Strengthening Protection for all Ages

Dee Masters BL

27 August 2015

Case for change

Objectives

• Comparable situations should be treated in the same way

• Hurdles = special treatment

• Objective justification

E.g. 20% of people under 24 are unemployed compared to 4% of 25 to 49 year olds

What is equality?

Overview of the proposed legislation

Structure broadly consistent with the principle of equality

BUT – limitations:

• Under 16’s are excluded

• Too many exceptions

• Some exceptions too broad

Definition of “age”

• “65 years old”, “over 65”, “pensioners”, “older people”, “the elderly”

• Perceived age

• Discrimination by association

Scope• Goods, facilities, services

• Charities

• Education

• Health and social care

• Public functions

• Selling, letting or managing premises unless purely private

Education

Types of discrimination• Direct

• Indirect

• Harassment

• Victimisation

• Discriminatory behaviour after a relationship has come to an end

• Advertisements which evince intention to discriminate

• Instructions / pressure to discriminate

Suitable exceptions• Positive action

• Charities

• Non-charities

• Existing legislation

• Age restricted products

• Competitive activities

• Ad hoc exceptions

Objective justification defence

• Legitimate aim

• Real need

• Proportionality

e.g. holiday company believes increased risk to damage where groups of people under 21 rent them

e.g. education provider receives a large donation for the purpose of improving reading in people under 18

Problematic exceptions

• Age-related holidays

• Residential park homes

• Home, family and private life

• Age-based concessions

• Financial services

Exclusion of U16’s

• United Nation Convention on the Rights of the Child

• Exclusion contrary to equality

• S.75 of the Northern Ireland Act 1998

• Illogical

• Evidence

• Normative effect

Special treatment of children and young people

• Maturity

• Economic independence

• Relative economic hardship

• Safety

• Special needs

Children need protection and not exclusion

Conclusion

Follow up

deemasters@cloisters.com