Maman Poulet | Clucking away crookedly through media, politics and life

Irish Rail enforcing the ban on free travel for Same Sex Couples

September 1st, 2008 · 35 Comments · Equality, Homophobia, LGBT, Same Sex Partnerships

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.

Kiosk

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.

Notice

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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35 Comments so far

  • johnmryan

    disgusting stuff to say the least!

  • SeanR

    This is a brilliant bit of digging Suzy/M.E.!!

    I’m not surprised by anything that Hanafin did/does, she lives up to being the daughter of Des everyday! It is also an insight to the insidious actions of FF’s right wing, that could adopt this policy while another faction was doing the ‘Ray Burke two-step’ promising to look at equality, etc., etc. (and actually doing little/ nothing). Mind you Bertie’s oft-used quote – which I used in my thesis – can actully be read as a defence of hetero-normativity as much as a pro-gay statement. The issue of the Heads of the Bill, to me, look more and more like and effort to corral non-heterosexual rights – but sorry guys, that ship has sailed/ the door is out / the dog is out of the trap… you’ll end up just digging a hole for yourselves!

    I take solace in the latest opinion polls (FF going through the floor), so maybe we’ll have more luck when the next shower comes along. So if FF wants to be the party of homophobes and not a reforming political party who brought social values into the 21st century… then keep on digging Ms Hanafin et al!

    Oh, and Maman Poulet, you keep digging in your own inimitably brilliant way too… this should be the political blog of the year.

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  • Neil

    Great work as ever, my dear. Shocking to see that the Government are still enforcing such legislation in 2008, while simultaneously claiming that they are delivering full equality through Civil Partnerships.

    ……

    Sorry, that was me falling over laughing at the idea that this Government will even dream of providing genuine equality.

    Anyway, good work again, and nice to see the story being covered on GCN.ie and in their weekly mail-out….

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  • Simon Murphy

    What is Barry Kenny’s email address. I want to mail him to tell him I’m boycotting Irish Rail until this is reversed?

  • Kim at Best of Hawaii Directory

    This is quite amazing.

    Although I currently live in Hawaii, my homeland is Ireland.

    I agree with Neil “Shocking to see that the Government are still enforcing such legislation in 2008, while simultaneously claiming that they are delivering full equality through Civil Partnerships.”

  • Daragh

    This is absolutely sickening. In 2008 gay couples of pensioner age or otherwise should be recognised equally by all companies, especially a semi-state like Iarnród Éireann, to which everybody’s tax money has contributed.

    And Mary Coughlan should be ashamed of herself for introducing such divisive and anti-equality legislation. The TDs who voted it in should also be ashamed for taking Ireland backwards.

    Fianna Fáil need to show that they are for equality. Time and time again they demonstrate to the contrary.

  • David

    Well done Suzy for highlighting this.

  • Michael Everson

    I’m the M.E. who told Izzy and Damien about this; izzy told Suzy. I took the photos and sent them to Suzy.

    You know something? When the folks affected by this were younger, life for gay people in Ireland was a lot crappier than it is now. How sad that Ireland 2008 (read Fianna Fáil government 2008) has to be so mean-spirited to perpetrate such ugliness. Young gay people in Ireland should think about this. They’ve got it easy, and may not appreciate how vicious the present situation is.

    I think the most disgusting thing about this is that the notice in the kiosk was signed by the Manager for “Revenue Protection”.

  • Simon Murphy

    I checked for contact details at Irish Rail and found the email address info@irishrail.ie. I have written them the following:

    “Dear Sir/Madam

    Please confirm that Irish Rail has advised their staff that gay couples are not entitled to a married/partner free travel pass like heterosexual couples are.
    A notice telling ticket checkers not to allow same sex couples with married/partner travel passes to travel, signed by the Manager for Revenue Protection for Irish Rail, has been spotted in Dublin’s Heuston Station.

    Such travel passes are awarded to people who are married or cohabiting as married.

    The notice is apparently in accordance with the Social Welfare Amendment Act 2004 which defines a spouse as a member of the opposite sex and was one of the first pieces of legislation to enshrine discrimination into the Irish legal system.

    Please be advised that I will not be using Irish Rail and encouraging my friends; family and work colleagues to boycott Irish Rail until this blatant discrimination is reversed.

    In 21st century Ireland you should be utterly ashamed that this situation can exist. It is utterly irrelevant what the legislation says. What is clear is the Irish Rail is specifically targetting gay couples to overcharge them

    I would also urge the Manager for Revenue Protection to consider his/her position in Irisg Rail. Someone who can issue such an offensively discriminatory order to staff is perhaps not suitable for that position.

    Yours sincerely”

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  • elendil

    Reason enough not to go to Ireland on a railway vacation. It’s disgusting!

  • tipster

    Well elendil, it applies to city and nation-wide state-run bus companies too. The only issue with the rail company is that have gone public on the law and what it means when it is applied. (And I wonder who is getting their head chewed for doing it with a memo marked confidential.)

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  • Ruairi

    Nice bit of snooping :-) Just dropped by to wish you luck next week in the blog awards – good stuff.

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  • Phil

    i find the debate aimed at the wrong target its the government who set the rules of any travel scheme and therefore when a company depends and needs state subvention to provide any service its remit is to follow that instruction simple fact . the facts of life in any organisation us that some people make genuine mistakes when dealing with people but the perception of that person wronged and to be frank the hysterical reaction does make a mockery of the genuine strides in rights for persons of all genders and all sexual preferences in the first dawn of the 21st century .nobody was shot nobody was harmed or assaulted .the couple in question rather then make a meal of the issue should have addressed the issue through social welfare department and their local TD rather then coming across as some precious easily offended “queen”. What would they wish for that unfortunate person who made a mistake have him sacked , vilified in the press he’s probably fucked in his job after today anyway. It will no doubt have members of the straight community trying it on when travelling on public transport as they will all be suddenly gay when stopped diluting the equality debate . i believe in equality for all but i’m not that ignorant or infallible as to recognize human error rather then malice when i see the news reports.

  • Maman Poulet

    Phil where’s they hysteria, its not to be found here! Maybe you mean over on at thejournal.ie or somewhere! All I And the person who travelled expect is for the law to be followed and people treated with respect. It is not the Dept or government who denied travel in fact they did exactly what they were meant to do, it was Irish Rail who made a mistake and apologised fairly promptly.

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