Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 140: To ask the Minister for Justice and Equality in view of the recent European Court of Justice decision which found that the exemption contained in Article 5 (2) of Directive 2004, 113/EC as enacted under Irish law in Civil Law (Miscellaneous Provisions ) Act 2008, was unlawful, his proposals to bring forth legislation to deal with the invalidity of this exemption; if he will further outline, in respect of any proposed legislation to deal with this issue, his position on the application of the courts decision to insurance contracts entered into prior to 21 December 2012, in circumstances in which premiums and or benefits remain payable or contingently payable on such contracts after 20 December 2012; and if he will make a statement on the matter. [16801/11]

Alan Shatter (Dublin South, Fine Gael)
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In a decision issued on 1 March 2011, the European Court of Justice, having reviewed Article 5(2) of Directive 2004/113/EC which enables the Member States to maintain an exemption from the rule of unisex premiums and benefits in insurance, concluded there was a risk that the permitted derogation from the equal treatment of men and women could persist indefinitely. As such a provision would work against achieving of the Directive's stated objective of equal treatment between men and women the Court determined that this provision of the Directive must therefore be considered to be invalid upon the expiry of an appropriate transitional period, which it set at 21 December 2012.

All Member States of the EU have availed of this derogation, which remains valid until expiry of the transitional period. I understand that the Commission will prepare guidelines for Member States and the insurance industry on complying with the decision of the Court. I would expect that the transitional issue raised in the Deputy's question will be addressed in these guidelines. Proposals for appropriate amendment of our domestic legislation will be developed once these guidelines are available.