Civil Law (Miscellaneous Provisions) Act 2008

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PART 14

Equal Status

Amendment of Equal Status Act 2000.

76.— The Equal Status Act 2000 is amended—

(a) in section 2(1) (as amended by section 47 of the Equality Act 2004 ) by inserting the following after the definition of “ family status ”:

“ ‘ Gender Goods and Services Directive ’ means Council Directive 2004/113/EC of 13 December 2004 ¹ implementing the principle of equal treatment between men and women in the access to and supply of goods and services”,

(b) in section 5—

(i) in subsection (2)—

(I) by substituting “Subject to subsection (4), subsection (1)” for “Subsection (1)”,

(II) in paragraph (d), by inserting “(other than on the gender ground or in any other circumstances to which the Gender Goods and Services Directive is relevant)” after “assessment of risk”, and

(III) by inserting the following after paragraph (d):

“(da) differences in the treatment of persons on the gender ground, or in any other circumstances to which the Gender Goods and Services Directive is relevant, related to the assessment of risk in respect of classes of insurance to which this paragraph applies pursuant to subsection (3) where the treatment—

(i) is effected by reference to—

(I) actuarial or statistical data obtained from a source on which it is reasonable to rely, or

(II) other relevant underwriting or commercial factors,

and

(ii) is reasonable having regard to the data or other relevant factors,”,

and

(ii) by inserting the following after subsection (2):

“(3) The classes of insurance to which paragraph (da) of subsection (2) applies are—

(a) those classes of insurance named ‘ Motor Insurance ’ in Part B of Annex I to the European Communities (Non-Life Insurance) Framework Regulations 1994 ( S.I. No. 359 of 1994 ),

(b) those classes of insurance, being life assurance, specified as Class I, III or IV in Part A of Annex I to the European Communities (Life Assurance) Framework Regulations 1994 ( S.I. No. 360 of 1994 ), and

(c) those classes of insurance which are contracts of insurance, or other insurance arrangements, which fall within paragraph (d) of the definition of ‘health insurance contract’ in the Health Insurance Act 1994 if, but only if, the differences in treatment referred to in paragraph (da) of subsection (2), in so far as they relate to such contracts or arrangements, as the case may be, are permitted by the law of the place where such contracts or arrangements, as the case may be, are marketed.

(4) With effect on and after 21 December 2009, nothing in subsection (2) shall be construed to permit differences in the treatment of persons in relation to premiums and benefits payable under insurance policies based, whether in whole or in part, on costs incurred by insurers in relation to pregnancy and maternity.

(5) Subject to section 41(2A), the Central Bank and Financial Services Authority of Ireland (within the meaning of the Central Bank Act 1942 as amended by the Central Bank and Financial Services Authority of Ireland Act 2003 ) shall compile, publish and maintain data relevant to the use of gender as a determining actuarial factor in the assessment of risk in relation to the classes of insurance to which paragraph (da) of subsection (2) applies pursuant to subsection (3).”,

(c) in section 21 (as amended by section 54 of the Equality Act 2004 )—

(i) by inserting the following after subsection (1):

“(1A) If the grounds for such a claim as is referred to in subsection (1) arise—

(a) on the gender ground, or

(b) in any other circumstances (including circumstances amounting to victimisation) to which the Gender Goods and Services Directive is relevant,

then, subject to subsections (2) to (7) and (8) to (11), the person making the claim may seek redress by referring the case to the Circuit Court instead of referring the case to the Director under subsection (1) (and, if the case is referred to the Circuit Court, no further appeal lies, other than an appeal to the High Court on a point of law).”,

(ii) in subsections (2)(b) and (3)(a) and (b), by inserting “or, as the case may be, the Circuit Court” after “Director”,

(iii) in subsection (4), by substituting “or, as the case may be, the Circuit Court shall not investigate a case unless the Director or the Circuit Court, as the case may be,” for “shall not investigate a case unless he or she”, and

(iv) in subsection (6)(b), by inserting “or, as the case may be, the Circuit Court” after “Director”,

(d) in section 27 (as amended by section 61 of the Equality Act 2004 ), by inserting the following after subsection (4):

“(5) The types of redress for which the Circuit Court may provide on a reference under section 21(1A) are either or both of the following as may be appropriate in the circumstances of the particular case:

(a) an order for compensation for the effects of the prohibited conduct concerned (including compensation for loss and damage suffered by the person injured as a result of the prohibited conduct in a way which is dissuasive and proportionate to the loss and damage suffered);

(b) an order that a person or persons specified in the order take a course of action which is so specified,

and no enactment relating to the jurisdiction of the Circuit Court shall be taken to limit the amount of compensation which may be ordered by the Circuit Court by virtue of this subsection.”, and

(e) in section 41 (as amended by section 65 of the Equality Act 2004 ), by inserting the following after subsection (2):

“(2A) The Minister may make regulations prescribing the form, frequency of publication and content of data required to be compiled, published and maintained under section 5(5) but, before making any such regulations, shall consult with the Minister for Finance.”.

¹OJ L373, 21.12.2004, p. 37