Vol. 457 No. 5
22 Mr. M. McDowell asked the Minister for Equality and Law Reform the effect, if any, the decision by the European Court of Justice that positive discrimination in favour of women runs counter to an EU Equal Opportunities Directive may have in Ireland on positive action in favour of women in the workplace; and if he will make a statement on the matter. [15579/95]
27 Kathleen Lynch asked the Minister for Equality and Law Reform if his attention has been drawn to the recent ruling by the European Court of Justice regarding positive discrimination in favour of women; the implications, if any, he believes the ruling may have for future measures to redress inequalities in respect not only of women but of minorities; and if he will make a statement on the matter. [15644/95]
49 Ms Keogh asked the Minister for Equality and Law Reform the effect, if any, the decision by the European Court of Justice that positive discrimination in favour of women runs counter to an EU Equal Opportunities Directive will have in Ireland on positive action in favour of women in the workplace; and if he will make a statement on the matter. [15590/95]
I propose to take Questions Nos. 22, 27 and 49 together.
The decision of the European Court of Justice in Kalanke and Bremen outlawed an automatic quota related system for promotion which was in operation in the German public service. A promotion system of the kind involved in the case would not be admissible under the Employment Equality Act, 1977.
The ruling will not affect existing positive action measures which are geared towards the removal of existing inequalities, so that women and men can compete on an equal basis for employment and promotion.
The ruling is binding in relation to EU gender equality legislation. I do not expect that it will have any direct application outside of that area.
