Section 11 of the Civil Service Regulation Act, 1956, as amended by section 4 of the Civil Service (Employment of Married Women) Act, 1973, provided for the reinstatement in the Civil Service of women who had resigned their positions for the purposes of, on or following marriage in certain limited circumstances, viz. if they were widowed, if they did not marry or if it was established to the satisfaction of the Minister for Finance that they were not being supported by their husbands. I should clarify the position in relation to the Labour Court Determination to which the Deputy refers. Far from finding that the reinstatement provisions are discriminatory against women, the Labours Court found that these provisions discriminate in favour of certain women and against other women and all men. Having considered the arguments put forward by the parties, the Labour Court concluded that the whole scheme for the reinstatement of some women in the Civil Service is discriminatory and contrary to the principle of equal treatment. Having regard to the changes in relation to the employment of women since the provisions were enacted, the court took the view that there is now no justification in making special provision to enable some women to be readmitted to the Civil Service through exceptional procedures and that all recruitment to the service should be open competition through the Civil Service Commission. They recommended that the reinstatement provisions should be replaced.
