Sir, – There is no need for a change in the European treaties to permit one man and one woman to be nominated for European Commissioner, as argued by a letter writer ( September 1st). He has confused two entirely different concepts: that of quotas to balance gender under-representation in employment and positive actions to promote gender equality.
Narrow and rigid quotas giving an automatic and unconditional right to a job appointment in favour of men or women were forbidden following the famous German Kalanke case at the European Court of Justice in 1996. The court’s judgment stated that: “It thus permits national measures relating to access to employment, including promotion, which give a specific advantage to women with a view to improving their ability to compete on the labour market and to pursue a career on an equal footing with men.”
All forms of positive action measures remain legal. These include measures to promote the training of women, vocational and women-only enterprise grant schemes, adaptations in social security, the use of gender employment targets and national or company-based strategies for promotion of women, women-only employment awareness, return-to-work measures and measures to increase the candidature of women for jobs in employment sectors where they are under-represented. This was clarified by the European Commission in a press release of March 27th, 1996, and in its annual report on equal opportunities between women and men in 1996, of which I was editor.
European Commission president Ursula von der Leyen is perfectly in conformity with European treaties and legally binding directives in advancing a request for equal gender representation of candidates; being a candidate does not fix the outcome of the European Commission’s selection and decision process for the vacant post.
I am surprised that Mr Walsh did not make any reference to article 119 of the treaty establishing the European Community which was and is the basis for European and member state equal opportunity employment programmes and equal treatment directives over the last 40 years across all member states, including Ireland. – Yours, etc,
PAULINE CONROY,
Clonskeagh
Dublin 14.
Sir, – During the recent debacle, it was argued by many that this country could not afford to lose the influence of Phil Hogan as commissioner in Europe.
Now one of the names mentioned as his replacement is Simon Coveney.
Surely, with the imminent approach of Brexit, we at home cannot afford to lose a proven public servant to Europe. He is particularly needed at home. – Yours, etc,
MARION WALSH,
Donnybrook,
Dublin 4.