Dáil Éireann Debate, Tuesday - 12 April 2005
717 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the criteria by which certain categories of employees in his Department, for example, cleaners at Garda Headquarters, Phoenix Park, Dublin 7, are accepted as established, giving them significant pension rights; the criteria by which they are refused such rights; and if he will make a statement on the matter. [10553/05]
View answerEmployment in the Civil Service is governed by a particular legal framework with well-defined procedures and practices. The Civil Service Regulation Act 1956 sets out the terms and conditions upon which civil servants are appointed. It also distinguishes between an established civil servant and an unestablished civil servant. Pension terms flow from the employment status of the employee. Established civil servants have access to the superannuation scheme for established civil servants. Unestablished civil servants have access to the non-contributory pension scheme for non-established state employees.
An employee cannot be made a permanent established civil servant unless he or she fulfils the requirements for establishment. For practical reasons certain civil service grades are recruited at local level rather than by an open competition run by the Public Appointments Service. This is the case for a number of grades working in the Garda organisation, such as the cleaners referred to by the Deputy. These staff are employed as unestablished civil servants. However, competitions have been held from time to time at which officers who are serving in an unestablished capacity and who fulfil the eligibility requirements for the competition may compete for establishment. The Public Appointments Service is currently holding such a competition to assess candidates' suitability for establishment.
