andMr. Mitchell asked the Minister for Labour when he proposes to introduce the necessary legislation to outlaw discrimination against women in respect of pension benefits, particularly under the headings of eligibility, retirement age and scale of pension benefit which in all cases show a clear bias against the right of women to have equality of treatment.
Ceisteanna—Questions. Oral Answers. - Women's Pension Rights.
22.
I would refer the Deputies to the Anti-Discrimination (Pay) Act, 1974, which provides for equal remuneration for light work and which defines remuneration as including any consideration of cash or in kind which an employee receives, directly or indirectly, in respect of his employment from his employer.
The Act gives the Labour Court a central role in regard to disputes under the Act. In a recent case, the Labour Court determined—in accordance with its function under section 8 (1) of the Act—that pension benefits come within the definition of remuneration in the Act.
Under section 8 (3) of the Act there is a right of appeal to the High Court on a point of law. No such appeal has been taken.
In the circumstances the need for new legislation does not arise.
Is the Minister aware of research work carried out by the Irish Pensions Trust on behalf of the Irish Congress of Trade Unions early this year which indicated that under the headings outlined in the question there was and is a clear bias against equality of treatment for women in regard to their pensions? Would he be good enough to consider this and see how he could ameliorate or get rid completely of any such bias as exists?
The Deputy may be referring to the practical difficulties that arise in implementation of the Act. It appears, from what I have said in the reply, that there is not a need for legislation. The legislation does cover the pension, but I am aware that there are practical difficulties of implementation that basically are a matter for solution between the employer and the employee. I am talking of, for example, the different retirement age for a man and a woman. There are practical problems but I am not convinced, and I do not believe that legislation is the answer in that respect.
I bow to the Minister's superior knowledge in regard to the necessity for legislation although it is obviously a fact that anomalies, if one can call them that, exist. Would the Minister be good enough to investigate this problem and see if whatever influence he can bring to bear might be used with regard to the criteria of eligibility for retirement, scale of pension benefits and death benefits, for example, which show a clear bias against women in regard to their pension rights. I should be grateful if the Minister were willing to have a look at that.
I am aware of the problem and I shall certainly have a look at the situation.