Willie O'Dea (Limerick East, Fianna Fail)

In regard to amendment No. 16, we are transposing the terminology directly from the directive. Therefore, I do not consider there is any reason to accept that amendment. We have been asked to transpose the directive, and we can go further, but, in reality, I do not believe it is going any further.

This section amends section 37 of the 1998 Act to take account of the framework directive in respect of permitted differences of treatment by reference to a characteristic which constitutes a genuine and determining occupational requirement and where the objective is legitimate and the requirement proportionate. Amendment No. 15 would depart from the provisions of the directive by excluding the grounds listed by the Senator from the scope of the provision. The Senator may note that the gender ground is already excluded under section 16. If we are to exclude all these other grounds, what would the section mean? We have already taken out the gender ground and if we were to take out all the other grounds, the section would be rendered meaningless.