varadkar, to the House. I have received an indication from the Government that it will not be opposing this Bill on Second Stage. I am very grateful for and delighted about that news. I acknowledge the presence in the Visitors Gallery of Dr. David Parris and Mr. Gerhard Scully and I thank them for being here to support the Bill and for their bravery and courage in raising publicly the important equality issue it seeks to address. The Bill is the Pensions (Equal Pension Treatment in Occupational Benefit Scheme) (Amendment) Bill 2016. I am delighted to be proposing it on behalf of Labour Party Senators. My colleague, Senator Ged Nash, will be seconding it and Senator Kevin Humphreys will be speaking on it. We are putting it forward as a Labour Party Private Members' Bill. We acknowledge the legal expertise and help provided on the Bill by our drafter, Mr. Finbarr O'Malley, and also by Professor Robert Wintemute of King's College, London, who has given us some very important legal input on the Bill. I also acknowledge the support of Ms Marguerite Bolger, senior counsel, who acted in the legal case that forms the impetus for the Bill. Let me outline the background to the Bill. It seeks to address the very small number of cases in which retired employees who, because of their sexual orientation, were not legally permitted to marry the person they desired to marry before a particular date were deprived of certain pension or survivor benefits as a result. It was drafted, as I have said, in response to a particular case which I know the Minister is aware of, namely, the case of David Parris v. Trinity College Dublin before the European Court of Justice. Judgment was given on 24 November 2016. In that case, David Parris had argued that the Trinity pension scheme was discriminatory as it provided that a Trinity employee's partner would only be entitled to a survivor's pension where the employee had married or entered a civil partnership before reaching the age of 60. The Bill seeks to address the issue that arose in that case. It will provide that if a pension scheme makes a survivor's pension entitlement dependent on the employee having married or entered civil partnership before a certain age, this would breach the principle of equal pension treatment on the sexual orientation ground where the reason the employee did not comply with the requirement was because he or she was legally incapable of marrying prior to the entry into force of civil partnership law.
Before I turn to the provisions of the Bill I will outline the facts of the Parris case in a little more detail. The applicant had been living for over 30 years in a stable relationship with his partner. His employer's pension scheme provided for the payment of a survivor's pension to the spouse or civil partner of a member. However, the survivor's pension was payable only if the member had married or entered into a civil partnership before reaching the age of 60.
This Bill seeks to address the small number of cases where retired employees who were legally not permitted to marry persons of the same sex before a particular date may be deprived of certain pension benefits.
Senator Ivana Bacik today welcomed confirmation from the Tánaiste that Ireland will admit an additional 260 Syrian refugees for resettlement here by autumn 2016, but criticised the delay in admission of refugees from Syria under the government’s resettlement programme to date.
Speaking this morning in the Seanad, Senator Ivana Bacik called for an urgent response from the Taoiseach and the Government to the ruling last week by the UN Human Rights Committee that Ireland had breached the rights of the applicant Amanda Mellet due to the prohibition in Irish law of termination of pregnancy under the Eighth Amendment, even in cases of fatal foetal abnormality.
Commending Amanda Mellet and the Termination for Medical Reasons group for their courage in taking their application to the UN and in raising the issue of fatal foetal abnormality, Senator Bacik said:
Trinity College Dublin organised an event last week 'Meet the Candidates', where all 16 #TCDSeanadElection candidates were given 4 minutes each to speak to the audience. It was also live streamed on Periscoope TV for anyone who couldn't make it.
I took the opportunity to run through my Trinity life, my legal career and my Seanad record. Here are my 4 minutes - #VoteIvanaBacik No.1