Mr. Andrew Patterson:

I thank the committee for the invitation today to set out the Commission for Public Service Appointments’ position on the provision of additional credit for proficiency in both official languages in appointment processes for the promotion of staff within the Civil Service.

By way of background, the CPSA was established under the Public Service Management (Recruitment and Appointments) Act 2004. Under section 13 of the Act, the CPSA must draw up codes of practice that describe the principles of probity, merit, equity and fairness that must be followed in the recruitment and selection of persons to positions in the Civil Service, including promotion to positions in the Civil Service, and other bodies in the public service within its remit.

While the codes establish standards to which recruiters must adhere, they do not prescribe how recruiters must act to ensure compliance with those standards. Under the codes of practice, public bodies are required to have in place proper job descriptions which set out the duties and responsibilities for the vacancies they wish to fill and from which objective selection criteria can be established. The codes also set down personal specifications which stipulate the knowledge, experience and skills that are required for the position, and these must be relevant to the role they are filling.

Section 58 of the Public Service Management (Recruitment and Appointments) Act 2004. provides that the Minister for Public Expenditure and Reform's responsibilities include the use or knowledge of the Irish language within the Civil Service as it relates to recruitment and promotions. The code also states that the provision for the award of additional credit for both official languages is made in line with Government policy, the requirements of the job and any other statutory requirements. The CPSA has no operational role in the promotion of staff in the Civil Service. However, it monitors adherence to the standards set out in the codes by auditing appointment processes and by examining complaints. In auditing appointment processes and in its examination of complaints the CPSA considers whether the job descriptions and the personal specifications are reflected at all stages in the selection process, for example, candidate traction, determination of the selection process, the selection criteria, preliminary screening, selection of members of the shortlisting and interview boards, questions asked by the interview board, marking schemes, and rationale provided for decisions taken on candidates.

The CPSA acknowledges that public service bodies must have sufficient numbers of staff proficient in the Irish language to be able to meet their obligations under the Official Languages Act 2003 and that the recruitment and promotion processes can play a significant role in ensuring these staff complements are in place. It also notes that many appointment processes involves two or more stages. The CPSA is concerned that there is a risk that providing for additional credit for both official languages at all stages in the appointment process, including those processes used for promoting staff, means the outcome of the appointment process may be skewed by favouring those who are proficient in both official languages at the expense of those who have attained a higher rating in other predetermined job related selection criteria. Introducing a weighting selection criteria for promotion in a manner that is not tied to the candidate's ability to perform the duties of a more senior role may inadvertently and adversely affect the outcome of recruitment and promotion processes.

The CPSA recognises the role of An Coimisinéir Teanga in promoting and improving the use of the Irish language in the public service. It also wishes to state that its own statutory duties require it to work with public service bodies to ensure candidates are appointed on merit using selection criteria linked to the duties and responsibilities of the role.