§ Mrs. GillanTo ask the Secretary of State for Education and Employment if he will make a statement on the impact on employees of the recent European Court of Justice ruling to permit positive discrimination in favour of women. [16418]
§ Mr. Andrew SmithThe judgment does not require an amendment to the Sex Discrimination Act 1975. It would therefore be inappropriate to make a statement.
§ Mrs. GillanTo ask the Secretary of State for Education and Employment what guidance he will issue to employers on the recruitment and employment of women following the European Court of Justice's ruling on positive discrimination in favour of women. [16415]
§ Mr. Andrew SmithWe have no current plans to issue guidance.
§ Mrs. GillanTo ask the Secretary of State for Education and Employment what discussions he has held with(a) the Minister for Women and (b) the European Union Social Commissioner on the European Court of Justice's ruling relating to positive discrimination in favour of women. [16416]
§ Mr. Andrew SmithI have held no such discussions.
§ Mrs. GillanTo ask the Secretary of State for Education and Employment what plans he has to amend United Kingdom sex discrimination legislation to permit positive discrimination in favour of women following the recent European Court of Justice ruling. [16414]
§ Mr. Andrew SmithThe issues raised by the judgment in the case of Marschallv. Land NordRhein Westfalen are complex. The implications are still being considered. The European Court of Justice's judgment does not require an amendment to be made to the Sex Discrimination Act 1975, because Article 2(4) of the Equal Treatment Directive (under which the judgment is made) operates as a derogation from the equal treatment principle. It permits Member States to have positive discrimination provisions in certain limited circumstances it does not require them to have such provisions.