Dáil Éireann Debate, Tuesday - 27 November 2018
92. Deputy Clare Daly asked the Minister for Public Expenditure and Reform the protocols in place regarding disclosure of complaints or disciplinary processes in relation to persons going for promotion in the public service. [49210/18]
View answerAs the Deputy will be aware, in general, selection competitions within the Civil Service take place by way of;
- competitions confined to particular Offices/Departments (Internal promotion) or
- from competitions open to candidates from all Offices/Departments (Interdepartmental promotion) or
- from open competitions to all eligible candidates including members of the public
The Commission for Public Service Appointments (CPSA) is an independent statutory body which has responsibity for overseeing appointments to a wide range of positions in the Civil and Public Service.
I understand from the CPSA that all appointment processes to all positions within the remit of the Public Service Management (Recruitment and Appointments) Act 2004 are subject to Codes of Practice published by the Commission.
All appointments made by way of open recruitment must be carried out under licence. The CPSA has responsibility for issuing, where appropriate, recruitment licences to Offices/Departments, on request. Open and Interdepartmental competitions are generally organised on behalf of the Civil Service by the Public Appointments Service (PAS), which is an independent statutory body, under its recruitment licence. However, on occasion an Office/Department will carry out its own recruitment, under its own licence.
The Codes set out the regulatory framework for such appointment processes and centre on five recruitment principles. Through its audit function, the Commission safeguards the standards established in the Codes of Practice and ensures compliance by the Office Holder with these standards for the recruitment of staff to positions within the organisation. Open and Interdepartmental competitions are organised on behalf of the Civil Service by the Public Appointments Service (PAS), which is an independent statutory body.
In carrying out its oversight role, it audits recruitment processes and examines complaints from individuals disatisfied with the conduct of an appointment process. The CPSA may make recommendations, offer advice or give instructions to recruiting bodies within its remit however it does not have the statutory authority to reverse a recruitment decision taken by one of those recruiting bodies.
Review/Appeal Procedures
There are two distinct review procedures provided for under Section 7 and Section 8 of the CPSA Codes of Practice.
A review under Section 7 applies in cases where a candidate is unhappy with a decision in relation to his or her candidature (but does not believe that there was a breach of the Codes) and wishes to have that decision reviewed. The review of a recruitment decision is conducted solely by the Licence Holder. The Commission cannot overturn the decision of the Licence Holder and, aside from setting out how the review should be conducted, has no role in this process.
A review under Section 8 applies in cases where a person believes that an appointment process has breached the Codes and wishes to have it investigated. The complainant must make the complaint to the Licence Holder in the first instance. If the complainant remains dissatisfied with the outcome of the Licence Holder’s review, he or she may request the Commission to investigate the alleged breach.
