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Seanad Éireann debate -
Wednesday, 17 Dec 1958

Vol. 50 No. 4

Civil Service Regulation (Amendment) Bill, 1958—Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

The Civil Service Regulation Act, 1956, and the Civil Service Commissioners Act, 1956, are expressed to apply to members of the staff of the Houses of the Oireachtas for a period of up to two years. The primary purpose of this Bill is to extend that period for a maximum of a further year.

It was intended that the 1956 Civil Service legislation should be followed by a Bill dealing fully with the staffing of the Houses of the Oireachtas. Unfortunately this latter Bill is not yet ready but it is the intention to introduce it in 1959.

The Bill also deals with two minor difficulties in interpretation of the 1956 Acts, which have been revealed in the practical operation of these Acts. The first point relates to Section 7 of the Civil Service Regulation Act, 1956, which gives power to the "appropriate authority" (i.e., usually the Minister in charge of an officer's Department) to discharge an officer serving on probation. It has been suggested that the Act permits of exercise of this power only at the conclusion of the probationary period. The amendment of Section 7 is designed to make clear that an "appropriate authority" may, where necessary, exercise his powers under the Section at any time during the probationary period.

The second point dealt with relates to civil servants recruited to what are known as "excluded positions". An "excluded position" is a temporary position covered by order made by the Civil Service Commissioners, the effect of which is to allow recruitment to the position otherwise than through Civil Service Commission competition. It was the intention that employment of a person in an "excluded position" should be limited to the period of validity of the covering order. Some doubt has arisen, however, as to whether the 1956 legislation gives full effect to this intention. The present Bill includes a clause which will put the matter beyond doubt.

Question put and agreed to.
Agreed to take remaining stages to-day.
Bill put through Committee, reported without amendment, received for final consideration and passed.
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