Frank Fahey (Galway West, Fianna Fail)

We last discussed this issue in the Seanad last May during Say No to Ageism week, an initiative of the Equality Authority, the Health Service Executive and the National Council on Ageing and Older People. The importance of the issue is reflected in the Seanad's decision to schedule a further debate early in the new term. Preliminary figures from the 2006 census show us that Ireland's population is now at its highest level since 1861 and that the death rate is continuing to decline. The fact that people are living longer should be a cause for celebration and not a problem for themselves or for society.

Traxler defined ageism as "any attitude, action, or institutional structure which subordinates a person or group because of age, or any assignment of roles in society purely on the basis of age". Age discrimination can affect people of all ages. Unjustified discrimination on the age ground is not only hurtful to those who are victims; when directed at older people it also represents a dramatic waste of knowledge, experience and wisdom. At a time when employers are finding it difficult to recruit and retain competent workers, a prejudice against older people makes bad business sense. Progressive employers are identifying the advantages older people can give to an increasingly diverse workforce. The Government will continue to encourage and facilitate an increase in workforce participation by older people.

I refer to the legislative protections that exist in respect of discrimination on the ground of age, both in the employment area and otherwise. Ireland has one of the world's most advanced systems of protection against discrimination. As public representatives, it is one of our responsibilities to make sure the public, in particular, those in most need of such protection, is both aware of and capable of accessing it. The Employment Equality and Equal Status Acts outlaw discrimination on the ground of age. The provisions relating to age were strengthened in the Equality Act 2004, which gave effect to the EU anti-discrimination employment directive. The Employment Equality Acts are framed on the basis of a general principle that there ought to be no discrimination on the grounds of age, where the employee is willing to undertake or continue to undertake, or will accept or continue to accept, the conditions under which the duties are required to be performed and is fully competent and available to undertake, and fully capable of undertaking, the duties attached to the position.

Certain exceptions are provided for in cases such as the emergency services and Defence Forces. The Equality Act 2004 amended the exclusion in the 1998 Act from discrimination on the age ground in respect of persons less than 18 years or 65 years or over. No upper age threshold is provided for but compulsory retirement ages may continue to be set. In the former case, a provision based on the statutory age for school leavers is provided and employers may continue to set minimum recruitment ages where they do not exceed 18 years. Both provisions are intended to avoid the anti-discrimination code undermining State policy to discourage early school leaving. As I stated during the May debate, the Equality Act 2004 made two consequent provisions in respect of older employees to fit the equality provisions into the more general body of employment protection law. The first permits employers to offer fixed-term contracts to persons over the set retirement age, without being in contravention of employment protection law governing permanent and temporary employment and employees' rights in this context. The second provision extends the employment protection law governing unfair dismissals to persons, regardless of their age as long as they are still in employment.

The Equal Status Act 2000 prohibits discrimination on the ground of age in access to and the supply of goods and services and it has delivered benefits in protecting the rights of older people. Commenting on the case of Ross v. Royal and Sun Alliance, in which the equality officer found that the operation of an "across the board" policy of refusing motor insurance quotations to persons over 70 years in conflict with the Act, the Motor Insurance Advisory Board stated, "This decision means there is now a real deterrent to unjustified discrimination." The general principle of equality not only requires people in the same situation to be treated equally, it also requires different treatment for people in different situations. We all recognise that older people can have special needs, for example, in the areas of health and housing. For this reason, the Equal Status Act specifically permits housing authorities to provide priority in housing of older people.

Legislation alone will not address all the issues facing people as they grow older. To combat discrimination, it is necessary to challenge attitudes, prejudices and behaviours. The working group on equality proofing was established under the aegis of the Department of Justice, Equality and Law Reform during the lifetime of the Programme for Prosperity and Fairness and continues to work towards developing a system for the proofing of policies and services in the public sector to avoid an unanticipated negative impact on the groups protected under equality legislation, including older people, to ensure policy coherence and best use of resources.

There should be a continued focus on applying the equality proofing models developed by the equality proofing working group rather than creating individual proofing exercises such as age proofing. It is preferable to promote comprehensive equality mainstreaming covering all the nine grounds covered by the equality legislation which, in addition to age, include the grounds of gender, marital status, family status, sexual orientation, religion, disability, race and membership of the Traveller community. It also recognises the many facets of each of us as individuals. As Senator Kett so eloquently stated in our earlier debate on this issue last May, this is an area which requires vision and leadership.

With the further renewal of its term of office in 2003, the Government asked the National Economic and Social Forum, NESF, to convene public consultations on specific policy issues, of which creating a more inclusive labour market and care for older people were identified as priorities. I acknowledge the contribution being made by the NESF in facilitating discussion and dialogue on policy issues connected with ageing and older people. This provides a valuable forum for individuals and members of the wider voluntary, community and other sectors to contribute to the social partnership process on a structured basis. The NESF has produced a wide range of influential policy reports in past years on these priority topics and on the implementation of equality policies for older people and labour market issues for older workers.

I welcome Senator White's research into ageing and age discrimination which she will present today. I congratulate her on the initiative and hard work that went into the report, which provides a useful and provocative addition to the debate on the participation of older people in our society.

The parties to the new framework social partnership agreement, Towards 2016, share a vision of an Ireland which provides the supports, where necessary, to enable older people to maintain their health and well-being, as well as to live active and full lives, in an independent way, in their own homes and communities, for as long as possible. To achieve this vision, the Government and social partners will work together over the next ten years towards the following long-term goals for older people in Ireland in the context of increased longevity and greater possibilities and expectations for quality of live of older people.

Every older person will be encouraged and supported to participate to the greatest extent possible in social and civic life, will have access to an income which is sufficient to sustain an acceptable standard of living, and will have adequate support to enable them to remain living independently in their own home for as long as possible. This will involve access to good quality services in the community, including health, education, transport, housing and security. Every older person will, in conformity with his or her needs and conscious of the high level of disability and disabling conditions among this group, have access to a spectrum of care services stretching from support for self-care, through support for family and informal carers, to formal care in the home, the community or residential settings. Such care services should ensure the person has opportunities for civic and social engagement at local level.

Overall, 46 priority actions have been agreed by the social partners to make progress towards these long-term goals. These priority actions, which include the commitment of adequate resources, cover pensions and income supports, long-term care services for older people, housing and accommodation, ensuring mobility for older people, ensuring quality health services for older people, and promotion of education and employment opportunities for older people. Specific funding targets have been set for many of these actions. For example, funding for the rural transport initiative, which is making a very important contribution to supporting community-based living, will be doubled by 2007.

I thank the House for the opportunity to participate in this debate on a topic which is important to us all. I will take on board the proposals, suggestions and views of Members.