‘Making Older People Equal: Reforming the Law on Access to Education and Other Services’

Age-based discrimination in the supply of goods and services (including educational services) has only very recently been outlawed in the United Kingdom by the Equality Act 2010, the relevant sections of which have not yet been brought into force. This paper critically considers the Act and its implications, as well as the current proposal for an EU Directive on Goods and Services.The greatest immediate potential of the Equality Act lies in the general prohibition against age discrimination and the scope of the exceptions to it. The paper argues that exceptions permitting service providers to discriminate against older people (i.e. negative exceptions) should be very specifically set out in the reforming legislation.There should be no general defence to a claim of age discrimination based around the concept of ‘reasonableness’, which would not be consistently interpreted by courts and tribunals in a way that steers clear of traditional ageist assumptions and stereotyping.The paper argues that service providers should be permitted to discriminate in favour of older people (i.e. make positive exceptions) if the reason for doing do so satisfi es legislative criteria which are designed, amongst other things, to meet the particular needs of older persons or to promote social inclusion. Under this proposal, preferential treatment such as age-related concessionary fees for adult education courses and programmes would be lawful.

Popular Writers: Women Historians, the Academic Community and National History Writing

The research for this paper formed part of the European Science Foundation project on Representations of the Past: The Writing of National Histories in Europe. Using data generated by the project, the article traces the emergence of professional academic women historians in twentieth-century European universities. It argues that the marginalisation of women historians in academia until the 1980s led women history graduates to develop research-based careers outside the university. In particular, the ambiguous attitude of academic historians towards popular history writing opened up a space for the woman author. The article analyses the careers and writings of five historians who pursued very successful careers as authors of popular history in England, France, Ireland and Scotland. They were among the first 'public' historians.

Making Older People Equal: Reforming the Law on Access to Education and Other Services

This article suggests how the law should be reformed throughout the United Kingdom to better protect older people against inappropriate discrimination.

Lawyers in a Divided Society: Legal Culture and Legal Services in Northern Ireland",

Also published as Ch. 9 in Tomorrow's Lawyers (ed. P. Thomas) Oxford: Blackwell 1992. (With M. Fox.)