I propose to take Questions Nos. 213 and 214 together.
The objective of the assignment of responsibility under sections 4 and 9 of the Public Service Management Act 1997 is to ensure that functions performed on behalf of a Minister and the Government are performed by an appropriate officer or an officer of appropriate grade or rank. The process has been operating in a satisfactory manner in my Department.
This process was recently reviewed in my Department in order to take account of various developments in the public service modernisation programme and to continue to reflect the requirements of section 9(1) of the Act. A revised outline of the assignment of responsibility and accountability within my Department was prepared in accordance with section 4(1)(c) of the Act. On foot of this, revised letters of assignment were issued to officers at principal officer grade and above in the Department. The details of these assignments are available on request from my Department.
The Public Service Management Act 1997 established a framework within which, subject to the Civil Service Regulation Act 1956, managerial responsibility, including powers of dismissal, for staff below the level of principal officer would be given to Secretaries General. The 1997 Act also envisaged, in section 9(1)(f), that Secretaries General could delegate most personnel functions, other than dismissal, to other civil servants. However, the practical implementation of these powers and functions is constrained by the Civil Service Regulation Act 1956, which reserves most disciplinary functions to Ministers as the “appropriate authority” for these matters. Under the 1956 Act, the authority to suspend a civil servant has, in practice, been delegated to certain officials of the Department.
The Civil Service Regulation (Amendment) Bill 2004, which is currently on Committee Stage in the Dáil will, inter alia, make Secretaries General the “appropriate authority” for civil servants below the rank of principal officer and they will then be responsible for managing all matters relating to performance, discipline and possible dismissal of those civil servants. The Minister in charge of the Department will continue to be the “appropriate authority” for civil servants at or above principal level.
Under the Social Welfare Acts I have authorised certain officials of the Department to appoint social welfare inspectors for specified purposes and to institute proceedings for an offence under the Acts. Decisions concerning entitlement to statutory schemes and insurability of employment are, under the Social Welfare Acts, made by deciding officers in the first instance and may be appealed to the chief appeals officer and decided by him or her or an appeals officer. These named officers are statutorily appointed by me in accordance with legislation and are completely independent in the exercise and discharge of their functions, which are specified in the Social Welfare Acts and regulations. The authority to make regulations is reserved to me.
There are a limited number of schemes administered by the Department which are not statutory schemes. Entitlement to these schemes is determined by officers of the Department in accordance with detailed conditions agreed, as appropriate by the Department of Finance. A person who is dissatisfied with a decision concerning his or her entitlement under these schemes has the right to seek a review by a higher officer. Decisions on matters such as the award of credits, recovery of overpayments and the furnishing of information in relation to claims are also made not by statutorily appointed officers but by officers of my Department in accordance with detailed published guidelines which are available on my Department's website. None of these decisions is reserved to me personally.
Five statutory bodies operate under the aegis of the Department, the Pensions Board, the Combat Poverty Agency, Comhairle, the Family Support Agency and the Social Welfare Tribunal. In addition, the pensions ombudsman comes under the remit of my Department. The authority to make appointments to State boards under the legislation governing these agencies is also reserved to me.
I am satisfied as to the operation of the processes as set out above. The details of the delegations referred to are available on request from my Department.
