Vol. 439 No. 7
41 Mr. R. Bruton asked the Minister for Finance if he has had any discussions regarding Government proposals to change the rules under which women can seek reinstatement to the public service; and if he has satisfied himself that such legislative proposals would pass the test of equality proofing.
The Deputy may recall that, in replying to a question on 27 October last, I informed the House that the statutory provisions permitting the reinstatement to their former positions of certain women who resigned from the Civil Service had been challenged by the Employment Equality Agency under the terms of the Employment Equality Act, 1977 and had been found by the Labour Court to be discriminatory and contrary to the principle of equal treatment. The court recommended that the relevant statutory provisions be repealed. Having taken legal advice on the matter, I informed the House at the time that I believed I had no option but to terminate the practice of reinstatement and introduce the appropriate amending legislation. My Department subsequently arranged for a Bill to be drafted to give effect to the Labour Court determination and consulted with Departments on the proposed repeal. The draft Bill was ready for submission to the Government when I learned that the Labour Court determination was to be the subject of judicial review by the High Court. As it appears that the grounds on which the Labour Court made its determination are being challenged in these proceedings, I have decided to suspend further action on the repeal of the legislation pending the outcome of the judicial review.
