John O'Meara & Ors v The Minister for Social Protection, Ireland and The Attorney General (Approved) [2024] IESC 1 (22 January 2024)

John O'Meara & Ors v The Minister for Social Protection, Ireland and The Attorney General (Approved) [2024] IESC 1 (22 January 2024)

The exclusion of long-term cohabiting families from the widow's/widower's contributory pension under the Social Welfare Act 2005 is unconstitutional, as it constitutes overbroad, automatic discrimination contrary to Article 40.1. The constitutional concept of 'family' in Articles 41 and 42 includes non-marital families, especially in light of Article 42A. The precedent in The State (Nicolaou) v. An Bord Uchtála and O'B v. S is overruled insofar as it excludes such families from constitutional protection. The legislative scheme must have due regard to the rights of non-marital families and cannot effect automatic exclusion.

Citation
[2024] IESC 1
Parties
Applicant/appellant: John O'Meara; Applicant/appellant: Jack O'Meara (a minor suing by his father and next friend John O'Meara); Applicant/appellant: Thomas O'Meara (a minor suing by his father and next friend John O'Meara); Applicant/appellant: Aoife O'Meara (a minor suing by his father and next friend John O'Meara); Respondent/respondent: Minister for Social Protection; Respondent/respondent: Ireland; Respondent/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
22 January 2024
Procedural Posture
Constitutional Appeal / Supreme Court Judgment on Direct Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Definition of Family Under Constitution, Equality Before the Law (article 40.1), Discrimination Against Non Marital Families, Social Welfare Entitlements, Overruling Precedent
Constitutional Law Social Welfare Law Family Law Definition of Family Under Constitution Equality Before the Law (article 40.1) Discrimination Against Non Marital Families Social Welfare Entitlements Overruling Precedent

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Parties

John O'Meara

Applicant/appellant

Jack O'Meara (a minor suing by his father and next friend John O'Meara)

Applicant/appellant

Thomas O'Meara (a minor suing by his father and next friend John O'Meara)

Applicant/appellant

Aoife O'Meara (a minor suing by his father and next friend John O'Meara)

Applicant/appellant

Minister for Social Protection

Respondent/respondent

Ireland

Respondent/respondent

The Attorney General

Respondent/respondent

Procedural Posture

Constitutional Appeal / Supreme Court Judgment on Direct Appeal From High Court

Legal Issues

  1. 1 Whether the exclusion of long-term cohabiting families from widow's/widower's contributory pension under the Social Welfare Act 2005 is unconstitutional
  2. 2 Whether 'family' in Article 41 of the Constitution includes non-marital families
  3. 3 Whether the precedent in The State (Nicolaou) v. An Bord Uchtála should be overruled

Ratio Decidendi

The exclusion of long-term cohabiting families from the widow's/widower's contributory pension under the Social Welfare Act 2005 is unconstitutional, as it constitutes overbroad, automatic discrimination contrary to Article 40.1. The constitutional concept of 'family' in Articles 41 and 42 includes non-marital families, especially in light of Article 42A. The precedent in The State (Nicolaou) v. An Bord Uchtála and O'B v. S is overruled insofar as it excludes such families from constitutional protection. The legislative scheme must have due regard to the rights of non-marital families and cannot effect automatic exclusion.

Court Disposition

Appeal allowed

Orders

  • Declaration that the provisions of Chapter 18, Part 2 of the Social Welfare Act 2005 are unconstitutional and contrary to Article 40.1 insofar as they effect an ex-ante, automatic exclusion of long-term cohabiting families from the widow's/widower's contributory pension.
  • Nicolaou and O'B v. S overruled to the extent indicated.