Vol. 458 No. 8
111 Mr. Kenneally asked the Minister for the Environment in respect of any agencies under the aegis of his Department, including his Department, local authorities and State agencies, if public servants when attending court cases to give evidence in respect of their employers are entitled to travelling expenses, a subsistence allowance and a day's annual leave and compensation from the court: and if he will make a statement on the matter. [17746/95]
The procedures governing the attendance of civil servants as witnesses on behalf of the State are set out in Department of Finance Circular No. 5/52. In accordance with these procedures, attendance in court is regarded as part of official duties and travelling expenses and subsistence allowance are granted subject to the usual regulations. In these circumstances, the question of annual leave does not arise. In civil proceedings, where the State is successful, the State would normally claim the travelling and subsistence expenses payable to the officer by his/her Department as part of the overall State costs.
Local authority staff attending court on behalf of their employer are similarly entitled to travelling and subsistence expenses in accordance with approved rates. Such attendance in Court would be regarded as part of normal duties and the question of leave would not arise.
The attendance in court of staff of State bodies under the aegis of my Department is a matter for the bodies themselves and I have no information on how the matter is dealt with by them.
