asked the Minister for Justice why a person (name supplied) in Dublin cannot be reinstated in his position as prison officer within the prison service.
Ceisteanna—Questions. Oral Answers. - Prison Officer Reinstatement.
17.
The person referred to submitted his resignation in writing on the 9th July, 1975. His resignation was accepted and he left the prison service on that date. The position about reinstatement in the prison service is the same as in the rest of the civil service and there is in fact no provision for the reinstatement of a person who resigns in the circumstances which obtained in this case. It would of course be open to the person concerned to seek re-entry to the service by way of an open competitive examination conducted by the Civil Service Commissioners.
Is the Minister aware that the person was attending the prison doctor for depression as a result of which he did not make a responsible decision in tendering his resignation? The doctor recommended psychiatric treatment and, because of this, he acted impulsively in tendering his resignation, which he withdrew 12 hours later, and does the Minister not think that in those circumstances his case warrants special consideration or even an independent assessment of his case? It is not like the normal person tendering a resignation. This man withdrew his resignation within 12 hours. He was actually receiving treatment from the prison doctor. He had an exemplary record and would the Minister not think it worth while in the man's interest that his case should be reviewed?
I wonder if the Minister is aware that the person in question was ill at the time he submitted his resignation and did not realise the importance of what he was doing. He did try to withdraw his resignation later and seemingly was not able to do so. Could the Minister say if there is any mechanism available to him whereby the resignation could be withdrawn and the person get back into the service again?
I am advised that there is not such mechanism and that the only way he can be reinstated is to seek re-entry by way of open competitive examination. His resignation was offered and accepted. A great deal of consideration has been given to this case. I went into the position in great detail, from the point of view of the legalities of the situation as well, and I am satisfied that the only way he can get back is to reapply.
Can the Minister say if this person could be reappointed to the service in the public interests? Is there no other way a person can be brought back under special circumstances as we believe exist in this case?
I will have that aspect investigated, but on the information presently available the only way he can come back is as I indicated. I do not know what repercussions his readmission in the way the Deputy suggested might have and this would have to be considered.
Will the Minister have it examined?
Would the Minister consider valid a resignation from a man receiving treatment?
Yes, it has to be deemed to be valid. A resignation made by a person who was on duty, was not at that time sick or absent on sick leave, was a perfectly logical and rational step in the circumstances in which it was given and I would have no hesitation in deeming it valid.
Is the Minister saying he considers that an irrational act by a man who is under ongoing treatment normal? A man being treated for depression is capable of irrational behaviour. It is not the same as having a broken arm. That should be taken into consideration.
The Deputy is saying that the act was irrational, but I do not concede that it was.
But the man——
Next question. We must deal with other questions.
The resignation was withdrawn 12 hours later after a visit to a doctor. Would that not suggest to the Minister that the resignation was an irrational act?
The Deputy has made that point many times. Next question.
Did the authority to whom the resignation was tendered make any attempt to advise the man not to submit the resignation until he reconsidered the situation?
I am not aware of the details of the conservation that took place at the time of the handing in of the resignation. There is nothing to suggest in the reports I have received that this person was acting irrationally or was not in full capacity of his senses.
Did the Minister consider getting a medical report on the person in question?
I have had a number of medical reports by and on behalf of the person in question.
I have called the next question.
None of these reports led me to share the Deputy's view that this was an irrational act.
Did the Minister——
I have allowed the Deputy and his colleagues a lot of latitude on this question. We cannot debate this matter today.
Has the Minister seen a report from an independent psychiatrist from a Cork hospital about this man?
I have seen various medical reports but offhand I cannot recall whether there was one from an independent psychiatrist from a Cork hospital. I have seen medical reports on this man, none of which would suggest he was not capable of coming to a rational decision.
With the permission of the Ceann Comhairle, I propose to raise this question on the Adjournment.
I will communicate with the Deputy.