Introducing Age Concern and AGE

1. Recent developments in Age Discrimination issues in EuropeRichard BakerNational Development ManagerAge Concern EnglandChairAnti-discrimination Expert GroupAGENIESR, LondonSeptember 29 2005

2. Introducing Age Concern and AGE • Age Concern • England wide Federation of 420 charitable organisations – NGO’s • Range of functions – influencing, services, development, representation and advocacy • Sister organisations in Scotland, Wales and Northern Ireland • AGE • European Federation of National and Regional organisations • 150 organisations across EU25 plus Norway and Candidate countries and European age networks • Influencing, stimulation of collaboration at EU level, development of member organisations

3. Presentation framework • Age and European policy • Age discrimination – European action • Impacts across EU 25 • Emerging issues • New developments

4. Age and European policy – the demographic challenge • Older population • Longer life • Lower fertility • Stable overall population numbers • Baby boomers – changing expectations • Changing population • Enlargement • Freedom of movement and migration • Diversity • Regional diversity in trends

5. Older Europe

6. The current European agenda on age • Opportunities and challenges of ageing • Economic development and employment of older workers • Inclusion and anti-discrimination • Pensions • Health • Broad impact on public finances – ECOFIN reports

7. The age issue – European targets • Lisbon strategy (2000) – key driver for European economic development and social inclusion • High levels of employment and economic contribution • Europe-wide targets for older workers by 2010 • 50% employment rate for people aged 55 to 64 • 5 year increase in the average age of labour market exit. • Key issues – Kok report • Jobs • Skills • Discrimination

8. Current performance

9. European timetable on age discrimination • 1957 - Treaty of Rome • 1997 - Treaty of Amsterdam – article 13 • 2000 - Race Directive, Employment Directive, Community Action programme • 2003 – Transposition deadline for Directives unless delay sought • 2004 – New members join EU – adopt acquis communitaire • 2006 – Final deadline for transposition

10. The impact of Age Discrimination • Economic costs – UK estimates range from £16 to £31 billion per annum in reduced output • Loss of Government revenue and increased benefits – UK estimates of £3 to £5 billion per annum • Adding to impact of increasing ‘dependency’ ratio - those drawing from public funds to those contributing – for EU rise from 24-27% between 2000 and 2010 • Long term social exclusion and poverty amongst older people disconnected from work and society • For individuals - exclusion from work, denials of treatment, goods and services • Failure to maximise productive resource to wider society - volunteering, caring, family support, social enterprise

11. The Employment Directive • Definitions • Direct, Indirect, Harrassment, Victimisation, Instructions • Scope • Access to employment and training, Terms and conditions, Membership of TU’s • Exemptions • Genuine Occupational Requirements, Positive Action, Exemptions • Consultation and promotion

12. Evaluating the Directive • Concerns • Restricted scope • Weak provisions – e.g no requirement for Equality bodies • Exemptions and loopholes • Positive effects • Bans age discrimination in employment • Part of approach to strategic issue • Platform for wider debate about age discrimination • Interface with broader equality agenda

13. Achieving Age Equality Integrated strategy Legislation Culture change Services

14. Slow early progress on Directive – AGE Annual reports • December 2003 – transposition deadline • 4 states transposed • 3 sought delay • 8 failed to transpose or seek delay • December 2004 • Still patchy but more progress • Infringement proceedings • Interesting developments in some states • Cross –cutting approaches • Varied practice on consultation • Inadequate focus on article 6 • Situation in 10 new members similar to EU 15

15. AGE Annual Report 2005 • Most countries now transposed or close to transposition • Estonia and Greece awaited • Germany, Sweden and UK legally delayed • Some interesting cross-strand equality initiatives • Existing – Ireland, Belgium • New – Lithuania, Hungary, Sweden, UK emerging • Integration of anti-discrimination into wider ageing or active ageing strategies • UK, France, Czech Republic • Some sub-national initiatives dependent on political systems • North Rhine Westphalia, Wales, Prabant • Specific issues and cases • Real issues about article 6 • inadequate policy analysis • Extension to social protection systems • Heyday challenge to UK transposition • Cross-strand cases – Rutherford in the UK • Post Directive cases - Mangold v Rudiger Helm in Germany • Challenge to lower age limit for Presidency in Lithuania! • High proportion of age cases in total equality workload for Commissions – eg 30% in Lithuania and the Netherlands, 51 in first year in France

16. Looking forward – the evolving European age agenda • Continuing focus on employment of older workers • Kok report • EU employment strategy • Impact of ageing on public finances – ECOFIN reports • Ageing and regional economic development – Cohesion policy • European Commission lead debate on demographic change – green paper in 2005 • Life-course approach • Inter-generationalism • Economic and social contributions • Open co-ordinations on health and pensions

17. Looking forward - Ageing and the wider equality agenda • European populations becoming older and more diverse • Older population diversifying • Older people face discrimination • Age • Other reasons – eg women’s pensions, isolation due to race and migration, language • Some interest in increasing debate • Causes of disadvantage and discrimination • Multiple discrimination • Human rights – life, family, health, employment • Interest in unified equality and diversity agenda • Need for legal framework • Narrative on equality • But political context at EU level not conducive for development • Mainstream agenda focused on economic and political issues • Disconnect between equality and mainstream agenda • Unanimity required in Council on article 13

18. What coming up – Europe and equality • 2000-2006 programming period concluding • Conference and progress reports – 27/28 November • European Commission Green Paper on Equality actions – June 2004 • Enlargement – race, Roma, migration, employment • Lisbon – growth and employment • Age – Focus on Employment but noted wider concerns • Report back on Green Paper – Den Haag – November 2004 proposed • EU mapping study on national legislative arrangements – reporting 2007 • European Year of Equal Opportunities – 2007 • Platform for further action?

19. NGO future actions • Continuing focus on quality of Employment Directive • Use of case law and legal challenges • Building awareness and access to rights • Broadening the agenda in Europe • Age discrimination in goods, facilities and services • Proposal for a draft Directive • Multiple identity and discrimination • Promoting equality machinery

20. Conclusions • Ageing increasingly high on EU agenda as a cross-cutting theme for policy • Key interactions with high level European priorities • Employment, economic development and budget impacts • Inclusion issues • Underperformance on key targets • Employment Directive has lead to step change in anti-discrimination agenda • Ongoing challenges in implementation • High levels of cases - ongoing refinement likely • Debate on next steps developing • Scope for further change long term and incremental • Need to continue to make connections between agendas and narratives • Can Europe respond?