Dáil Éireann debate -
Tuesday, 14 Oct 2003

Vol. 572 No. 3

Written Answers. - Public Service Recruitment.

John Cregan

Question:

240 Mr. Cregan asked the Minister for Finance the regulations in relation to employment in the Civil Service or wider public service for people with a previous police record or who have come to Garda attention at some stage of their life, with or without a formal arrest, court sentence and so on; if there are standard rules preventing their employment; if there is an appeal system by which a person can obtain clearance for an event that might be on their record for years and perhaps refers to their late teens or 20s; and if he will make a statement on the matter. [23180/03]

Minister for Finance (Mr. McCreevy)

The Civil Service and Local Appointments Commissioners are responsible for recruitment to the Civil Service and certain positions in the wider public service. The Civil Service is an equal opportunity employer. Recruitment to posts within the Civil Service is on the basis of merit and is contingent on applicants satisfying the stated eligibility requirements for open recruitment positions. These requirements are set out in the relevant statutory competition regulations and would include character and health in addition to academic and general ability.

When considering an applicant's suitability to compete for appointment to a post in the Civil Service, the commissioners are conscious of their responsibilities and legal obligations. The commissioners operate under the Civil Service Commissioners Act 1956 and section 17 of that Act obliges them to satisfy themselves in a number of respects before making an offer of appointment. Section 17(d) relates to suitability on character grounds. Having a criminal record need not necessarily prevent a person being appointed to a position in the Civil Service. Each such prospective appointment is examined on a case by case basis.

In addressing the issue of a criminal conviction, the commissioners would have regard to such matters as the nature of the post being filled; the location and sensitivity of the post being filled; the classification of the offence; the elapsed time since completion of the sentence; the age of the person at the time of the offence; the circumstances under which the offence was committed; the sentence passed or served; and whether the person has re-offended in the interim period. If the commissioners take a decision to proceed with the appointment of a person with a criminal conviction, no background information relating to this is supplied to the employing Department-office. Such sensitive information is treated as confidential. If the commissioners take a decision not to proceed with the appointment of a person with a criminal conviction, no background infor mation relating to this is supplied to the person concerned. Consequently, an appeal system does not exist. However, if the commissioners decide not to proceed to recommend a candidate for appointment on grounds of character, this would not prevent him or her from applying for Civil Service competitions in the future. The commissioners do not approve the appointment of a candidate if they have any reservations regarding his or her suitability.

As regards the question of having come to the attention of the police without formal charge or court appearance, such information would not generally come to the attention of the commissioners. However, if they become aware of any such information, it is treated as confidential and would be dealt with in the manner outlined above. It is worth noting that in assessing character, the commissioners must and do look beyond criminal convictions at the broader picture. A candidate who deliberately misleads the commissioners may be viewed more critically than one with an old criminal conviction and recent clear record.