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Select Committee on Social Affairs debate -
Tuesday, 26 Nov 1996

SECTION 19.

Question proposed: "That section 19 stand part of the Bill."

A number of questions have been raised by different groups, including the Irish Congress of Trade Unions. Section 19 deals with the entitlement to equal remuneration in relation to objective factors unrelated to the sex of the person concerned. The Bilka-Kaufhaus case, 170/84, and the Rinner-Kuhn case, 171/88, were decided before the European Court of Justice. The Rinner-Kuhn case developed a three stage test covering objective factors. Their opinion was that this test should be referred to in the legislation. What is the Minister's opinion about that in relation to section 19? Is it necessary to refer to it in the legislation?

With regard to the definition of indirect discrimination, there is merit in seeking to adopt a single approach. However, it is equally clear from ECJ case law that this concept, while widely accepted, is not interpreted in exactly the same way in every case. In some cases the measure of indirect discrimination is by reference to a considerably smaller percentage, as in the Nimz case, in others it is by reference to substantially more members, as in the Enderby case, and in others it is called a much lower proportion, as in the Bilka-Kaufhaus case. The definition objective in the Bill encapsulates all the necessary parameters.

Question put and agreed to.
Sections 20 to 22, inclusive, agreed to.
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