Theresa Ahearn
Question:48 Mrs. T. Ahearn asked the Minister for Finance if a person who retired from the Civil Service in 1973 on marriage can return to work within the Civil Service; and if he will make a statement on the matter.
Written Answers. - Reinstatement in Civil Service.
The person concerned applied for reinstatement in the Civil Service in 1990 but her application was not successful as she did not meet the statutory criteria for reinstatement contained in section 11 of the Civil Service Regulation Act, 1956, as amended by the Civil Service (Employment of Married Women) Act, 1973. This is the only statutory authority for the reinstatement of women to their former positions and it was clearly intended as a limited exception to the general rule that entry to the service is by way of open competition only.
Since that application was dealt with, the Labour Court, in response to a complaint made by the Employment Equality Agency, has determined that the statutory provisions in question are discriminatory and contrary to the principle of equal treatment. The Court recommended that the provisions be repealed. The Labour Court Determination has recently been challenged in the High Court by means of judicial review and further action concerning the repeal of the provisions has been deferred pending the outcome of that review.
Of course, the person concerned may seek reappointment to the Civil Service by means of the open competitions which are held by the Civil Service Commission at various levels from time to time. The raising of the upper age limits for these competitions in 1991 — the maximum age for most competitions is now 50 — has facilitated the return of married women to the Civil Service by this means.