Vol. 434 No. 6
24 Ms O'Donnell asked the Minister for Justice if, on equality grounds, she can justify the requirement that men be 5' 9" when women joining the forces need only have a height requirement of 5' 5"; and if she will make a statement on the matter.
The law on the matter is as follows. Regulation 5 of the Garda Síochána (Admission and Appointments) Regulations, 1988, specifies that the Commissioner shall not admit a person as a trainee unless, inter alia, if a male, to be not less than 5' 9” in height and to be built in proportion and, if a women, to be not less than 5' 5” in height. This height differential between the sexes is permitted by section 5 of the European Communities (Employment Equality) Regulations, 1985, which amends section 17 of the Employment Equality Act, 1977, by the insertion of section 17B (1) (A) which provides that: orders, regulations, rules, directions, instructions, arrangements or schemes to which that section applies shall not treat men and women differently except, inter alia, as to requirements relating to height. Section 17B (2) (a) of the Act applies this provision to An Garda Síochána.
I trust the Deputy would agree that equality considerations do not require that the physical requirements for a job must be identical for men and women. They require the elimination of unjustified discrimination as between men and women. The different height requirements for men and women in the Garda Síochána, which arise from the particular nature of the employment, are not contrary to equality law.
