|
|
Amendment of section 37.
|
25.—Section 37 (exclusion of discrimination on particular grounds in certain occupations) of the Act of 1998 is amended by the substitution of the following subsections for subsections (2) to (6):
|
|
| |
“(2) For the purposes of this Part a difference of treatment which is based on a characteristic related to any of the discriminatory grounds (except the gender ground) shall not constitute discrimination where, by reason of the particular occupational activities concerned or of the context in which they are carried out—
|
|
| |
(a) the characteristic constitutes a genuine and determining occupational requirement, and
|
|
| |
(b) the objective is legitimate and the requirement proportionate.
|
|
| |
(3) It is an occupational requirement for employment in the Garda Síochána, prison service or any emergency service that persons employed therein are fully competent and available to undertake, and fully capable of undertaking, the range of functions that they may be called upon to perform so that the operational capacity of the Garda Síochána or the service concerned may be preserved.
|
|
| |
(4) If—
|
|
| |
(a) the Minister is of opinion that the age profile of members of the Garda Síochána, prison service or any emergency service is such that its operational capacity is or is likely to be adversely affected, and
|
|
| |
(b) he or she by order so declares,
|
|
| |
the age ground shall not apply in relation to such competitions for recruitment to that service as are specified in the order.
|
|
| |
(5) In relation to discrimination on the age ground or disability ground, nothing in this Part or Part II applies in relation to employment in the Defence Forces.
|
|
| |
(6) In subsection (4)(a) the reference to the Minister, in relation to an emergency service, is a reference to the Minister of the Government with official functions in regard to that service.”.
|
