Trevor Sargent
Question:52 Mr. Sargent asked the Minister for Justice, Equality and Law Reform the plans he has to modify or remove the mandatory retirement age. [3000/03]
Written Answers. - EU Directives.
The Employment Equality Act 1998, which prohibits discrimination in relation to employment on nine grounds, is currently being examined in the context of the implementation of the employment aspects of Directive 2000/43/EC (Race Directive), Directive 2000/78/EC (Framework Employment Directive) and Directive 2002/73/EC (Gender Equal Treatment Directive).
The purpose of Directive 2000/78/EC (Framework Employment Directive) is to provide a general framework for the prohibition of discrimination in relation to employment and occupation on grounds of religion or belief, disability, age or sexual orientation. Implementation of the directive will necessitate amendments to the Employment Equality Act 1998. A discussion paper was circulated by my Department to relevant Departments, the social partners, the Office of the Director of Equality Investigations, ODEI – the equality tribunal, and the Equality Authority in July 2002 in relation to the implementation of this directive and the employment aspects of Directives 2000/43/EC. These organisations were invited to make submissions which formed the basis of further consultations which were completed at the end of last year. Proposals, for submission to Government, in relation to implementation of the directives are being drawn up in my Department at present. Any decisions regarding the retirement age will be taken within this context.
The enactment of Directive 2000/78/EC will still allow for differences of treatment on grounds of age where the treatment can be objectively and reasonably justified by a legitimate aim and if the means of achieving that aim are appropriate and necessary. The directive also provides that it is without prejudice to national provisions laying down retirement ages.
The directive must be implemented by 2 December 2003. However, in order to take account of particular conditions, member states may, if necessary, have an additional three years from December 2003, i.e. to December 2006, to implement the provisions of the directive on the age and disability grounds.