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Tuesday, 9 Oct 2012

Written Answers Nos. 291 - 301

Public Sector Staff Dismissals

Questions (291, 292)

Richard Boyd Barrett

Question:

291. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform the number of dismissals there have been in the civil and public service in the past 10 years and in which Departments/sections; the number of these dismissals that were challenged in the courts or at the Employment Appeals Tribunal; and the outcome of these challenges. [43222/12]

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Richard Boyd Barrett

Question:

292. Deputy Richard Boyd Barrett asked the Minister for Public Expenditure and Reform the amount of public money that was spent defending unfair dismissal cases in the civil and public service in the past 10 years and the persons who make decisions to defend such cases. [43223/12]

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Written answers

I propose to take Questions Nos. 291 and 292 together.

The Civil Service Disciplinary Code sets out the procedures for dealing with dismissals in the Civil Service. Dismissals in other areas of the Public Sector are a matter for the relevant sector.

Prior to 2006, disciplinary and dismissal procedures were for the civil service as set out in Circular 1/1992. Under these procedures, it was the responsibility of the Government to decide whether a civil servant should be dismissed. Under these procedures my Department submitted each case to Government and so had an overview of the number of dismissals in the Civil Service. During the period 2002 to 2009, there were sixteen dismissals under these procedures (see table). (Where disciplinary proceedings had already commenced prior to July 2006 the case continued to be dealt with under the disciplinary procedures in Circular 1/1992).

Under the provisions of the Civil Service Regulation (Amendment) Act 2005, each Secretary General/Head of Office, has the authority, responsibility and accountability for carrying out a range of duties in their Departments/Offices. Among these are the management of all matters pertaining to the appointment, performance, discipline and dismissals of staff below the grade of Principal. The Disciplinary Code was revised in July 2006 to reflect the legislative changes and procedures for discipline and dismissals are now detailed in Circular 14/2006. Therefore, my Department is not generally consulted about discipline and dismissals cases as it had been in the past under the previous Code (Circular 1/1992). Accordingly, my Department does not have any details in relation to dismissals under the revised procedures introduced in 2006. It is a matter for each Head of Department having taken the appropriate legal advice to decide whether a case for unfair dismissal is defended or not.

Dismissal Cases from 2002 – 2009

Department

No. of Cases

Houses of the Oireachtas

1

Department of Agriculture & Food

4

Prisons Service

1

Department of Social and Family Affairs

1

Department of Finance

1

Department of Defence

1

Courts Service

1

Land registry

1

Department of Justice, Equality & Law Reform

3

Department of Communications, Marine and Natural Resources

1

Office of the Revenue

Commissioners

1

Croke Park Agreement Issues

Questions (293, 294, 295, 303)

Micheál Martin

Question:

293. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform the employer and union representatives that he met in the period 1 July to 18 September 2012 regarding issues relating to the Croke Park Agreement. [40271/12]

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Micheál Martin

Question:

294. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if he has met the social partners recently to discuss the Croke Park Agreement; and if he will make a statement on the matter. [40100/12]

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Micheál Martin

Question:

295. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if he has met or if he is planning to meet the social partners in the context of the Croke Park Agreement; and if he will make a statement on the matter. [38805/12]

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Joe Higgins

Question:

303. Deputy Joe Higgins asked the Minister for Public Expenditure and Reform if he will report on any recent discussions with the social partners. [38954/12]

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Written answers

I propose to take Questions Nos. 293 to 295, inclusive, and 303 together.

Following the publication of the Second Annual Report from the Public Service (Croke Park) Agreement Implementation Body in June last, together with the Taoiseach I met with the Body on 11 July. The Deputies will be aware the Body's membership includes representatives from the Public Services Committee of ICTU.

We took the opportunity to emphasise the need to accelerate the implementation of the various initiatives under the Public Service Agreement and to fully utilise the provisions of the Agreement to secure efficiencies and reforms.

I also hold periodic meetings with trade union leaders and officials of my Department meet with stakeholders including representatives of public service trade unions on a regular basis as part of routine consultation in the context of the implementation of the Agreement and the broader public service reform agenda.

In recent weeks the Government requested further proposals for savings and reforms from Ministers under the Agreement and those proposals are currently being examined. In this context the Taoiseach and I will be meeting with the Implementation Body again shortly as part of that process.

Croke Park Agreement Issues

Questions (296)

Micheál Martin

Question:

296. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform his views on whether the Croke Park Agreement should be renegotiated; and if he will make a statement on the matter. [38797/12]

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Written answers

The Public Service (Croke Park) Agreement is an agreement which requires staff cooperation with productivity, costs extraction and reforms to the public service covering the period to 2014. The Government has reaffirmed the key commitments under the Public Service Agreement 2010-2014 on pay rates and job security for serving public servants. These commitments are contingent on delivery of the necessary flexibilities by public servants.

Public Sector Allowances Review

Questions (297)

Micheál Martin

Question:

297. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform his plans to allow the information on all of the public sector allowances to be published; and if he will make a statement on the matter. [38808/12]

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Written answers

Following consideration by Government of my proposals in relation to the outcome of the review, details of classes of allowances on which Government decided will be abolished for new beneficiaries, approved for new beneficiaries subject to review and/or modification, and approved for new beneficiaries, are publicly available on my Department's website www.per.gov.ie. Lists of allowances and business cases submitted for review by my Department have also been published.

Freedom of Information Legislation

Questions (298)

Micheál Martin

Question:

298. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if he will provide an update on the commitments made in the Programme for Government in relation to amending the Freedom of Information Act; and if he will make a statement on the matter. [38802/12]

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Written answers

In July 2012 the Government approved plans to reform and extend Freedom of Information to all public bodies and I have submitted the General Scheme of the Freedom of Information Bill to the Oireachtas Joint Committee on Finance and Public Expenditure and Reform for its views and recommendations. The General Scheme of the consolidated Freedom of Information legislation was published on my Department’s website in September 2012. I expect to be in a position to publish the Freedom of Information Bill following careful consideration of the views to be furnished by the Joint Oireachtas Committee on the legislative proposals and the drafting of the Bill by the Office of the Chief Parliamentary Counsel in due course.

Questions Nos. 299 and 300 answered with Question No. 283.

Commissions of Investigation

Questions (301)

Micheál Martin

Question:

301. Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if he has decided the format that the new banking inquiry will take; and if he will make a statement on the matter. [41259/12]

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Written answers

The Deputy will be aware I strongly support the objective of undertaking an effective and legally robust parliamentary banking inquiry. In that context, I wish to advise the Deputy that a detailed Scheme of a Bill providing a comprehensive statutory framework for Oireachtas Inquiries are currently being finalised by my Department in consultation with the Office of the Attorney General. I plan to seek Government approval to publish the General Scheme and for the drafting of a Bill by the Office of the Chief Parliamentary Counsel shortly. Following publication of the General Scheme it is expected that work can proceed quickly on drafting a Bill for publication and enactment by the Oireachtas.

In terms of the format of a banking inquiry, the legislation will provide for the two main inquiry options available that would be consistent with the parameters laid down in the Supreme Court’s judgements in the Abbeylara case. These were set out in my letter to the Chairman of the Public Accounts Committee on 28 June 2012, a copy of which is published on the Oireachtas website. The legal advice received from the Office of the Attorney General has confirmed that a mixed inquiry combining elements of both approaches is also legally feasible.

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