§ Mr. Alasdair MorganTo ask the Secretary of State for Social Security what external legal advice she has taken concerning the compliance of the reduced earnings allowance with European law in relation to discrimination on the basis of gender. [42123]
§ Mr. DenhamThe question of whether the Reduced Earnings Allowance provisions comply with European Community law on grounds of gender is currently being 357W litigated before the Social Security Commissioner who has referred five cases to the European Court of Justice for a ruling. We have obtained external advice but it is not the normal practice to reveal the terms of legal advice received. We maintain that the Reduced Earnings Allowance provisions are in accordance with our obligations under Community law.