ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052309
Parties:
| Complainant | Respondent |
Parties | Liam Scott | National Driving License Service |
| Complainant | Respondent |
Representatives | Self - Represented | Ms Ruth Mylotte BL instructed by McCann Fitzgerald LL |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00064036-001 | 06/06/2024 |
Date of Adjudication Hearing: 28/01/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 25 of the Equal Status Act, 2000following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury were explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered but not deemed necessary.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Complainant sought to renew his driving licence in early 2024. He sought a 10-year licence. This was allegedly refused by the NDLS on the basis of his age. He was given a licence valid to 29th April 2027 at which stage he will be required to apply again under the post age 75 rules. The Complainant alleged that he was being discriminated, treated “less favourably” than others, on the basis of his age. |
1: Summary of Complainant’s Case:
The Complainant, who was self-represented, gave an extensive Oral testimony and exhibited lengthy correspondence between himself and the NDLS. He strongly maintained that the refusal to give him a 10 year licence (he was aged 73 years) was “unfavourable” treatment. He was a most impressive Oral Witness and argued his case strongly relying on an extensive legal knowledge and detailed documentation. |
2: Summary of Respondent’s Case:
The Respondent, the National Driving Licence Service -NDLS was represented by Ms Mylotte BL. Extensive Oral testimony was given, supported by a detailed Written submission. In essence the Respondent argued that they were carrying out a National and EU statutory duty set down in Legislation regarding the issue of Driving Licences. Attention was drawn in particular to Regulation 41 of the Road Traffic (Licensing of Drivers) (Amendment) regulations of 2022 which states that “A Driving licence may be granted, where the person is 72 years or more, for a period of three years” Extensive further supportive , EU and Irish legislative, material was also quoted in the Respondent submission. As the Respondent was carrying out a statutory duty, laid down by the Houses of the Oireachtas, no case of discrimination could arise. Reference was made to Section 14 of the Equal Status Act ,2000, which states Certain measures or activities not prohibited. 14.—(1) Nothing in this Act shall be construed as prohibiting— (a) the taking of any action that is required by or under— (i) any enactment or order of a court, (ii) any act done or measure adopted by the European Union, by the European Communities or institutions thereof or by bodies competent under the Treaties establishing the European Communities, or (iii) any convention or other instrument imposing an international obligation on the State,
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3: Findings and Conclusions:
The Legislative provisions are clear cut in Section 14 of the Equal Status Act,2000 as quoted above. The Driving Licence regulations are a legislative enactmentand as such allow and require the NDLS to follow the published rules concerning Driving Licences. Regrettably for the Complainant his complaint of Unfavourable Treatment has to fail on these grounds. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 25 of the Equal Status Act, 2000 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA: - 00064036-001
The complaint has to fail as the provisions of Section 14 of the Equal Status Act 2000 apply.
Dated: 15th of April 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Driving Licences, NDLS, Equal Status Act. |