Are Mandatory Gender Quotas the Solution?

In August 2014, we posted a blog relating to the potential introduction of gender quotas for non-executive directors at EU level. This is one of a number of gender quota proposals which have been publicised over recent years.

More recently, NUI Galway’s Gender Equality Taskforce issued a draft report via the Irish Times which recommended that mandatory gender quotas be introduced in NUI Galway in order to increase the number of female academics in senior posts. The taskforce was established following a successful gender discrimination case taken against the University. This is believed to be the first time gender quotas are being considered for the public sector and, if implemented, could have major implications for colleges and public sector employers.

Gender quotas have already been introduced in the political arena this year. In a recent High Court challenge, Mr Brian Mohan claimed that the legislation introducing gender quotas in Irish politics was unconstitutional. Mr Mohan, a Fianna Fáil (“FF”) member, was deemed ineligible on the basis of gender to be selected as a FF candidate in the Dublin Central constituency prior to the general election in February last. The Electoral (Amendment) (Political Funding) Act, 2012 compelled all political parties to field a minimum of 30% female and 30% male candidates for the first time on 26 February 2016. If political parties failed to meet this quota, half of their State funding will be withdrawn. The high Court, in dismissing Mr Mohan’s challenge held that he did not have the requisite legal standing to take this case and had also failed to prove that his exclusion from the Dublin Central selection convention was as a result of the legislation rather than a decision made at the discretion of the party. As such, the judgment did not address the constitutionality of gender quotas.

Some commentators believe that gender quotas are discriminatory as they require a selection to be made on the basis of gender. The extent to which they can be regarded as “positive discrimination”, which is permitted by national legislation has yet to be seen.

We will bring you further developments in this area as they arise. Authors: Niall Hayes and Julie Austin