Vol. 520 No. 1
59 Ms Fitzgerald asked the Minister for Social, Community and Family Affairs if he has satisfied himself that the Civil Service disciplinary code procedures were followed in the case taken against a person (details supplied); if any evidence of bias by management in his Department against this person was highlighted during the disciplinary process; and if he will make a statement on the matter. [14847/00]
288 Ms Fitzgerald asked the Minister for Social, Community and Family Affairs if, further to Parliamentary Question Number 66 and Parliamentary Question Number 88 of 11 April 2000, he has satisfied himself that the Civil Service disciplinary code procedures were followed in the case of a person (details supplied) in Dublin 4; if any evidence of bias by management in his Department against this person was highlighted during the disciplinary process; and if he will make a statement on the matter. [14845/00]
I propose to take Questions Nos. 59 and 288 together.
The Deputy will be aware of the background to this case in view of the detailed letter which I sent to her on 13 April in keeping with the undertaking I gave in my response to an earlier parliamentary question from the Deputy on 11 April.
Paragraph 4.3 of the Civil Service disciplinary code provides that an officer may seek a review of disciplinary proceedings on one or more of the following grounds: that the provisions of the disciplinary code were not adhered to; that reasonable steps were not taken to ascertain the relevant facts; that all the relevant evidence was not considered or was not considered in a careful and unbiased fashion; that the officer concerned was not afforded reasonable facilities to answer the allegations(s); that the officer concerned could not reasonably be expected to have understood that the behaviour alleged would attract disciplinary action; and that the sanction recommended is grossly disproportionate to the offence.
In the case referred to by the Deputy, the person concerned, who is an employee in my Department, sought a review, by the Civil Service disciplinary code appeals board, of the decision to impose disciplinary action. The grounds specified in the appeal were that: all the relevant evidence was not considered or was not considered in a careful and unbiased fashion; the officer concerned could not reasonably be expected to have understood that the behaviour alleged would attract disciplinary action; and the sanction recommended was grossly disproportionate to the offence.
Following detailed and lengthy consideration of the appeal, the board formed the opinion that a case had not been established on any grounds set out in paragraph 4.3 of the disciplinary code for the Civil Service.
During the course of the proceedings, unsubstantiated allegations of bias were made, by and on behalf of the person concerned, against the Department. The board was satisfied, however, that the issues taken into account in reaching the decision to impose disciplinary action related to the sending of a letter by the employee in question and his subsequent failure to substantiate the allegations contained therein.
In approving the decision to impose disciplinary action, I was satisfied that the procedures of the disciplinary code were followed.
