Mr. Justin Moran:

I wish to pick up on a comment made by the Law Society of Ireland. I also welcome members' responses and contributions. I will be brief. A term that keeps arising as we examine this issue is the concept of "legitimate aim". It is mentioned in the Employment Equality (Amendment) Bill 2013. Under the equality directive, age discrimination is wrong and should not happen unless it enables us to meet a legitimate aim related to employment policy or the labour market. This raises the quick question of what constitutes a legitimate aim. In 2007, the European Court of Justice found in Spain that it was legitimate to discriminate against older workers if it allowed younger people to get employment. In Ireland's Donnellan v. Minister for Justice, a Garda Commissioner was forced out of his job because doing so was seen as facilitating promotion prospects. There have been similar High Court equality cases.

Something that I admire about Deputy Ferris's legislation is that the two little words "legitimate aim" are not included. It is not legitimate that older workers should be forced aside to make room for younger ones. As Mr. Quinn and Dr. Shanahan observed in some detail, there is no research to support that idea.

I thank the committee for inviting me to this meeting and the Chairman for allowing me to speak again.