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Dáil Éireann debate -
Tuesday, 8 Feb 1994

Vol. 438 No. 4

Adjournment Debate. - Eligibility Criteria for Garda Síochána.

I thank you, a Cheann Comhairle, for allowing me to raise this issue. Existing Garda Síochána regulations specify that a man cannot be admitted as a trainee garda unless he is five feet nine inches in height while a woman can be admitted provided she is not less than five feet five inches in height. The regulations also obscurely require that both men and women be "built in proportion to their height". It is unclear in what circumstances applicants are regarded as disproportionate, and perhaps the Minister will explain that to the House.

These regulations are inappropriate, discriminatory, bizarre and largely irrelevant. For example, how can anyone seriously argue that it is in the public interest that a man of five feet seven inches be disqualified from joining the Garda force because of his height when a woman two inches smaller experiences no such difficulty? Men and women who wish to join the Garda should be treated equally and their recruitment should be based on their ability and capacity to be good members of the Garda force.

I had hoped the Minister for Justice would be here to explain why there are different height specifications which unfairly discriminate against men. Nevertheless, I am happy the Minister of State is present. Perhaps he will explain why it is essential and in the public interest that men are at least an extra four inches taller than women and why the Government insists on height requirements that have long since ceased to apply to police forces in most countries throughout the world?

When this anomaly was brought to my attention it occurred to me that if this requirement was a prerequisite to a person's appointment as Minister for Justice, a number of the Minister's predecessors would not have been appointed and probably would have been disqualified from the parade ground for gardaí newly admitted to the force on the celebratory day when they are accompanied by their families.

The Deputy would hardly be eligible.

It is appropriate that the Minister of State is present because if this requirement applied to Ministers of State appointed to the Department of Justice, the Minister of State, Deputy O'Dea, would clearly be excluded.

I do not wish to apply for a position in the Garda Síochána.

The current arbitrary rules relating to height discriminate against men and exclude many who could make a valuable contribution within the force to the fight against crime from joining the Garda. This unjustified and illogical discrimination between men and women should be brought to an end. I am asking the Minister for Justice and the Minister of State at that Department, as a matter of urgency, to revise the current Garda regulations to provide for equality of treatment in this area.

The Minister has insight, from an internal perspective, into the workings of the Garda but he should not assume that forever more he will be a Member of this House. If he happens to be in the unfortunate position whereby he loses his seat or voluntarily retires, with the great knowledge he has gleaned in the Department of Justice he should give the Garda force the opportunity to use his insight and skill and render himself eligible for qualification in the next Garda recruitment campaign.

Aithníonn ciaróg ciaróg eile.

In reply to Deputy Shatter's reference to me, different qualifications apply to the appointment of Ministers of State from those applying to the Garda.

They are more particular about the Garda.

Regulation 5 of the Garda Síochána (Admission and Appointments) Regulations, 1988, specifies that the Commissioner shall not admit a person as a trainee to the Garda Síochána if, in the case of a male, he is less than five feet nine inches in height and, in the case of a female, she is less than five feet five inches in height.

The 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, to provide 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 the Garda Síochána.

I trust the Deputy agrees that equality considerations do not require that the physical requirements for a job must be identical for men and women. They do, however, require the elimination of unjustified discrimination 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 at present.

The practical reality in the Garda Síochána is that, because of the nature of the employment, the requirement is that persons recruited should be of a minimum physical stature and physique to meet the day to day challenges which they encounter in the course of an ordinary day's work.

The Minister for Justice could just as well be asked to consider raising the height requirement for women to the men's standard — I could also make the point that equal does not necessarily mean the same.

The Minister is reading the script with a straight face.

A key element of the recently announced crime fighting package is the recruitment of more than 1,000 additional gardaí in the period 1995 to 1997. My Department, in conjunction with the Garda authorities and the Civil Service Commission, is currently making arrangements for holding a competition to recruit these gardaí. The Garda authorities wish to retain the present height requirements for this competition and I am disposed to be guided by them in this matter.

That is appalling discrimination against people of small stature.

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