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,

F32[(aa) on the basis of nationality—

(i) any action taken by a public authority in relation to a non-national—

(I) who, when the action was taken, was either outside the State or, for the purposes of the Immigration Act 2004, unlawfully present in it, or

(II) in accordance with any provision or condition made by or under any enactment and arising from his or her entry to or residence in the State,

or

(ii) any action taken by the Minister in relation to a non-national F33[where the action arises from an action referred to in subparagraph (i),]]

or

(b) preferential treatment or the taking of positive measures which are bona fide intended to—

(i) promote equality of opportunity for persons who are, in relation to other persons, disadvantaged or who have been or are likely to be unable to avail themselves of the same opportunities as those other persons, or

(ii) cater for the special needs of persons, or a category of persons, who, because of their circumstances, may require facilities, arrangements, services or assistance not required by persons F34[who do not have those special needs, or]

F35[(c) the use of gender status or the collection, storage or use of gender-related information by insurance providers that is bona fide intended for any or all of the following purposes:

(i) reserving and internal pricing;

(ii) reinsurance pricing;

(iii) marketing and advertising;

(iv) life and health underwriting.]

F32[(2) In subsection (1)(aa)—

‘non-national’ has the meaning given to it by the Immigration Act 1999 and includes a category of nonnationals;

‘public authority’ means—

 (a) a Minister of the Government,

 (b) an immigration officer appointed or deemed to have been appointed under section 3 of the Immigration Act 2004,

 (c) the Commissioners of Public Works in Ireland,

 (d) a local authority within the meaning of the Local Government Act 2001,

 (e) the Eastern Regional Health Authority,

 (f) an area health board within the meaning of the Health (Eastern Regional Health Authority) Act 1999,

 (g) a health board,

 (h) a harbour authority within the meaning of the Harbours Act 1946,

 (i) a board or other body (not being a company) established by or under statute,

 (j) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

 (k) a company in which all the shares are held by a board or other body referred to in paragraph (i), or by a company referred to in paragraph (j).

(3) Nothing in subsection (1)(aa) shall derogate from any of the obligations of the State under the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003 or any act adopted by an institution of those Communities.]