Dáil debates

Friday, 9 October 2015

Employment Equality (Abolition of Mandatory Retirement Age) Bill 2014: Second Stage [Private Members]

 

12:00 pm

Photo of Peter MathewsPeter Mathews (Dublin South, Independent) | Oireachtas source

I thank Deputy Ferris for bringing forward this Bill. In matters such as the working life of the people, it is important to keep issues under review in order that reality is reflected in practice.

In property law, the 21-year fixed rent lease is something that obtained for almost a century. This was because it reflected the reality of the time. Prior to the Industrial Revolution, leases were given to tenant farmers on big landed estates. The average life expectancy was 42 years of age and the age of majority allowing a person to sign a legal document and hold a lease was 21. If we do the maths, this allowed a fixed tenancy lease of 21 years and we had economic stability reflecting reality.

After the Second World War, we had the arrival of fast-moving commercial businesses. Certain types of businesses, such as steel and textiles, had heavy fixed assets, tended to be longer living businesses, existing through two or three generations and whose owners tended to buy their premises and machinery. However, commercial life became even faster moving following the Second World War and businesses changed organically in regard to the types of assets, employee numbers and skills they needed to conduct business. The 35-year lease became a reality and lawyers introduced laws to adapt to the reality of the changing businesses.

With the loss of price stability, we need to reflect reality and have reviews every five or seven years. It is important therefore to consider legislation that examines and questions the realities of people's position in gainful employment. I therefore thank Deputy Anne Ferris for bringing forward this legislation. In some areas of work, experience and length of service are hugely important, for example, in the courts. How can judges in their mid-40s have the experience and wisdom to determine a case being heard before them? Have they sufficient life experience, expertise and familiarity with the law to arrive at a fair decision and judgment in a case where there is to be a penalty or award? If a person has worked through to his or her 70s and is blessed with an active mind, significant experience and a fair view, his or her peripheral judgment of life is a better skill set to bring to bear on the work he or she is doing. This is just one example of a certain calling in life where an extension of time is valuable.

The same applies in the science area. I met a vice president of the European Parliament, a Spanish professor of science aged 71 whose name I cannot remember at the moment. He has colleagues and collaborators in nuclear science and physics who are Irish based and who had to retire from their professorships at university at the age of 65. He named professors I did not know who had to retire and said it was a tragedy they had to do so because they had so much more to give. It is absurd that these people were forced to retire at 65 and that is another good reason this legislation is welcome.

I would like to touch on an issue other Members have mentioned, and the Minister of State smiled tongue in cheek at the mention of it, namely, the election. Imagine if someone about to do university examinations put all his effort and preparation into project work in preparation for a May examination, but the student then got the jitters and said he thought he would go for the repeat examination in September. Would that not be cowardly? Would it not be cowardly of the Government to make a similar change to its plans? Would it not be cowardly to stop short, like pulling up Arkle with one furlong to go in a steeplechase? It should do its job. It promised to do the job over the full term. It should not be afraid but be courageous.

The people will respect that courage. They are not fooled. Do not get jittery, do not get the political yips, just do the job. There is legislation to be enacted. The Government should tell the people it intends to run the course and carry through the Bills in the schoolbag. Be men and women and bring them over the line. Do not be like nervous teenagers and call the election in pursuit of a more solid mandate before Christmas before bigger jobs need to be faced or avoided. Do not do that. The Government should remember also that it has staff who have committed to it for five years. Political and advisory staff were told there was a big job to be done and hard decisions to be made. The Government should do them rather than talk about them and distract from them. That is the challenge for the Government, but that is what leadership is.

Deputy Wallace has spoken out on the NAMA issue and Deputy Catherine Murphy has spoken about IBRC. The Government should investigate and do the root canal work. On the hospitals and health front, it should get in there, examine the trolley issue and start to do something to involve management instead of allowing the representatives of the midwives and nurses get panic attacks because of the number of people arriving into accident and emergency units. It should also deal with issues such as CIE. These are the hard jobs that need to be done and the Government should not avoid them.

Next Tuesday, there will be a budget. The Government must make it fair. If there are any last-minute adjustments needed, the Government should make them. It should not mess around with the people.

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