Dáil Éireann Debate, Tuesday - 31 May 2022
558. Deputy Patrick Costello asked the Minister for Justice the specific differences in the disciplinary code for officers which was affected by the introduction of S.I. No. 261/2020 which revoked the pre-existing S.I. No. 289/1996. [27259/22]
Amharc ar fhreagraI can advise the Deputy that the implementation of Circular 19/2016 Civil Service Disciplinary Code on 1 October 2020 has brought the Irish Prison Service into line with the wider Civil Service in terms of the process for the management of staff disciplinary issues. Utilising the Civil Service Disciplinary Code has allowed the Prison Service to draw on the experiences of the wider Civil Service when dealing with disciplinary issues.
The Code provides a clear and structured procedure to deal with disciplinary issues and ensures that officers against whom allegations are made are dealt with in a fair, equitable and timely manner after all relevant facts have been considered.
The main differences between SI 289/1996 - Prison (Disciplinary Code for Officers) Rules, 1996 and Circular 19/2016 Civil Service Disciplinary Code are as follows;
SI 289/1996 was specific to Prison Staff only while Circular 19/2016 is applicable to all Civil Servants,
The description of breaches of discipline differ between SI 289/1996 and Circular 19/2016,
Under SI 289/1996 all breaches of discipline are dealt with by the Governor while Circular 19/2016 breaches are dealt with by the Relevant Manager and allows for -
Minor breaches to be dealt with by the Officer’s Line Manager (Relevant Manager) and
More serious breaches by the Governor (Relevant Manager).
Under SI 289/1996 the appropriate sanction to be recommended/applied is limited to;
Rule 5 – advice, caution or admonition as the circumstances may require,
Award a reprimand,
Award a reprimand and recommend a reduction in rank or a reduction in pay for a specific period of time, and
Award a reprimand and recommend that the Officer be dismissed.
Circular 19/2016 provides for a broader range of disciplinary sanctions with 13 sanctions available to be recommended and/or applied including -
Level 1 Verbal Warning
Level 2 Written Warning
Level 3 Final Written Warning
Extension of the period of validity of a warning
Deferral of an increment
Debarment from competitions or promotions for a specified period of time
Withdrawal of concessions
Reassignment to a different location or different duties
Withdrawal of allowances
Placing the civil servant on a lower rate of remuneration (including the withholding of an increment)
Reducing the civil servant to a specified lower grade or rank
Suspending the civil servant without pay
Dismissal
In addition, the Civil Service Disciplinary Code changes the manner in which appeals are made. Under SI 289/1996, appeals were considered either by the Director General of the Prison Service or a Disciplinary Review Committee as appropriate. Under Circular 19/2016 appeals are considered either by an Internal Appeals Officer, an External Appeals Officer or a Disciplinary Appeals Board.
Under SI 289/1996 the Director General of the Prison Service had the final decision on the appropriate sanction to be applied. Under Circular 19/2016, where sanctions 1-8 are to be applied, the final decision lies with the relevant manager and where more serious sanctions 9-13 are to be applied, the final decision lies with the Appropriate Authority under the relevant legislation, in this instance the Secretary General of my Department.
I am advised that the initial assessment from the Prison Service would suggest that the Civil Service Disciplinary code is a more efficient process leading to cases being dealt with in a more timely manner.
