Tom Parlon (Laois-Offaly, Progressive Democrats)

The speaking note I have will show that events which have taken place in regard to the Rights Commissioner have prompted this measure. This legislation has been going through the House for some time.

Section 7 inserts a new section 5A into the 1956 Act which currently provides that both established and unestablished civil servants can be appointed either for a specified period of time or for the duration of a particular project or requirement. The aim of this provision was to enable certain people who were appointed on contracts to hold established status. Its purpose was primarily to resolve a number of administrative difficulties which currently arise in regard to officers who were appointed from open competitions initially on an unestablished basis and who may then acquire established status following a satisfactory period of probation.

The second purpose was to facilitate the extension of one year contracts to all new recruits in the Civil Service as provided for in Sustaining Progress. The section also allowed for other officers on contracts to be appointed on an established basis, thereby creating additional manpower flexibility. However, since Committee Stage of the Bill on 2 February a Rights Commission decision has issued in regard to a number of cases concerning the appointment of people to the Civil Service on fixed term contracts. In the light of the issues raised in these cases, legal advice was sought from the Office of the Attorney General. This advice highlighted the need for clarification so there is no doubt in reconciling the concept of a relationship governed by contract with the legal position contained in the original Act, that is, that all established civil servants hold office at the will and pleasure of the Government under section 5 of the 1956 Act. The Attorney General's office therefore recommended amending section 7 of the Bill on Report Stage in order to remove any ambiguity. I therefore propose an amendment in order to provide that only an officer on a contract for the purposes of a probationary period may be appointed as an established officer on contract and that all other appointments on a contract will continue to be in an unestablished capacity only. With this text the position of new entrants to the Civil Service is very clear, officers will in future be appointed initially in an established capacity on contract on probation with a view to being appointed as established officers following satisfactory completion of the period of probation. In future this mechanism will be applied to all new appointments to the Civil Service at all levels in accordance with the commitments made under the current national agreement, Sustaining Progress. This amendment addresses the concerns that Deputy Bruton set out in the proposed amendment that were initially raised on Committee Stage. As the amendment is based on the existing text in section 7 of the Bill, which is to be changed, this amendment will no longer be relevant and on that basis I cannot accept it.

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