Blog by Kathryn Barr, Senior Policy Officer, Equality Commission NI

Every year, on the 1st of October, we celebrate the International Day of Older Persons.
 

 

Gaps in protections for older and younger people

 

Figures show (pdf) that Northern Ireland’s population continues to age. However, there are big gaps in our anti-discrimination legislation when it comes to protecting both older and younger people.

 

Currently in Northern Ireland, we have a patchwork of inconsistent equality legislation. One of the major issues is the lack of protection against age discrimination outside of employment.

 

As we celebrate the International Day of Older Persons, this means that older person may be discriminated against when they are trying to access services, such as healthcare or financial services, solely because of their age, they are not protected by equality law. This is different from other equality grounds. For example, generally, if a woman is discriminated against when accessing a service because she is a woman, she can take legal action.

 

Experiencing age discrimination

 

We are aware that both older and younger people are experiencing discrimination. Last year, we had at least 32 enquiries from individuals seeking advice about age discrimination when buying or accessing products, facilities, and services. Unfortunately, they have no legal protection against this kind of discrimination.

 

In 2014, the Institute for Conflict Research wrote a report for us called Strengthening protection for all ages against age discrimination outside the workplace (pdf). The report highlights examples of potential discrimination. These include older people being refused insurance once they reach a certain age. In one instance, an older man was unable to work because he was refused motor insurance.

 

Although this report is now 10 years old, older people continue to face discrimination. Only last week, I spoke at an event at Stormont with older people, organised by the All Party Group on Ageing and Older People. I heard a report of healthcare staff assuming an older person wouldn’t want a particular medical treatment just because of their age. I also heard concerns about banks relying on online banking. Some older people are being told their grandchildren should help them with their finances. The law needs to address unjustifiable discrimination in these areas.

 

There are situations when it is appropriate to treat older and younger people differently. The legislation should allow different treatment when it can be properly justified. For example, concessionary fares for older people, children, and young people.

 

Still waiting for age discrimination legislation

 

We welcomed previous commitments to introduce legislation, but we are still waiting.

The rest of the UK and Ireland have expanded protections against age discrimination in non-employment areas. It is unfair that older people, and children and young people, here do not have the same protections.

 

However, the legislation in Great Britain and Ireland is far from perfect with problems such as:

 

• Only protecting adults: All ages, including children and young people, should have protections. However, in Great Britain and Ireland, only adults have protection.

• Unjustifiable exceptions: For example, in Great Britain, a blanket exception allows age discrimination in financial services.

 

We have an opportunity to learn from other countries and reflect best practice while addressing our specific needs.

 

More than just their age

 

Older people are more than just their age. Their diverse experiences, skills, and contributions to society deserve recognition.

 

Wider problems with anti-discrimination laws in Northern Ireland impact groups such as older disabled people and older people from ethnic minorities. The best way to clarify, simplify, harmonise, and strengthen protections across the equality grounds is through single equality legislation. However, if this doesn’t happen, we must expand anti-discrimination legislation for age and reform protections for other grounds.

 

There has been significant effort over many years from the Commission to address these issues alongside older and younger people, their representatives, government departments, and politicians. We continue highlighting the need for change and hope you can join us.

 

You can help by:
 

1. sharing this webpage – www.equalityni.org/AgeLawReform – to raise awareness and inspire action.

2. engaging with colleagues about our recommendations and building support for change.

3. calling on key government officials and elected representatives, including the First and Deputy First Minister and the Executive Office Committee, to implement our recommendations.