Proposals for Reform of Age Legislation

ECNI Key Recommendations for Reform of the age GFS

legislation

Roisin Mallon, Senior Policy Manager

Equality Commission for Northern Ireland

Overview ECNI Views:• Scope of legislation• Forms of discrimination• Exceptions• ECNI powers and duties• Draft EQIA

Scope of Legislation (Areas)We support coverage of:• General services such as retail services, public

transport, etc.• Health and social care• Financial services• Exercise of public functions by public bodies• Private clubs/ Associations• Accommodation• Education and associated services• Charities

Scope of Legislation (Age)We support coverage of:• ‘Age’- actual/ perceived/ association• All ages –do not support exclusion of under 16s

– compelling evidence of discrimination– covered under other equality grounds– consistent with S75 duties on public bodies &

Executive’s commitments to improve outcomes– not aware of any legally compelling reasons for

exclusion

Forms of discrimination

We support prohibition of:• direct discrimination- objectively justifiable (but

pursuant to social policy objective)• indirect discrimination -objectively justifiable • harassment and victimisation• other types of discriminatory behaviour

Exceptions (1)

We support exceptions for: • Positive action • Services to meet specific & justified needs • Statutory authority (required by other legislation)• Charities• Private clubs• Premises• Certain public functions/public bodies• Sport

Exceptions (2)

• We agree no exception for health and social care.

• Any age based practices within health and social care should be subject to objective justification test.

• Value in introducing a mechanism for ‘ad hoc exceptions’.

Exceptions (3)

We have concerns about certain exceptions including: • Financial services• Age - based concessions• Age - related holidays• Residential park homes/ other accommodation• Care within the family

ECNI powers and dutiesWe support: • general duties for ECNI • robust powers including:

– provide legal advice/ assistance to complainants;– issue Codes of Practice/ guidance; – challenge persistent discrimination/ pressure to discriminate/

instructions to discriminate/ discriminatory adverts/ discriminatory practices;

– undertake formal investigations & enter into undertakings/agreements.

Draft EQIA

• Welcome eqia consultation at same time as policy & it follows the 7 steps in ECNI guidance.

• However, – no reference to commissioning new research/ new

monitoring arrangements to gather more data – focus on consultees to identify evidence

– no rationale or evidence for proposed exclusion of under 16s

– does not identify types of mitigation measures.

Conclusion

• Number of key proposals we support but also concerns in relation to proposed scope and certain exceptions.

• Significant piece of legislation, so important to respond to consultation and raise issues/concerns so as to ensure law is robust.