Sheriff challenges mandatory retirement age

A Sheriff from County Monaghan has initiated High Court proceedings seeking to overturn the mandatory retirement age requirement that would require him to leave office at 70 years of age. Mr Seamus Mallon, a qualified solicitor based in Castleblayney, was appointed Sheriff under the Courts Officers Act 1945 and challenges the constitutionality of the retirement provision contained therein. His judicial review application names the Minister for Justice, Ireland, and the Attorney General as respondents. Mr Mallon contends that the mandatory retirement age provision constitutes unlawful age discrimination and fails to comply with EU directives on equal treatment in employment. He argues the Minister has not provided objective justification for maintaining the retirement threshold at 70 years. Mr Mallon seeks an order quashing the Minister's decision and a declaration that the relevant section of the 1945 Act is incompatible with EU law. Permission to bring the challenge was granted on an ex-parte basis by Mr Justice Anthony Barr, with the matter returnable in November.