Vol. 427 No. 4
6 Mr. Cullen asked the Minister for Equality and Law Reform if it is intended to prohibit discrimination on the grounds of age; if so, if the current age barriers which apply for recruitment to positions in the Civil Service and Garda Síochána will be removed; and if he will make a statement on the matter.
In accordance with the commitments in the Programme for a Partnership Government I intend to examine the feasibility of legislation to prohibit discrimination on a wide range of grounds including age. My Department will engage in extensive consultations during the preparation of the legislative proposals as regards the employment and non-employment issues concerned. The public sector questions mentioned by the Deputy are primarily matters for the Ministers with direct responsibility for the Civil Service and the Garda Síochána.
Will the Minister agree that discrimination is essentially a matter to be dealt with by him? Would he agree that the Programme for Government gives a commitment to bring in equal status legislation prohibiting discrimination on the grounds of age? Would he agree that to have an age barrier in recruitment to the public service generally, particularly an age limit as low as 27 years, is discriminatory against people of both genders? Would he agree that as Minister for Equality and Law Reform he should take responsibility for ending discrimination and that it is not a matter for another Minister?
The Deputy is correct in that the question of discrimination, which is a complex matter, has been deputed to me and is under close examination in my Department. It is my intention to bring in an anti-discrimination measure as soon as possible to unravel the complexities of all aspects of the matter. In the Programme for Economic and Social Progress the Government gave a commitment to a policy of substantially raising recruitment age limits throughout the public sector and, following that commitment, the upper age limit for recruitment to most posts in the Civil Service, local authorities and health boards has been increased to 50 years. In keeping with the partnership approach reflected in the Programme for Economic and Social Progress it is hoped that these initiatives will provide a stimulus for similar action in the wider public and private sector. The question of age discrimination generally in the field of employment and so on is under examination in the Department and I hope to devise some measures in that regard.
Is the Minister aware that illogical age discriminations are applied in a wide variety of walks of Irish life? For example, is the Minister aware of, and does he intend to take action in relation to the apparent approach of local authorities and the Garda Síochána whereby persons under the age of 35 years are not appointed to the position of traffic warden on the basis that they are temperamentally unsuited to the position whereas those over 35 years magically qualify for such a position? Would the Minister agree that in the context of the numbers unemployed at present, when the position of traffic warden becomes available vacancies should be filled on the basis of merit rather than of age and that discrimination in this regard should end? Would he also agree that discrimination by health boards, in not placing children for adoption with couples where the husband or wife is over 35 years of age, should be prohibited and that suitability for adoption should be based on people's suitability as parents rather than on age? Will the Minister look in a comprehensive way at some of the rather odd, ad hoc and arbitrary age discriminations that a variety of bodies funded by the State are applying throughout society?
I agree broadly with the Deputy's comments. It would not be a matter of looking at specific examples of age discrimination in a particular institution. I am concerned about general discrimination on the grounds of age. It is inappropriate that it should be assumed that because a person is either below or above a certain age he is not suited for a job or to carry out a duty. I agree that there can be discrimination on the grounds of age where that, of necessity, will disqualify a person; but the basis of appointments ought to be the capability of a person to carry out the job concerned. However, it is not quite as simple as that, since there are complex situations which must be looked at. We are looking at legislation on this question and how this is operated in other countries, particularly in the US and Australia where there is quite a lot of legislation on this. It has worked well in some areas, although in others difficulty has ensued. It forms part of the anti-discrimination Bill on which we are working.
We are dwelling over long on this question. I am concerned about the lack of progress in questions.
Does the Minister, in the context of the review he will undertake, have any intention of looking at an appropriate retirement age for Taoisigh?
