Dáil Éireann Debate, Wednesday - 16 June 2004
126 Mr. Gilmore asked the Minister for Finance the general Civil Service grades in which personnel are prohibited from joining a political party and permitted to join a political party; the legislation or regulations on which this is based; and if he will make a statement on the matter. [18005/04]
View answerThe involvement of civil servants in politics is governed by the provisions of the Electoral Acts 1923 and 1992, the European Parliament Elections Act 1997 and various Civil Service circulars that set down the rules and guidelines in respect of the matter.
All civil servants above clerical officer level are prohibited from joining a political party and from engaging in political activity generally. This prohibition is contained in the Department of Finance's circular 21/32, Civil Servants and Politics, which states:
1. An official shall not be a member of an Association or serve on a Committee having for its object the promotion of the interest of a political party or the promotion or prevention of the return of a particular candidate to the Dáil.
2. An official shall not support or oppose any particular candidate or party either by public speaking or writing.
3. An official shall not make any verbal statements in public (or which are liable to be published), and shall not contribute to newspapers or other publications any letters or articles, conveying information, comment or criticism on any matter of current political interest, or which concerns the political action or positions of the Government or of any member or group of members of the Oireachtas.
Civil servants at clerical officer and similar levels may apply to the head of the Department or office for permission to join a political party and to engage in political activity generally, including standing for election to a local authority. This provision is outlined in circular 7/99, Civil Servants as Candidates for Local Authority Elections. This approval is subject to the condition that the Minister for Finance may, on the recommendation of the Minister in charge of the particular Department or office, declare that officers engaged in a particular category of work may not stand for local authority election.
Civil servants in the industrial and manual grades are free to join a political party and to engage in political activity generally, including standing for election to a local authority, under the terms of circular 7/99. No civil servant at any level is permitted to seek election to the Dáil or Seanad. Section 41(h) of the Electoral Act 1992 states that "a person who is a civil servant who is not by the terms of his employment expressly permitted to be a member of the Dáil shall not be eligible for election as a member or for membership of the Dáil". Section 11(2) of the European Parliament Elections Act 1997 provides that "a person shall not be eligible for election to the European Parliament if the person is subject to any disqualification applicable to membership of the Dáil referred to in paragraphs f to k of section 41 of the Act of 1992”.
In a decision of 26 July 2002 the Government decided that "all Ministerial and Attorney General Private Office staff holding temporary unestablished positions and whose tenure is coterminous with that of the relevant Minister/Attorney General be exempt from the general rules governing civil servants and politics". I consider that these long-standing arrangements are essential for the proper working of the Civil Service. I am sure Deputies will agree that it is in the public interest to ensure that civil servants are not involved in political activity and that they can offer impartial advice to all Governments. The independence of the Civil Service is an essential part of our democratic system.
