Vol. 456 No. 3
47 Mr. Shatter asked the Minister for Justice if she will consider changing the height regulations relating to male applicants who wish to join the Garda Síochána in order to ensure that men and women who wish to join the force are treated equally. [12981/95]
The law on the matter is as follows. Regulation 5 of the Garda Síochána (Admission and Appointments) Regulations 1988, specifies that the Commissioner shall not admit a person as a trainee unless, inter alia, if a male, he be not less that five feet nine inches in height and built in proportion and, if a woman, not less than 5 feet 5 inches in height. This 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 by the insertion of section 17B (1) (A) which provides 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 that Act applies this provision to the Garda Síochána.
I trust the Deputy would agree that equality considerations do not require that the physical requirements for a job must be identical for men and women. They require the elimination of unjustified discrimination as 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.
