Debate contribution: Age Discrimination (Goods, Facilities and Services) Bill: Second Stage

Debate contribution by Mrs Deborah Erskine on 20 October 2026.

MLA: Mrs Deborah Erskine
Party at the time: Democratic Unionist Party
Date: 20 October 2026
Type: Debate contribution
Business: Private Members' Business
Heading: Age Discrimination (Goods, Facilities and Services) Bill: Second Stage
Assembly identifier: Official Report component 5798749

Text

I thank the Bill sponsor for that intervention. It will be important to get clarity on how implementation will be supported and whether the proposed commencement period is sufficient as we scrutinise the Bill in Committee, given that, as we know, it takes time to implement things in full. Secondly, we need to consider the proposed guidance. Clause 44 requires the Department to issue guidance before the substantive provisions come into operation. Again, that guidance will be particularly important in explaining the prohibition of discrimination, the objective justification defence and the circumstances in which exceptions may apply. Under clause 2, differential treatment may be lawful where it can be shown:
"to be a proportionate means of achieving a legitimate aim."
That is an important principle, but it can be difficult to apply in practice. How will a small business determine whether an age-based distinction is proportionate? What evidence will a public authority need to demonstrate that a policy is justified? How will an organisation distinguish between an unlawful blanket restriction and a legitimate decision based on safeguarding, welfare, risk or the needs of a particular service user? Guidance must do more than just restate the law; it should provide clear, practical examples of lawful and unlawful conduct; explain the evidence that may be required to justify the differential treatment; and help organisations to make informed decisions before disputes arise. I also ask whether guidance alone will provide sufficient clarity or whether further regulations and sector-specific advice will be needed. A third issue concerns the scope of the protected characteristic itself. Clause 1 provides that age is a protected characteristic and expressly includes "assumed age". Clause 9 limits the application of the relevant provisions to those who have attained the age of 16. Both provisions deserve careful consideration. Why has the Bill adopted a lower age threshold of 16, and what evidence supports that approach? How does it compare with the legal framework in England, particularly the approach taken under the Equality Act 2010? We have started to discuss some of those issues in the Executive Office Committee.

347 words. Text as published by the Northern Ireland Assembly.

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