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Dáil Éireann debate -
Tuesday, 20 Oct 1981

Vol. 330 No. 1

Written Answers. - Appeals Machinery.

490.

asked the Minister for the Public Service whether there are any persons or bodies of persons established by administrative action or otherwise and having a specific appeals function operating within his Department or within bodies for which he is responsible; and if he will indicate: (i) the number of such bodies, (ii) the title of each body, (iii) how each body was established and (iv) the number of appeals lodged and upheld by each body in 1941, 1951, 1961, 1971 and in each of the last five years.

There are no persons or bodies of persons established within either my Department or the bodies for which I am responsible which have a specific appeals function. Occasionally an appeal may be lodged against a decision of the Civil Service Commissioners to reject a candidate for employment on the grounds of health. In such a case a second medical opinion is obtained. These appeals never number more than about six cases a year.

491.

asked the Minister for the Public Service the formal appeals open to a public servant who is aggrieved regarding his decisions concerning: (i) establishment, (ii) promotion, (iii) salary, (iv) increments, (v) pension, (vi) grading and (vii) dismissal; the basis for each form of appeal; and the number of appeals lodged and upheld under each heading in each of the last ten years.

The regulation and control of the Civil Service are provided for in the Civil Service Regulation Acts, 1956 and 1958 and aspects relating to appointments, including promotion, are governed by the Civil Service Commissioners Act, 1956. The Acts do not provide for a formal appeals procedure against decisions by the Minister for the Public Service in individual cases in respect of the items mentioned. General issues in relation to remuneration and certain conditions of civil servants, however, are subject to the formal procedures of the conciliation and arbitration scheme for grades covered by this scheme and, in the case of industrial employees, to the Industrial Relations Acts. Of course every civil servant is afforded an opportunity of submitting through the normal channels, or through his staff association if he so wishes, any representations he may wish to make to the Head of the Department on any matter affecting his official position.

The position regarding other public servants is governed by a wide variety of statutes, regulations and procedures. Decisions in individual cases on the items mentioned are mainly assigned to other Ministers and authorities.

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