Employment Equality Act 1998

Garda Síochána and prison service.

27

27. (1) With regard to employment in the Garda Síochána or the prison service F50 [ and without prejudice to section 25 ] , nothing in this Act—

( a) applies to the assignment of a man or, as the case may require, a woman to a particular post where this is essential—

(i) in the interests of privacy or decency,

(ii) in order to guard, escort or control violent individuals or quell riots or violent disturbances, or

(iii) in order, within the Garda Síochána, to disarm or arrest violent individuals, to control or disperse violent crowds or to effect the rescue of hostages or other persons held unlawfully, or

( b) prevents the application of one criterion as to height for men and another for women, if the criteria chosen are such that the proportion of women in the State likely to meet the criterion for women is approximately the same as the proportion of men in the State likely to meet the criterion for men.

(2) ( a) If—

(i) in the opinion of the Minister there are insufficient numbers of either men or women serving in the Garda Síochána to be assigned to such posts as are for the time being referred to in subsection (1)(a), and

(ii) the Minister by order under this subsection so provides,

this Act shall not apply to such competitions for recruitment to the Garda Síochána as may be specified in the order.

( b) If—

(i) in the opinion of the Minister there are insufficient numbers of either men or women serving in the prison service to be assigned to such posts as are for the time being referred to in subsection (1)(a), and

(ii) the Minister by order under this subsection so provides,

this Act shall not apply to such competitions for recruitment to the prison service as may be specified in the order.

Annotations:

Amendments:

F50

Inserted (18.07.2004) by Equality Act 2004 (24/2004), s. 18, commenced on enactment.