Vol. 461 No. 4
16 Dr. Woods asked the Minister for Equality and Law Reform his views on whether the ruling of the European Court of Justice in a case (details supplied) is relevant on the basis of equality of treatment, to the current claim by nurses to an improved career structure, with due recognition and appropriate rewards; and if he will make a statement on the ruling. [3066/96]
The question of whether the ruling of the European Court of Justice in the case referred to by the Deputy is relevant in respect of equality of treatment in any particular claim or Irish situation is a matter primarily for the redress mechanisms and courts before which claims would be taken under the relevant legislation.
The ruling of the European Court of Justice in the case in question did not resolve the equality claim taken under UK law. I understand that the case has gone back to the UK courts for determination on the basis of the facts of the case but that a decision has not yet issued.
Having fully interpreted the redress mechanisms and other legislative notions in the reply will the Minister refer to the reality of this finding and say whether it has, or is likely to have, implications for our systems? Has the Minister put in train any study or investigation rather than waiting until the case is referred to the UK courts? In my question I referred particularly to the current claim by nurses with a large number of females and comparable professions which have large numbers of males. It would appear that at management level nurses are not doing as well as males. Will this finding have any bearing on our system? If the Minister is unaware of any such bearing will he investigate the matter thoroughly?
The European Court case referred to by the Deputy has not yet concluded. The final determination of the facts and the law in that case has to be done by the UK court. It would be inappropriate to start reading too much into the matter until, at the very least, the case has concluded. When it concludes it may be that the facts may not warrant drawing any general conclusion. I am not in a position to draw any conclusions at this stage, it would be premature.
We should have some brevity. Let us not forget the time factor in dealing with priority questions.
Does the Minister think it likely that the findings will have implications? I tried to draw a comparison between nurses at management level such as a matron in Beaumont Hospital or the Mater Hospital and members of the Garda Síochána at, say, superintendent level and so on. Where there is a preponderance of women they are not getting the same reward for similar skills. This is a serious and urgent matter. The European Court has decided that a woman worker may be considered a victim of sex discrimination if she works——
I must dissuade the Deputy from quoting; it is not in order at Question Time.
I did not quote.
I observed the Deputy quoting from a paper of some kind.
The court decided that a woman may be considered a victim of discrimination if she works in an overwhelmingly female profession, whose members are appreciably less well paid than members of a comparable profession in which there is a preponderance of men. This is an urgent and important issue. I ask the Minister to examine urgently the implications of the decision for Ireland. There could well be implications particularly for nurses. He may wish to advise the Minister for Health accordingly.
Let us not task the Minister with matters appertaining to the Minister for Health.
I am sure the Minister for Health will have the best advice available to him as and when that is necessary. We cannot draw any conclusions from the decision at this stage. When this interesting case is concluded, and the final decision is handed down, I will examine it with considerable interest. The ultimate determination as to the extent of its applicability to any other category of people, who may be claiming redress under the legislation, will be a matter for determination not by me but by the tribunals and courts who have a responsibility under our legislation to address those issues.
