Written Answers Nos. 15 - 18
15. Deputy Michael McCarthy asked the Minister for Public Expenditure and Reform when he expects the public sector recruitment embargo to be completely lifted; the extent to which he expects recruitment to take place across the public sector in 2016; and if he will make a statement on the matter. [35862/15]
View answerThe Deputy will recall that at the time of my Expenditure Statement last October I announced an end to the Moratorium on recruitment and promotion in the public service, to be replaced with new delegated management arrangements to be phased in during 2015 and 2016. These arrangements, which now apply to most Government departments give public service managers the means to respond to service needs as they arise, including considerable flexibility to make staffing and service level delivery decisions at the front line consistent with the resources allocated to pay budgets.
These new arrangements represent a significant shift away from centralised control and allow for greater flexibility in the management of public service staffing resources. The new approach has also facilitated the introduction of a targeted programme of recruitment into the civil service - my area of direct responsibility in terms of public service employment overall - to address service needs and a shortfall in key skills.
As far as the Civil Service is concerned significant recruitment has already occurred this year. At this stage, in advance of the outcome of various competitions, it is not possible to be definitive about actual numbers that will be recruited to the Civil Service in the course of 2016. These will be determined by a number of factors including workforce planning, retirement rates and Departments' deciding on their optimal grade mix over the period ahead, with reference to their pay budgets.
It is important to note, that the new arrangements remain consistent with the maintenance of appropriate controls on public service numbers consistent with the resources available for the public service pay bill overall. For example, as of end-June 2015, the latest audited numbers available, public service numbers stood at 293,811 in full-time equivalent terms which represents a significant reduction on the 2008 figure of 320,387.
16. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform further to Parliamentary Question No. 290 of 23 June 2015, his views on concerns that the in-house complaints process results in only 4% of cases being re-examined; the reason for this low level; if he is aware that there are now three judicial reviews pending against decisions made by the Ombudsman; his views on an independent review of the in-house complaints process to ensure that it is robust and fair, and does not lead to unnecessary and expensive court challenges; and if he will make a statement on the matter. [35895/15]
View answerThe Ombudsman is independent of Government and is accountable to the Houses of the Oireachtas. There is no statutory appeal of the outcome of investigations by the Ombudsman, and, given the independent nature of the Office, it would not be appropriate to have one. The Ombudsman reports to the Joint Oireachtas Committee on Public Service Oversight and Petitions which is responsible for receiving and debating the Ombudsman's annual and special reports, and for ensuring that his findings and recommendations are acted upon.
However, the Ombudsman has a voluntary non-statutory internal appeals procedure to cater for persons who are not satisfied with the outcome of their complaint to the Ombudsman and wish the Office to re-examine their complaint. In 2014, 4% of complainants decided to avail of the appeals procedure. This seems an appropriate figure, particularly as most complainants have previously been through the appeals procedure of the public service provider against whom they are complaining before contacting the Ombudsman. I am not aware of any concerns over the Ombudsman's appeals procedure.
To date the Ombudsman has not been the subject of a judicial review. The website of the Courts Service indicates that there may be four applications recently initiated, all of which appear to have a common subject matter. The Ombudsman has not been formally notified of these applications.
17. Deputy Finian McGrath asked the Minister for Public Expenditure and Reform the amount in legal fees incurred by the Commission for Public Service Appointments for 2015 to date; and for each of the past four years; if consideration is being given to disputing the amount of any of these legal costs listed before the Taxing Master in the High Court, by taxation on a solicitor; and by a client costs basis; and if he will make a statement on the matter. [35896/15]
View answerThe Commission for Public Service Appointments (CPSA) is responsible for overseeing the conduct of appointment processes to a wide range of positions in the Civil and Public Service. In carrying out its independent statutory functions, the CPSA must, on occasions, seek independent legal advice on issues that come to light in the course of its examination of appointment processes. In addition, expenditure has been incurred by the CPSA over the last three years in successfully defending a legal challenge. The legal fees incurred by the Commission for Public Service Appointments for 2015 to date and for each of the past four years are provided in the following table.
|
Year |
Amount |
|
2015 to date |
€2,000 |
|
2014 |
€132,000 |
|
2013 |
€35,000 |
|
2012 |
€1,000 |
|
2011 |
€22,000 |
When a person incurs costs as a result of litigation, they may have these costs taxed. The taxation of costs is the assessment and measurement of legal costs by an officer known as a Taxing Master. Costs are sent to taxation where there is a disagreement as to the quantity of the costs between the parties to the litigation, as opposed to the legal services tendered.
I am advised that the fees paid to the Legal Advisors engaged by the CPSA highlighted in the above table were in accordance with the schedule of fees submitted in the course of a competitive tendering process and, as such, a review by the Taxing Master was not required. I also understand that the Office of the Ombudsman, which provides the secretariat for the CPSA, gives proper care and attention to its fiduciary responsibilities and has sought to minimise the outlay on legal fees arising from the particular legal challenge referred to above.
18. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he will provide an update regarding legislation (details supplied); and if he will make a statement on the matter. [35832/15]
View answerThe Industrial Relations (Amendment) Act 2015 came into effect on 1st August 2015. http://www.irishstatutebook.ie/eli/2015/act/27/enacted/en/pdf
http://www.irishstatutebook.ie/eli/2015/si/329/made/en/pdf
The enactment marked the fulfilment of the commitment in the Programme for Government to reform the current law on employees’ right to engage in collective bargaining in order to ensure compliance by the State with recent judgements of the European Court of Human Rights.
The legislation provides a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed in employments where collective bargaining does not take place and brings clarity and certainty for employers in terms of managing their workplaces in this respect. It also explicitly prohibits the use of inducements by employers to persuade employees forego collective bargaining representation and provides strong protections for workers who invoke the provisions of the 2001-2004 Industrial Relations Acts or who have acted as a witness or a comparator for the purposes of those Acts.
Enactment of the legislation followed a lengthy consultation process involving extensive engagement with stakeholders. The legislation retains Ireland’s voluntary system of industrial relations, but it also provides that where an employer chooses not to engage in collective bargaining either with a trade union or an internal ‘excepted body’, and where the number of employees on whose behalf the matter is being pursued is not insignificant, the trade union may seek to have the remuneration and terms and conditions of its members in that employment assessed against relevant comparators and determined by the Labour Court, if necessary.
Specifically, the legislation includes:
- a definition of what constitutes “collective bargaining”;
- provisions to help the Labour Court identify if internal collective bargaining bodies are genuinely independent of their employer;
- clarification as to the requirements to be met by a Trade Union advancing a claim under the Act;
- the policies and principles for the Labour Court to follow when assessing those workers’ terms and conditions, including the sustainability of the employers business in the long-term;
- new provisions to ensure cases dealt with are ones where the numbers of workers are not insignificant;
- provisions to ensure remuneration, terms and conditions are looked at in their totality;
- provisions to ensure that there is management of the permitted frequency of reassessment of the same issues;
- enhanced protection by way of interim relief in the case of dismissal for workers who may feel that they are being victimised for exercising their rights under the proposed legislation.
