Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I thank Deputy Brady for the effort he has put in to the Bill. I would not worry about the fact that it is not perfect. I have never seen a Bill in this House that is, and it is no reason that we should not discuss this very important issue. Looking at the legislative basis of the Employment Equality Act, it outlaws a number of grounds upon which people can be discriminated against in the workplace such as gender, marital or family status, sexual orientation, religion, disability, race, and Traveller status. Age is included among these grounds but the Act states that discrimination on the basis of age is allowed where a person has not attained the age of 18, which is understandable, or has attained the age of 65 or 66. I always thought it was very unusual to have such discrimination permitted in our legal system. It only really applies in the public sector and there have been a couple of examples recently. David Davin-Power had to retire recently although he seemed to be perfectly good health and to be a very competent journalist. I was listening to Michael O'Keeffe on the radio. He is an ophthalmologist in the Mater hospital and he has to retire from practice in the public health system. Both of those people can, of course, continue to work in the private sector. It shows how indiscriminate this is, and I welcome the fact that the issue is being presented here.

The way Deputy Brady has presented it, in order for the discrimination to be justified or not, we will have to consider whether there are increased costs. It appears to be the case under his proposal that discrimination would only be permitted if there was going to be a very large increased cost to the State. How does the Deputy think that would operate in practice? There is also a legitimate concern that if there is no retirement age for people in the public sector, they will never leave. They will be like politicians who get in and never get out. It may then become more difficult for young people to get in to the State sector. I am interested to hear what Deputy Brady has to say about those two things.