Schedule 9

Part of Equality Bill – in a Public Bill Committee at 6:30 pm on 23 June 2009.

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Photo of David Drew David Drew Labour, Stroud 6:30, 23 June 2009

I do not know whether that was on the grounds of sexism or ageism, but I will take your guidance, Lady Winterton, and carry on.

The charity’s position is that the regulations are unlawful, both by introducing the NDRA and by giving employers far too much scope to introduce other age-based rules in the workplace. On the basis of that, the case was referred to the European Court of Justice in 2007. The final ruling of the Court on 5 March 2009 stated that the UK’s retirement laws will only comply with the EU directive if they have a legitimate aim related to employment and social policy rather than simply to reduce costs for individual employers. The Court went on to emphasise that the UK Government will have to meet a high standard of proof in demonstrating that their policy aim is legitimate. The case is currently adjourned, as my hon. and learned Friend knows. We will receive the final verdict of the High Court hearing on 16 and 17 July 2009. It may be that what I am doing will be deemed irrelevant, because the High Court could say that we have to bring UK law in line with the EU. Much as I do not like saying such things, perhaps the EU could ride to our salvation.

Why is the issue important? In these days of fairness, justice and equality, it seems unfair that people approaching or at the age of 65 are always the ones who have to be made redundant on the basis that they should be retiring anyway. The issue is particularly important at the moment, with the recession taking hold. We all know and, indeed, have cases in which people are deemed to be expendable because of their age, yet they are often the most valuable people in their workplace. They have a lifetime’s experience of employment, with all the expertise that goes with that. The situation seems very unfair.

The position also seems to be completely contrary to the Government’s aims of encouraging us to retire later and therefore not to take our pension until later. I am not here to advocate the policy of eradicating retirement, much as the Government might think that that would be a jolly good thing because of all the money that it would save. At the same time, we are in the era of giving people some choice, and the Government would be keen if people wished to continue working and to forestall the payment of their pension.

Although the business lobby has misgivings, it is not entirely against the idea that there should be some debate and clarity, and, indeed, where such cases exist, individuals should be allowed the freedom to keep working. However, according to the Bill, they will not be able to do so. I am pleased to say that public opinion is ahead of us in Parliament, let alone ahead of the Government, and there is a growing swathe of opinion that it is right and proper for people to have the opportunity to continue working.

Mr. Harperrose—