The Problems with Mary Coughlan
Image via WikipediaAs of last week, Ms. Coughlan T.D., was elevated to the position of Táinaiste in our dear little Republic. Ordinarily one would be congratulatory of such a move. The distinct lack of female role models in Dáil Éireann, by comparison to our European counterparts is shocking; 13 out of 166 TD's in the last General Election. That statistic is something which needs to be examined by the major, and minor Parties and seek to encourage more participation within the Political process.So what is my problem with Mary Coughlan. Well nobody will deny that she has done a pretty good job in Agriculture. Between the pro-activeness following the outbreak of Blue Tounge in the UK and the measures that were enforced here, as well as beginning the World Trade Talks and the usual jaunts to and from Europe. She has been a relatively reliable safe bet for those who need her to be just that.
No my issue with the new Táiniste is her track record to date regarding LGBT issues. Ms. Coughlan's previous role in the Department of Social and Family affairs (Thats the one that Mary Hanafin got shifted to, from Education). In the early 2000s, a particular case went through the Equality Tribunal regarding a bus pass extension for a gentleman's partner in Dublin. Social and Family Affairs rejected this and a case was brought through the Tribunal on the grounds of discrimination on the Sexual Orientation. As there was nothing up to that point in law which warranted the Department's actions, the case was deemed a prima facia case and it proceeded in the Tribunal.
However by the time it came for review in the Tribunal it was in 2002/early 2003 when Ms. Coughlan was Minister for Social and Family Affairs. Realising the possible implications from loosing the case, it was settled out of court with a discretionary action by the Department which resulted in the Injustice committed being resolved and thus not setting a precedent in the Tribunal.
Coughlan came into Social and Family Affairs at a time when some €500 million worth of cut backs needed to be instigated. The vast majority of this appeared in the Social Welfare Miscellaneous Act 2003. What also appeared in that act was the stipulation that any benefits accrued to spouses of benefit recipitants was within the confines of Marriage. This was the first definition of what marriage is in Irish Law, as defined as one man and one woman. I might also so add, that despite precedent in the High Court of defining marriage as such, including Revenue's Oxford Dictionary definition; The Ultimate Interpreter of the Irish Constitution is the Supreme Court who have not yet been asked to define what marriage is, either positively or negatively.
This also meant that under art 14.1.a of the Equal Status Act nobody will be able to take a case to the Tribunal on these grounds again. 14.1.a exempts any law which is already enacted, regardless of whether this is a discrimination measure.
Perhaps it is the case that Ms. Coughlan has changed her ways, whilst she was in Agriculture. Perhaps I shaln't hold my breath too much. Perhaps she was not the instigator and it was some random Civil Servant who noticed the loophole and didn't realise the consequences. Then again perhaps not. I will live in hope that perhaps she has changed. We shall wait and see. We will also wait and hope she doesn't screw it up.
For more information on the new Minister for Justice, Noel Ahern see Maman Poullet's here:
No my issue with the new Táiniste is her track record to date regarding LGBT issues. Ms. Coughlan's previous role in the Department of Social and Family affairs (Thats the one that Mary Hanafin got shifted to, from Education). In the early 2000s, a particular case went through the Equality Tribunal regarding a bus pass extension for a gentleman's partner in Dublin. Social and Family Affairs rejected this and a case was brought through the Tribunal on the grounds of discrimination on the Sexual Orientation. As there was nothing up to that point in law which warranted the Department's actions, the case was deemed a prima facia case and it proceeded in the Tribunal.
However by the time it came for review in the Tribunal it was in 2002/early 2003 when Ms. Coughlan was Minister for Social and Family Affairs. Realising the possible implications from loosing the case, it was settled out of court with a discretionary action by the Department which resulted in the Injustice committed being resolved and thus not setting a precedent in the Tribunal.
Coughlan came into Social and Family Affairs at a time when some €500 million worth of cut backs needed to be instigated. The vast majority of this appeared in the Social Welfare Miscellaneous Act 2003. What also appeared in that act was the stipulation that any benefits accrued to spouses of benefit recipitants was within the confines of Marriage. This was the first definition of what marriage is in Irish Law, as defined as one man and one woman. I might also so add, that despite precedent in the High Court of defining marriage as such, including Revenue's Oxford Dictionary definition; The Ultimate Interpreter of the Irish Constitution is the Supreme Court who have not yet been asked to define what marriage is, either positively or negatively.
This also meant that under art 14.1.a of the Equal Status Act nobody will be able to take a case to the Tribunal on these grounds again. 14.1.a exempts any law which is already enacted, regardless of whether this is a discrimination measure.
Perhaps it is the case that Ms. Coughlan has changed her ways, whilst she was in Agriculture. Perhaps I shaln't hold my breath too much. Perhaps she was not the instigator and it was some random Civil Servant who noticed the loophole and didn't realise the consequences. Then again perhaps not. I will live in hope that perhaps she has changed. We shall wait and see. We will also wait and hope she doesn't screw it up.
For more information on the new Minister for Justice, Noel Ahern see Maman Poullet's here:
Labels: bertie Ahern, Dail Eireann Dublin, Fianna Fail, General Election, Politics, Republic of Ireland, Society and Culture, United Kingdom
posted by John James at
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