asked the Minister for Finance whether he will take steps to ensure that in future, when any employee of the State is accused of a misdemeanour or offence connected with his employment, an investigation of the innocence or guilt of the employee will be carried out prior to any action, whether by dismissal or otherwise, being taken against him.
Ceisteanna—Questions. Oral Answers. - Action against State Employees.
15.
It is unnecessary for me to take steps of the kind suggested by the Deputy as it would be contrary to existing practice for a State employee accused of a misdemeanour or offence connected with his employment to be dismissed without an investigation of his innocence or guilt. In accordance with Section 13 of the Civil Service Regulation Act, 1956, a civil servant may be suspended from duty in certain circumstances, but no loss of pay results if, on investigation, he is found to be innocent of any offence.
In a case where there is a decision to prosecute, would the Minister not postpone dismissal until the case has been heard in the courts?
I cannot undertake to do that anyway.
Might I give the Minister an example? Take a postman who is accused of, say, stealing a postal package, who is dismissed on the spot and subsequently prosecuted. He may be acquitted by the court.
I am afraid we have to retain the power to dismiss a man before he goes to court.
In a case like that, would the Minister consider suspension until the case is heard before the courts?
He is guilty as soon as someone suspects him.
The Minister will appreciate that his case is prejudiced by reason of the fact that he has been dismissed by the Minister for Finance.