Eamon Ryan
Question:167 Mr. Eamon Ryan asked the Minister for Transport his role in the lobbying by Aer Lingus management for an exemption to equality law in view of recent revelations regarding same. [38538/05]
View answerThursday, 8 December 2005
Questions (169)
Written answers
The exemption to which the Deputy is referring arises from a Government amendment proposed and accepted on Dáil Committee Stage of the Equality Bill 2004. The Bill, which was subsequently enacted as the Equality Act 2004, implemented Council Directive 2000/78/EC — employment directive.
Aer Lingus sought the amendment to protect and underpin existing collective agreements with the trade unions that provide for seniority of staff in Aer Lingus. Those existing agreements provide that, for staff recruited on the same day, their seniority is determined by age. In effect, it is a tie-breaker agreed collectively between staff and employers.
My Department facilitated and attended a meeting between Aer Lingus and IBEC and the Department of Justice, Equality and Law Reform to examine the issue on behalf of Aer Lingus and other employers. On foot of that meeting and following legal advice sought by the Department of Justice, Equality and Law Reform, a Government amendment was proposed and accepted on Dáil Committee Stage of the Bill. The amendment was designed to protect the industry structure agreement from a challenge on age discrimination grounds and is in compliance with Article 6 of the framework employment directive, 2000/78/EC, which permits differences of treatment on age grounds where these are objectively and reasonably justified by a legitimate aim.