Dáil Éireann Debate, Tuesday - 28 May 2013
519. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his plans to amend the Equal Status Act in order that it will apply to those under 18 years of age; and if he will make a statement on the matter. [25290/13]
View answerUnder Section 3(3) of the Equal Status Acts 2000 to 2012, a person who is less than 18 cannot bring a claim of discrimination on the age ground. Equally, a person who is 18 or over cannot bring a claim of discrimination on the age ground which is based on a comparison with a person aged less than 18. For example, an adult cannot seek children's fare on a bus. I would emphasise, however, that the Acts do apply to discrimination against under 18s based on the other eight grounds. It is, therefore, possible for a young person to bring a claim of discrimination based on race, gender, sexual orientation, membership of the Traveller community etc. Such complaints have in fact been dealt with by the Equality Tribunal. It is not correct to say that the Acts exclude young people.
The Equal Status Act has been amended twice to make changes in the way it impacts on young people. The law was clarified in relation to the regulation of access to licensed premises by persons under 18 years of age and the conditions under which it is permissible to set an age limit for the purchase of liquor higher than 18 years. The Equal Status Act was also amended to apply it to discrimination on the age ground in the provision of motor vehicle insurance to drivers under 18 years of age.
The reason for excluding under 18s from claiming discrimination on the age ground is that 18 is a standard cut-off for access to many services. For example, it is the age of majority, the age at which contractual commitments are fully enforceable, the age for sale of drink, etc. It would be impractical to extend the age ground to under 18s as this would necessitate the provision of an extraordinary number of exemptions within the legislation and would entail a revisiting of virtually every area of the Equal Status Act. It would also mean that, in principle, it would no longer be permissible to give any preference (such as a reduced price) to young people. There are clearly important issues of protection for children involved here. A general application of the age ground to persons under 18 would not be practical or appropriate.
