David Stanton (Cork East, Fine Gael)
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Question 120: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reviews the equality division of his Department has carried out regarding equal access to employment opportunities for older people; and if he will make a statement on the matter. [36331/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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My Department has considered the issue of access to employment opportunities for older people in the preparation of Employment Equality legislation, in equality proofing initiatives and in the context of social partnership agreements.

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. There are certain exceptions provided in cases such as the Emergency services and Defence Forces.

The provisions in the Employment Equality Act 1998 for prohibiting discrimination on the ground of age were strengthened in the Equality Act 2004, which gave effect to the EU Anti-discrimination Employment Directive. The Equality Act 2004 amended the exclusion in the 1998 Act from discrimination on the age ground of persons less than 18 years or 65 years or over. No upper age threshold is provided for; however, compulsory retirement ages may continue to be set.

The Working Group on Equality Proofing is established under the aegis of my Department and is Chaired by the Equality Authority and Diversity & Equality Law Division of my Department. The Working Group continues to work towards developing a system for the proofing of policies and services in the public sector in order to avoid unanticipated negative impact on any of the groups protected under equality legislation (including older people) and to ensure policy coherence and best use of resources.

My Department has participated in the development of the new framework social partnership agreement, "Towards 2016", which includes priority actions for the promotion of education and employment opportunities for older people. The Government will continue to encourage and to facilitate an increase in work force participation by older people.