Recruitment to the Civil Service is governed by very specific legislative provisions, as provided for by the Civil Service Commissioners Act, 1956. In general, all recruitment is by way of open competition conducted by the Civil Service Commissioners. Accordingly, the only avenue of re-entry to the service open to former civil servants is by competing in and being successful at an open competition run by the Civil Service Commissioners. The raising of the upper age limits for these competitions — the maximum age for most competitions is now 50 — has facilitated the return of married women to the Civil Service by this means. The career break scheme, which was introduced in 1984, allows staff to take special leave without pay for periods from six months to five years for a number of purposes, including family responsibilities.
An exceptional arrangement was provided for in section 11 of the Civil Service Regulation Act, 1956, as amended by the Civil Service (Employment of Married Women) Act, 1973. Under these provisions women who left the Civil Service for the purposes of, on or following marriage, could in certain circumstances seek reinstatement to their former positions if they fulfilled specific criteria. The Labour Court has determined that this practice is discriminatory and contrary to the principle of equal treatment. It has recommended that the relevant statutory provisions be repealed.