.ltRUC ban on firearms for women is backed by European Court
The Times,
16 May 1986
The European Court of Justice ruled yesterday that the Chief Constable of the Royal Ulster Constabulary has the right to discriminate against women officers by banning them from carrying guns.
But in the test case brought by a 40-year-old, former full-time woman police reservist, it said such a ban was not a good enough reason to dismiss women.
The court ruled that Sir John Hermon can stop women officers in the force from carrying firearms in the interest of national and public security and where it could bring anxiety and result in them being less effective.
It said any woman reservist who lost her job because of the ban could appeal against the decision at an industrial tribunal in the province which would decide whether conditions in the north justified such discrimination.
The woman, unnamed for security reasons, was one of 40 full-time women reservists whose contracts were not renewed in 1980. If she wins an appeal at an industrial tribunal Sir John would be forced to give her back the job. In not renewing their contract, he said that the ban on carrying weapons meant they were unable to carry out security duties in the province.
After hearing of the judgment in Luxembourg, the woman who served in Newcastle, County Down, said: 'I am very pleased with the ruling. The court is saying that in some cases women are precluded from doing a particular job because they cannot carry firearms but we really did not have to be treated in the way we were because of that.'
She said she would take the case to an industrial tribunal. The court said that greater efforts should have been made to find alternative work for women within the force.
The judgement criticized the Government for using a Certificate of National Security in an effort to stop appeals to British courts and said such a document could not be used to stop British courts from reviewing Sir John's action.
Last night Miss Beverley Jones, of the Equal Opportunities Commission for Northern Ireland, said: 'The judgement establishes important points of principle relating to the paramount obligations of community law over domestic law, with exceptions relating only to the 'wholly exceptional situation' in Northern Ireland.'
Unlike their male colleagues, women members of both the regular RUC and its reserve have never been armed in spite of the 17 years of the troubles and the terrorist campaign.
The Home Office has no figures relating to women officers in England and Wales who are trained to use firearms.
