Dáil Éireann Debate, Thursday - 26 January 2017
35. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the present legislation regarding employment discrimination by age; if it is legal for a company to dismiss an employee on the grounds of age if that person has not reached retirement age; and if she will make a statement on the matter. [3553/17]
Amharc ar fhreagraIn my role in the Department of Justice and Equality, I have responsibility for equality legislation, which provides for retirement ages in line with the relevant EU Directive provision that differences of treatment on the grounds of age are permissible if, within the context of national law, they are objectively and reasonably justified by a legitimate aim including legitimate employment policy, labour market and vocational training objectives, and if the means of achieving that aim are appropriate and necessary.
I have no Ministerial responsibility for retirement age issues generally either in the public sector (where mandatory retirement ages are a feature of public sector employment law) or the private sector (where there is no statutory retirement age).
I am unable, in the context of an answer to a Parliamentary Question or otherwise, to offer legal advice or an interpretation of legislation for which I hold Ministerial responsibility in relation to a complaint or a potential complaint. Depending on the particular circumstances involved in a situation such as that outlined by the Deputy, an individual who feels that his or her rights have been transgressed may seek advice and assistance from the Irish Human Rights and Equality Commission and/or the Workplace Relations Commission.
