No. 17/1973:

CIVIL SERVICE (EMPLOYMENT OF MARRIED WOMEN) ACT, 1973

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Repeal of section 16 (2) (c) of the Commissioners Act.

3 Repeal of section 10 of the Regulation Act.

4 Amendment of section 11 of the Regulation Act.

5 Consequential amendments of the Commissioners Act.

6 Short title.

AN ACT TO REPEAL CERTAIN STATUTORY PROVISIONS RESTRICTING THE EMPLOYMENT OF MARRIED WOMEN IN THE CIVIL SERVICE AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE AFORESAID MATTER.

[31st July, 1973]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Commissioners Act" means the Civil Service Commissioners Act, 1956 ;

"the Regulation Act" means the Civil Service Regulation Act, 1956 ;

"the Civil Service" means the Civil Service of the Government and the Civil Service of the State.

2.—(1) Paragraph (c) of subsection (2) of section 16 of the Commissioners Act, which empowers the Civil Service Commissioners to provide in regulations under that section for competitions for appointment to positions in the Civil Service that a female candidate to be eligible for selection shall be unmarried or a widow, is hereby repealed.

(2) Subsection (1) of this section shall not apply by a competition in respect of which—

( a ) the date fixed by the relevant regulations for the purpose of the receipt of applications, is earlier than the commencement of this Act,

( b ) the selection of candidates for appointment under section 17 of the Commissioners Act is not at such commencement completed, and

( c ) the relevant regulations provide that to be eligible for selection a female candidate shall be unmarried or a widow.

(3) Notwithstanding subsection (2) of this section or section 17 (2) (b) of the Commissioners Act, a female candidate at a competition referred to in subsection (2) of this section who marries between the date fixed by the relevant regulations for the purpose of the receipt of applications and the completion of the selection of candidates for appointment shall not, by reason only of her marriage, be ineligible for such selection.

(4) If any question arises under this Act as to whether the selection of candidates for appointment is or is not completed the question shall be decided by the Civil Service Commissioners, whose decision shall be final.

3.—Section 10 of the Regulation Act, which requires the retirement on marriage from the Civil Service of women who are civil servants, is hereby repealed.

4.—Section 11 of the Regulation Act, which provides for re-admission to the Civil Service of certain widows, is hereby amended—

( a ) by the substitution of the following subsection for subsection (1):

"(1) In this section—

'the proper authority' means, in relation to a woman to whom this section applies, the authority who, if she had continued to serve in the position (in this section referred to as her original position) she held immediately prior to her retirement for the purposes of, on or following marriage up to the date an application is made by her under subsection (2) of this section, would be the appropriate authority in relation to her;

'woman to whom this section applies' means a woman who—

( a ) was a civil servant,

( b ) retired from the Civil Service for the purposes of, on or following marriage, and

( c ) is for the time being a widow or a woman who did not get married or in respect of whom it is established to the satisfaction of the Minister for Finance that she is not being supported by her husband.",

and

( b ) by the substitution of "woman to whom this section applies" for "widow to whom this section applies" where it occurs in subsections (2) and (3),

and accordingly the said section shall have effect in accordance with the Table to this section.

TABLE

11.—(1) In this section—

"the proper authority" means, in relation to a woman to whom this section applies, the authority who, if she had continued to serve in the position (in this section referred to as her original position) she held immediately prior to her retirement for the purposes of, on or following marriage up to the date an application is made by her under subsection (2) of this section, would be the appropriate authority in relation to her;

"woman to whom this section applies" means a woman who—

( a ) was a civil servant,

( b ) retired from the Civil Service for the purposes of, on or following marriage, and

( c ) is for the time being a widow or a woman who did not get married or in respect of whom it is established to the satisfaction of the Minister for Finance that she is not being supported by her husband.

(2) Where a woman to whom this section applies makes an application to the proper authority for re-admission to the Civil Service the following provisions shall, subject to subsection (3) of this section, have effect:—

( a ) if her original position was an established position she may, before it is decided to grant or refuse her application, be required to serve on trial for such period and in such position (not being an established position) as the Minister may determine;

( b ) if there is a suitable vacancy in a position which fulfils the conditions set out in paragraph (d) of this subsection and the proper authority would be the appropriate authority in relation to a civil servant holding that position then the proper authority may, if he thinks fit, appoint her to fill the vacancy in that position;

( c ) if, in the absence of a vacancy in a position of the type referred to in paragraph (b) of this subsection, there is a suitable vacancy in another position which fulfils the conditions set out in paragraph (d) of this subsection the authority (not being the proper authority) who would be the appropriate authority in relation to a civil servant holding that position may, if he thinks fit, appoint her to fill the vacancy in that position;

( d ) the following provisions shall apply in relation to the position to which a woman to whom this section applies may be appointed under paragraph (b) or (c) of this subsection—

(i) it shall be either—

(I) in the same grade as that of her original position, or

(II) in such grade or rank (being one which, in the opinion of the Minister, is equivalent to or lower than her original position) as the Minister may determine,

(ii) if her original position was an established position, it may be either an established position, or a position which is not an established position,

(iii) if her original position was not an established position, it shall be a position which is not an established position.

(3) ( a ) The Minister may from time to time prescribe conditions governing appointments under subsection (2) of this section and no woman to whom this section applies shall be so appointed unless such conditions are fulfilled.

( b ) An authority (being the proper authority or an appropriate authority who is not the Minister shall not exercise any power conferred on him by this section except with the consent of the Minister.

5.—The Commissioners Act is hereby amended by the substitution of the following sections for sections 21 and 24, respectively:

"Appointment to established position under section 11 of the Regulation Act.

21.—Where it is proposed to appoint, under section 11 of the Regulation Act, a woman to an established position, she shall not be appointed to that position unless and until she has been accepted by the Commissioners as qualified for appointment thereto.

Appointment to unestablished position under section 11 of the Regulation Act.

24.—Where it is proposed to appoint, under section 11 of the Regulation Act, a woman to an unestablished position, she shall not be appointed to that position unless and until she has been accepted by the Commissioners as qualified for appointment thereto."

6.—This Act may be cited as the Civil Service (Employment of Married Women) Act, 1973 .