Dáil Éireann Debate, Wednesday - 13 October 2004
101 Mr. J. Higgins asked the Minister for Finance when the working group of General Council, currently assessing the implications of the Protection of Employees (Fixed-Term Workers) Act 2003 for the terms and conditions for all temporary contract staff in the Civil Service, will publish its guidelines; and if he will make a statement on the matter. [24684/04]
View answerUnder the Protection of Employees (Fixed-Term Work) Act 2003, which came into effect in July 2003 to implement an EU directive, there are restrictions on rolling over fixed-term contracts. Employers may cite objective grounds for continuing to offer further fixed-term contracts or, in the absence of such grounds, are obliged under the Act to consider making staff permanent before continuing to employ them on a fixed-term contract when the time limits set by the Act have been reached.
In 2003, the Department of Finance agreed, under the conciliation and arbitration scheme, with the Civil Service unions that it would prepare a draft circular to Departments summarising the terms and conditions of the Act and, in addition, giving general advice on how it might be implemented with regard to pay, pensions, annual leave, family friendly schemes and a wide range of other human resource issues.
Work on a draft circular has been underway within the Department for some time in conjunction with the Office of the Attorney General. However, it became clear at an early stage in working on the circular that the question of permanency raises particular problems for the Civil Service. Under the law governing employment in the Civil Service, permanency is based on "establishment", that is, the process under which a person is appointed by the Civil Service Commissioners — now replaced by the Office of the Commission for Public Service Appointments — following a public competition. The link with the new Act dealing with staff on fixed-term contracts raises complex legal and human resource issues and these are being examined by the Department. It is the intention to give advice to Departments which is as clear and specific as possible.
On 3 June 2004, a meeting with the Civil Service unions took place, at their request. At that meeting, the Department of Finance tabled a draft circular in line with the commitment previously given. It was made clear that this was work in progress and that the aim was to have a full discussion on the text to identify the issues which needed to be addressed. Taking account of the views expressed, the Department would then prepare another draft to allow a further round of discussions to begin. However, one union, IMPACT, withdrew from the meeting, after which it was adjourned. IMPACT has since taken a number of cases to the rights commissioner service of the Labour Relations Commission. Preliminary hearings of these cases are scheduled to take place in the week beginning 18 October 2004.
Work is continuing within the Department on the draft circular on this issue. This will be finalised in light of the outcome of the cases about to be heard at the Labour Relations Commission.
