Written answers

Wednesday, 22 October 2008

Department of Social and Family Affairs

EU Directives

9:00 pm

Tony Gregory (Dublin Central, Independent)
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Question 169: To ask the Minister for Social and Family Affairs her views on the question raised in correspondence (details supplied) regarding EU Directive 2006/54/EC; and if she will make a statement on the matter. [36367/08]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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Directive 2006/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation was adopted on 5 July, 2006. This Directive simplifies, modernises and improves Community legislation in the area of equal treatment for men and women in employment and occupation by bringing together in a single text the relevant provisions from the earlier directives relating to this subject in order to make them clearer and more effective for the benefit of all citizens.

There are three main subject areas covered by this Directive: access to employment, including promotion, and to vocational training; working conditions, including pay; and occupational social security schemes.

Article 2(1)(f) of this Directive defines occupational social security schemes as schemes "whose purpose is to provide workers, whether employees or self-employed, in an undertaking or group of undertakings, area of economic activity, occupational sector or group of sectors with benefits intended to supplement the benefits provided by statutory social security schemes or to replace them, whether membership of such schemes is compulsory or optional".

While this Directive applies to occupational social security schemes such as occupational pensions and benefits provided by the employer, it does not apply to statutory social security schemes, such as the Irish child benefit scheme. This position is made clear in the recent reply by the European Commission to a European Parliament question on this matter. In its reply the Commission clarifies that family benefits, including child benefit, are covered by the Directive provided that "such benefits constitute a consideration paid by the employer to the worker by reason of the latter's employment" in accordance with Article 7(1)(b) of that Directive.

Accordingly, the Directive only applies to family and child benefits provided by an employer as part of the person's remuneration package or package of other work-related benefits. It does not apply to family or child benefits paid as part of the statutory social security system. A technical review of the entire social welfare code, including Child Benefit, is currently being undertaken to examine its compatibility with the Equal Status Act, 2000. This review, which is examining the social welfare schemes and services provided for both on a legislative and administrative basis, aims to identify any instances of direct or indirect discrimination on any of the nine grounds listed under the Equal Status Act, including: gender, marital status and family status, that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate. The review is due to be completed early in 2009.

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