Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 271: To ask the Minister for Justice, Equality and Law Reform if he will explain the contradiction between his reply to Parliamentary Question No. 317 of 6 May 2009, and the policies of An Garda Síochána which impose a maximum age limit of 35 years for recruitment and compulsory retirement at age 60. [19812/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 272: To ask the Minister for Justice, Equality and Law Reform the reason there is a maximum age limit of 35 years for persons wishing to join An Garda Síochána but not for persons wishing to join the Garda Reserve. [19813/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 273: To ask the Minister for Justice, Equality and Law Reform the reason there is a compulsory retirement age of 60 years for members of An Garda Síochána but age 65 years for members of the Garda Reserve. [19814/09]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 271 to 273, inclusive, together.

Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation has been transposed into Irish law through the Employment Equality Acts 1998 to 2008. Article 6(1) of the Directive states that "notwithstanding Article 2(2) Member States may provide that differences in treatment on grounds of age shall not constitute discrimination, if, within the context of national law, they are objectively and reasonably justified by a legitimate aim, including legitimate employment policy, labour market, and vocational training objectives, and if the means of achieving the aim are appropriate and necessary."

I agree with the Garda Commissioner that it is necessary to fix a maximum recruitment age and a retirement age for full-time members of An Garda Síochána to ensure the continued efficiency and effectiveness of the Force.

The recruitment age was considered as recently as 2004 when, on the recommendation of the Garda Commissioner, the maximum recruitment age was increased from 26 to 35 years. This was considered a balanced and fair approach having regard to natural justice, the requirements of the organisation, the policing needs of the State and does not constitute a breach of the Equality legislation.

The standard retirement age in An Garda Síochána is 60 years of age and this retirement age is compatible with national legislation and the EU Directive. Indeed the retirement age for Assistant Commissioner rank was recently challenged in the High Court which found that the setting of that retirement age was compatible with the Directive.

Reserve Gardaí are volunteers and not employees, serve on a part-time basis and have a limited set of powers and duties which is determined by the Garda Commissioner. The upper recruitment and retirement age limits for Reserve Gardaí were set at 60 and 65 respectively so that the Garda Reserve would attract applicants from a broad range in society, and benefit in particular from the experience and skills of more mature members of society.