Dáil Éireann Debate, Wednesday - 1 May 2024
132. Deputy Cormac Devlin asked the Minister for Enterprise, Trade and Employment to detail the arrangements in place for where an employee of the Department, and each organisation under its aegis, becomes elected or co-opted to a local authority; and if he will make a statement on the matter. [19572/24]
Amharc ar fhreagraMy Department in accordance with the Civil Service Code of Standards and Behaviour and Circular 09/2009: Civil Servants and Political Activity, follows restrictions which have traditionally been imposed on civil servants engaging in political activity to ensure public confidence in the political impartiality of the Civil Service.
Civil servants above clerical level cannot stand for local election. Officers employed by my Department with salary maxima equal to or below the Clerical Officer maximum may apply for permission to engage in politics.
Officers employed on particular types of work may, at the discretion of departmental management, have their applications refused. In cases where permission would otherwise be refused, my Department examines the possibility of moving an officer to a less sensitive area.
Responses from the Agencies under the remit of my Department are below:
IDA Ireland
IDA Ireland’s governing legislation (Industrial Development Act 1993, Second Schedule) deals with a situation where a member of staff is elected to the Dáil, the Seanad or the European Parliament. It provides that they are considered seconded to the Oireachtas or the European Parliament for the duration of their elected term, and do not receive any pay or allowances during that period. However, the legislation does not cover someone being elected to a Local Authority.
All members of staff remain bound (while a member of staff or afterwards) by a statutory duty of confidentiality, not to disclose any information obtained while working for IDA. All IDA staff contracts of employment contain a clause that outlines that while a person is employed by the Agency, they are dedicated full time to IDA activities alone and that if for any reason they wish to deviate from that clause, that the permission of IDA must be sought in advance.
IDA Ireland is not aware that any current member of staff is intending to run for the forthcoming Local or European Elections.
Enterprise Ireland
Enterprise Ireland staff must be careful not to engage in public debate or public statements that could leave the organisation, or its executives, open to suggestions that the Agency is attempting to influence the outcome of the election. Therefore, they will not participate, as a representative of Enterprise Ireland, in debates or discussions on platforms during the election. If they are participating in such debates or discussions as a candidate, they will make it clear, in any circumstance where it is appropriate to do so, that they are present in a personal capacity and are not representing Enterprise Ireland.
The time devoted to the election must not impinge on their role and responsibilities as a staff member of Enterprise Ireland. Additionally, any data or information that is available to a staff member as a result of their Enterprise Ireland employment cannot be used by them during the election unless it is already in the public domain.
Enterprise Ireland’s governing legislation expressly provides that if an Enterprise Ireland staff member is elected to the either House of the Oireachtas (or is nominated to the Seanad), the person is regarded as having been seconded from Enterprise Ireland from the date of their election and will not receive pay or allowances from Enterprise Ireland during the period of secondment.
Health and Safety Authority
Staff of the Health and Safety Authority are contractually obliged to adhere to the Authority's Code of Conduct. The Authority's Code of Conduct requires staff who propose standing for election in public office to inform the Chief Executive Officer in advance. Staff employed on particular types of work may, at the discretion of Authority, have certain conditions imposed.
Irish Auditing & Accounting Supervisory Authority
IAASA has no specific arrangements in place for such a scenario, but will take advice from the Department should this scenario arise.
Injuries Resolution Board
To date this situation has not arisen. If such a situation arose, the Injuries Resolution Board would consider in the context of the public service one person one job principle. A condition in the Injuries Resolution Board’s terms and conditions of employment is:
You shall devote your whole time and attention, during business hours, to the business of The Board and shall not, without the prior written consent of The Board: engage in any manner in any other profession or business; or be concerned or interested directly or indirectly in any business of a similar nature to or competitive with that carried out by Injuries Resolution Board.
For transparency and equity, the above conditions would be applied in considering anything that would mean an alteration to their application.
Corporate Enforcement Authority
Employees of the CEA are civil servants and the Civil Service Code of Standards and Behaviour in conjunction with Circular 09/2009 applies should an employee seek to become elected or co-opted to a local authority
National Standards of Ireland
The National Standards Authority of Ireland (NSAI) follows the guidance set out in Circular 09/2009: Civil Servants and Political Activity, which outlines the arrangements applying to civil servants (and by association to public servants employed by NSAI) in relation to political activity, including scenarios whereby employees are elected or co-opted to a Local Authority, or are contemplating such a scenario.
Competition and Consumer Protection Commission
The CCPC does not have a special arrangement in place for where an employee of the Department and each organisation under its aegis, becomes elected or co-opted to a local authority but it follows the recommendations coming from Circular 09/2009: Civil Servants and Political Activity.
