Public Sector Staff Retirements

Dáil Éireann Debate, Thursday - 10 July 2014

Thursday, 10 July 2014

Questions (206)

Robert Troy

Question:

206. Deputy Robert Troy asked the Minister for Health in view of the 2007 case, details supplied, in which the European Court of Justice held that compulsory retirement clauses set by law were discriminatory on grounds of age and could only be objectively justified in certain circumstances, and the High Court approving the decision, if he will review Health Service Executive contracts which have a retirement age of 65 for persons who may wish to work longer; and if he will make a statement on the matter. [30537/14]

Written answers

Minister for Health

In the Judgement referred to by the Deputy, it was held that the Minister was obliged to justify compulsory retirement at age 65. The Court went on to outline that such a measure could be justified by reference to the following: (a) That the measure is a genuine and determining occupational requirement; (b) That the measure is aimed at preserving operational capacity; (c) That the measure is justified by a legitimate aim - in the case in question this was employment policy; (d) That the measure is justified by a legitimate aim, and that the means of achieving that aim are appropriate and necessary.

In light of the current legislative position, I do not consider that the review sought by the Deputy is warranted.