Maman Poulet

Minister for Social And Family Affairs, Mary Hanafin, told reporters on Friday that the Department is engaged in an equality review of the social welfare code.

Ian in the comments poses the question…

Is this the review announced by Coughlan in 2004?

“As I outlined, a key objective of the Bill is to remove the difference between the statutory and administrative schemes in the treatment of couples. Sections 18 and 19, which define “spouse” for the purposes of both scheme types, are designed to restore the position which obtained before the decision in the free travel case I mentioned earlier. I stress that the measure is an interim solution, pending an extensive review of the social welfare code in the context of the principles of the equal status legislation. The purpose of the review will be to ensure that any difference of treatment on any of the discriminatory grounds are justified by a legitimate social policy objective and that the means of achieving that objective are necessary and appropriate. It is expected that the review will take some years to complete, as it will examine complex issues with potential implications for matters outside the scope of the social welfare code. The review will be conducted in consultation with interested parties, including other Departments. The proposed format will be agreed with the Department of Justice, Equality and Law Reform.”

http://debates.oireachtas.ie/DDebate.aspx?F=SEN20040323.xml&Page=1&Ex=236#N236

Or did the review only start in 2007?

http://www.welfare.ie/equalityreview.html

More information on the review in the next few days including submissions from NGO’s and others and expected completion dates etc.

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Minister for Social and Family Affairs, Mary Hanafin was doorstepped today by Newstalk (link to print version of their report is no longer available) about the Free Travel Pass issue following the publication of that article in the Irish Independent.

As in the responses to other outlets she confirmed that the social welfare code was currently under review and indicated that there may be changes to the issues concerning the free travel pass. I am aware that she has been contacted by letter and email by several individuals and I would be interested in hearing about the replies.

I am not sure if this review is a general equality review or one specific to those in same sex relationships. If it is the former surely the Department would have realised that the Social Welfare Consolidation Act 2004 was not in line with government policy on equality proofing given that Equality legislation was 4 years old at that stage.

Update: Today’s Irish Times now also reports on the review and confirms that it is a full equality review that is taking place.

The Irish Council for Civil Liberties are quoted as saying that Iarnród Éireann are “profiteering from a licence to discriminate issued by the Department of Social and Family Affairs”. (See press release from the ICCL here).

Ouch, that’s what you get when the Manager for Revenue Protection signs a confidential notice I suppose!

So anyone got other signs they’d like Michael to take a picture of, pass around and get us all angry about??

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If you know me outside of reading my blog you might realise (I hope) that I’m not precious about the blog. I’m just into blogging, social media, the odd bit of armchair activism and having a bit of craic. I like it when any blog breaks a bit of news or does something new, I’ve helped run a conference on blogging and have sat down with people who want to start a blog and given them some (feeble) advice. I have a job and a life outside the blog, I don’t do this shite for money or fame but I do hope that bloggers get attribution for the digging and hours and talent and fun.

This week has been busy on the blog front and a lot of fun with a bit of traffic thrown in. I did an interview earlier in the week with the Irish Independent regarding the Travel Pass story, the journalist explicitly said they had seen the story on the blog, and as requested I sent them the images I had received and provided them with additional quotes. They also covered the Sarah Palin story and published it yesterday. There was a name check and a reference to it sourcing on a blog - grand thought I, maybe they are changing their spots on referencing stuff to the blogosphere.

However today they had a substantial story on the Travel Pass with additional reporting but no attribution to this or any blog as to the source of the story.

Fuck ye lads - Independent Newspapers spend an awful lot of time surfing this blog and other blogs looking for stories - I wave at you when I’m taking a look at my stats and spot your IP address. Any day there’s a Michael Lynn story about you are on in your droves. Last year there was regular non attribution of items gained from blogs during the General Election. It became a running joke.

I know Gavin O’Reilly can’t stand us or any form of user generated content - is this why there’s such a problem admitting where you get your stuff? It’s time you were publicly called on it and your cards marked.

I’m really sorry that the other freelancer who was in touch with me regarding a piece won’t get published now - he was very genuine and conscious of the fact that I and other bloggers had been badly treated before.

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How I will survive the next 8 weeks of US politics…. Jon Stewart and the Daily Show - Monday - Friday on More 4 at 8.30pm. (They are also blogging here). Other suggestions for inclusion in the kit are welcome in the comments!

And for those that might think that all things anti-Palin are sexist, Jon has a few reminders.

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Leo Varadkar has recently returned from a period of voluntary work in Mongolia with VSO. (Senator Dominic Hannigan also went and blogged about it in detail.) I’m not sure how Leo got on during his stint but maybe he needs a longer trip away.

In fact I would hereby like to commence a campaign to repatriate Leo to Mongolia following his comments to FAS today in a Dáil committee seeking a scheme of voluntary repatriation for unemployed foreign workers. He might take Brian ‘Segregation’ Hayes with him.

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I was right. Vice Presidential Nominee, Sarah Palin, stopped over in Shannon Airport, there was no Gubernatorial visit to Ireland. (My original post here)

Oops…

Woman’s intuition - something McCain was looking for (ok maybe he just wanted a woman), didn’t have himself (no vetting done!) and won’t be finding in Alaska.

More on this at the Huffington Post.

Update…

Someone should have told the McCain-Palin Campaign Communication Director though. Jill Hazelbaker can be heard struggling to remember all the countries that Palin has visited. The campaign contacted NPR later to add Ireland to the list.

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… and they say that they are enforcing the law in not allowing them access to travel.

I have received responses from Barry Kenny in Iarnród Éireann in relation to the post on the enforcement on the ban on use of the Free travel pass by same sex couples.

The first response

Iarnród Éireann, in common with other public transport providers, are obliged to ensure the terms of the Free Travel Scheme as set out by the Department of Social and Family Affairs are adhered to.  As you correctly allude to in your post, the DSFA pays for free travel, and therefore it is the authority which sets the parameters of who is and who is not entitled to free travel.  To ensure we remain within these parameters, we would always ensure that our staff are aware of the current provisions as they apply.  The notice in question is a direct copy of the terms and conditions of the travel scheme that we are obliged to operate for the DSFA, and is posted in the interior of a ticket checkers booth in Heuston Station.

I would advise therefore that any issue you have with these provisions be addressed to the DSFA.

I responded by indicating that it was the enforcement of the law and the points contained in my original post that I was interested in and I outlined them again.

What follows below is Barry Kenny’s response on behalf of the company. My questions are in italics and his repsonses are in bold print.

Have you any incidence of same sex couples attempting travel on one of these passes since 2004 and committing revenue offences?

Yes, there have been a number of such instances.

What training staff have in dealing with the matter should someone attempt to be accompanied by someone of the same gender on their travel pass?

Staff are trained to be aware of the relevant ticketing / passes required.  No specific training is required in relation to this issue.

Have Iarnród Éireann considered reporting on the effects of this scheme on lesbians and gay men to the various Government departments involved as part of the company’s equality mandate.

This is a matter of national policy for the DSFA.

What about the person who did get a pass for his partner in the settlement of his case versus the Department of Social and Family Affairs in 2003 - is he safe to take the train?? Or will a ticket checker armed with this notice stop him the next time he sees him try to use the pass that he was rightfully granted.

If the pass is granted as part of a settlement between the DSFA and their client, we will of course honour the entitlement – as stated previously, the DSFA issue facilities and decree who can and cannot benefit.

Finally I assume from your previous response that the notice will remain on display viewable by the public?. Do Iarnród Éireann intend to do any public campaigns advising on the use of and eligibility to Free Travel Passes?

The notice will remain in the staff area.  DSFA is responsible for ensuring all pass holders are aware of the provisions of the scheme.

So there we have it - people are being stopped from travelling because they have been found to be wanting to be treated equally.

I know all about the law and know what needs to be done to change the law. But what really stands out to me is the fact that there are couples out there who are trying to live their lives and enforce equality and there’s a notice in a ticket checkers kiosk in Heuston that tells staff to make sure they can’t get on the train like their married neighbours and heterosexual unmarried couple cohorts can.  It’s not just the law that’s offensive but I don’t think Iarnród Éireann see the offence.

It might be time to take a train….

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Irish Rail staff are being advised in the art of enforcing heterosexuality in regards to the pursuit of free travel in the state. In fact you could call them the Travel Stasi for then Minister Mary Coughlan and the current Minister for Social and Family Affairs Mary Hanafin.

Some background

In 2001 a gay pensioner applied for a free travel pass - a companion pass which would allow free travel for himself and for his partner. He was refused and enlisted the assistance of the Equality Authority. Passes were awarded to people who were married or cohabiting as married. In 2003 the case was settled, as the regulations were not specific enough the travel pass was granted and each man was awarded €1500 in compensation.

The Department accepted that the Free Travel Pass Scheme, insofar as it did not extend benefits to same-sex and opposite-sex co-habiting couples on an equal basis, was not in conformity with the provisions of the Equal Status Act, 2000. It withdrew formally its letter of 7/11/01 in which it set out reasons for refusing the applicant’s application.

However Mary Coughlan who was then the Minister responsible wasn’t having any of it. This ruling would open the doors to all sorts of rights for same sex couples to access social welfare benefits. She needed to redefine what a spouse was - and to her that was a person of the opposite gender. To quash this sort of thing she introduced the Social Welfare Amendment Act 2004 to the annoyance of lesbians and gay men and the Equality Authority.

This document from a coalition of NGO’s, the Equality Coalition and published by the Irish Council of Civil Liberties outlines the depth of concern at the passing of the legislation which was the one of the first pieces of legislation on the statute books which enforced discrimination. *

Roll on to today when this notice was spotted in Heuston Station in a ticket checker’s cabin.

The confidential document is laminated and on display and signed by the Manager for Revenue Protection for Irish Rail and was issued on 27th January 2008. (Irish Rail is paid by the Government for each free travel pass issued.)

The first section concerns instruction to staff on the use of photo identification for free travel passes.

The second part of the notice is of interest to us :-

Please also note information from The Department of Social Welfare and Community affairs [sic] states that

From the 25th September 2004

Same sex couples are not entitled to a “married/Partner” type travel pass. Only named persons that have signed the rear of the pass and that are of a different gender are entitled to use the pass.

Earlier in the document there is an instruction on the confiscation of passes where lack of the photo identification is concerned. I assume this would apply to a person who tried to use a companion pass to bring a same sex companion with them.

There is no information from Irish Rail’s Manager of Revenue Protection on how someone using the pass should be identified - it’s a simple matter of gender seemingly.

So there you have it - from this notice it seems that Irish Rail are on the look out for older lesbians and gay men who might be using travel passes fraudulently with their partners.

I’m emailing Barry Kenny, the head of communications in Irish Rail and seeking a response on how such a document came about. I will be asking about the incidence of gay couples traveling and committing revenue offences against Irish Rail and what training staff have in dealing with the matter.

I would like to know why this notice is available for the public to see? Have Irish Rail reported on the effects of this scheme on lesbians and gay men to the various departments involved as they are a company that promotes equality for their staff and stands up against racist harrassment of staff and passengers and tries to make their services accessible for disabled people.

The fact that older lesbians and gay men can’t bring their partner on a journey with them stinks as it is without it being waved in their faces.

And what about the person who did get a pass for his partner - is he safe to take the train?? Or will a ticket checker armed with this notice stop him the next time he sees him try to use the pass that he was rightfully granted.

By the by if you are gay and work for Irish Rail you can get free travel for your partner after a certain number of years - ok it’s a different scheme and an employment benefit but it sticks in the throat a bit!

*(The Heads of Bill released this year by the Department of Justice, Equality and Law Reform in relation to civil partnership do not cover social welfare so it does not look like this situation in relation to free travel will be changed any time soon…)

Many thanks to M.E. for the photos of the confidential notices that he found easily on display in Heuston Station.

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Update: It’s just been confirmed that I was right. She stopped over to refuel and did not visit. Bloggers do the vetting again…

So the Republican’s Vice Presidential Nominee Sarah Palin has visited Ireland - this is listed as part of her foreign travel experience. She only got a passport last year and visited US troops (Alaskan National Guard) in Kuwait and Germany.

Two words to describe that visit to Ireland I think.

SHANNON STOPOVER! *

I could of course be wrong and Governor Palin was over to find her roots?? More as I get it.

*For US readers the Shannon Stopover refers to planes landing at Shannon Airport to refuel when on their way to and from parts of Europe/Middle East. Shannon Airport sees many US Military and contractor flights arrive there each month for refueling - passengers get off the plane for a while and then get back on again. Hardly a visit to Ireland?

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Haven’t we? Otherwise we’d all be thinking that Sarah Palin was a great choice by John McCain! A great choice for a President Barack Obama morelike !

She doesn’t like polar bears very much, didn’t know what a vice president does (obviously not watching the telly like we do!), she tried to get her brother in law sacked but when she could not she sacked his boss instead, and is under investigation. For the full scoop from an alaskan bloggers point of view have a look at Mudflats.

But best of all she has to go head to head with Biden in a few weeks in a veep debate (that’ll be worth getting the popcorn out for!)

A heartbeat away from pressing that button. She’s no Hillary and she’s definitely no Geena Davies…

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