Pat Upton
Question:34 Dr. Upton asked the Minister for Equality and Law Reform if he will introduce legislation to prohibit discrimination on the grounds of age in recruitment to the public service. [4759/95]
Ceisteanna—Questions. Oral Answers. - Public Service Recruitment.
Legislation to prohibit discrimination in employment on a wide range of grounds, including age, is being developed in my Department. The legislation will be applicable in both public service and private sector employments.
I understand from my colleague the Minister for Finance that recruitment age limits throughout the public service have been raised substantially in recent years and that the upper age limit for most posts is now 50 years of age.
Is it true that a number of complex issues must be resolved before the legislation can be introduced? To what extent has the Minister consulted with the various interested parties, such as the trade unions and so on? How has similar legislation worked in other countries and to what extent are their experience applicable here?
I have had consultation with a number of concerned groups on this issue. This is a complex matter, a good deal of work has been carried out and some exclusions will be necessary. For example, in limited circumstances employers must be allowed some flexibility in regard to recruitment and retirement ages. The details of the legislation will be published in the House in the usual manner and I will be happy to discuss them with Members on Committee Stage of the Bill.
The Minister will be aware that I introduced amendments to the Unfair Dismissals Act which precluded an employer from using the pretext of an age as an excuse for dismissal. Notwithstanding this legislation — which I hope will be a powerful instrument — there are ways and means by which employers can get around the question of age. Has the Minister considered any other means of prohibiting discrimination on the grounds of age in recruitment to the public service?
I hope the legislation will strike a reasonable balance between the needs of equality and the requirements of employers whose position must also be considered. There has already been a liberalisation of the entry age parameters to the public service——
To what age?
I understand the public service recruit people up to the age of 50, it used to be considerably less.
One is only maturing at that age.
As Deputy O'Rourke stated, she dealt with the question of dismissal on the grounds of age. That was a constructive measure, but there are other aspects of the age discrimination question in an employment context which must be considered. For example, the questions of recruitment and promotion will be addressed in the Employment Equality Bill.