Tom Parlon (Laois-Offaly, Progressive Democrats)

This Bill represents a significant step forward in the way in which staff are managed in the Civil Service. The Bill amends section 15 of the 1956 Act to provide, for the first time, that disciplinary action can be taken in cases of under-performance. In addition, this section broadens the range of disciplinary sanctions that are currently available to managers under section 15 of the Act. As a result of these amendments, the Act will deal with disciplinary issues in a more comprehensive manner than was previously the case.

The Deputy's suggested amendment will duplicate arrangements in place under the disciplinary and grievance procedures in the Civil Service. As stated on Committee Stage, it is normal practice in employment law, and in line with codes of practice issued by the Labour Relations Commission in respect of grievance and discipline, to develop internal procedures and policies in negotiations with staff unions and to give practical effect to legislative provisions. Internal policies provide the detailed procedures which ensure that management maintains satisfactory standards of conduct and performance and that staff are provided with access to procedures whereby alleged failures to comply with these standards may be fairly and sensitively addressed. The Bill does not and should not deal with detailed procedures and arrangements entailed in the disciplinary procedures.

On Committee Stage, the Deputy pointed out that the Bill went a long way towards aligning the rights of civil servants with those of private sector employees. This is a clear and fundamental principle of the Bill, particularly in respect of dismissal, as it provides that civil servants have the same right to appeal in cases of dismissal as a person employed in the private sector through extending the scope of the Unfair Dismissals Act to civil servants. In respect of disciplinary issues, there are already clear and specific arrangements set out in the disciplinary code which have been agreed under the Civil Service conciliation and arbitration mechanisms.

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