1. 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

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

3. 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

4. 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

5. 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

6. 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

7. 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’.

8. 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

9. ECNI powers and duties We 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.

10. 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.

11. 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.