Phil Hogan
Question:338 Mr. Hogan asked the Minister for Justice, Equality and Law Reform his plans to enact Directive 2000/78/EC in respect of retirement age; and if he will make a statement on the matter. [18847/02]
Written Answers. - EU Directives.
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, which prohibits discrimination in relation to employment on nine grounds, including age. A discussion paper was circulated by my Department to relevant Departments, the social partners, the Office of the Director of Equality Investigations, the equality tribunal, and the Equality Authority in July 2002 in relation to the implementation of this directive and the employment aspects of Directive 2000/43/EC, race directive. These organisations were invited to make submissions which will form the basis of further consultations. 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, that is, to December 2006, to implement the provisions of the directive on age and disability grounds.