Written answers

Wednesday, 28 November 2007

Department of Enterprise, Trade and Employment

Equal Opportunities Employment

8:00 pm

Photo of Seán BarrettSeán Barrett (Dún Laoghaire, Fine Gael)
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Question 93: To ask the Minister for Enterprise, Trade and Employment his proposals to facilitate people to work past 65 years of age by abolishing the mandatory retirement age as recommended in the recently published report of the senior, select, retain and retrain partnership; and if he will make a statement on the matter. [28768/07]

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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There is no age discrimination provision in employment rights legislation and there are no provisions in employment or equality law that impose a compulsory retirement from employment. The Employment Equality Acts 1998 and 2004, among other things, protects against discrimination on the ground of age in relation to access to employment. However, they also permit an employer to decide on a retirement age in a particular employment to give flexibility to employers and employees, having due regard to the nature of the work being performed.

There is therefore no single fixed retirement age for employees in Ireland, though the usual retirement age is 65. Retirement age is set out in a persons contract of employment, some of which do have a mandatory retirement age. However, it is open to the employee and employer to negotiate another contract. Many employment contracts have provisions for early retirement from age 60 or in some cases from age 55 and most have provision for early retirement on health grounds. Where an employee is subject to a mandatory retirement age in their job, there is nothing to prevent them taking up a different job when they retire or taking up self-employment.

With effect from 1 April, 2004, it is not compulsory for new entrants to the public service to retire at a particular age if they are fit and willing to remain in employment. The existing retirement conditions, in agreement with the relevant unions, been retained for existing employees. To do otherwise would be a breach of the terms and conditions of employment of employees. To encourage longer working and to improve income support for older people, the new enhanced State pension (non-contributory) for those over 66 years featured an employment earnings disregard incentive amounting to €200 per week in 2007.

The National Pensions Review, published last year, made a number of recommendations to encourage people to continue working after normal retirement age. This included allowing people to defer receiving their social welfare pension at normal pension age and to grant them an actuarially enhanced payment when they claim. The Government has recently published a Green Paper on pensions as part of the social partnership agreement, Towards 2016, with a view to developing a framework for future pensions policy. This includes an examination of the issues surrounding pensions and retirement age.

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 94: To ask the Minister for Enterprise, Trade and Employment his view of the document recently published by the Irish Congress of Trade Unions, A Fair Way In, proposals for a fair regularisation process for undocumented workers in Ireland; and if he will make a statement on the matter. [31128/07]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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There are four recommendations in the ICTU document 'A Fair Way In', two of which directly relate to my Department. The first recommendation states that undocumented workers must be guaranteed, in law, access to, and protection under, all employment rights law, including their trade union rights.

Ireland's body of employment rights legislation protects all workers employed on an employer-employee basis in Ireland. The second recommendation states that demand for undocumented labour be reduced by increased labour inspection and focusing sanctions on employers.

The Social Partnership Agreement "Towards 2016" provides that the number of Labour Inspectors (now known as NERA Inspection Services which is encompassed within the National Employment Rights Authority) would be progressively increased from 31 to 90 by end-2007. Recruitment of the additional Inspectors is progressing and will be completed, in line with the commitment under Towards 2016, by the end of 2007.

The primary role of the Inspection Services, in the case of breaches of employment rights legislation is to seek compliance from the employer and rectification of any breaches identified. Where breaches have not been rectified or in certain other circumstances, the Minister for Enterprise, Trade and Employment uses his statutory power to prosecute employers who breach certain provisions of protective employment legislation. These prosecutions against employers may be taken regardless of the status of the employees.

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