Tom Parlon (Laois-Offaly, Progressive Democrats)

In respect of disciplinary issues, very clear and specific arrangements are already set out in the disciplinary code, which have been agreed under the Civil Service conciliation and arbitration scheme. This code is based on fair procedures and ensures that an accused officer gets a fair hearing and adequate representation, with access to an independent review. Additional protection is offered to staff under the grievance procedure, which is a process that seeks to deal with the complaints of individual members of staff.

The protections afforded to civil servants under these codes are certainly comparable to those offered to private sector employees who generally have access to an internal appeal and an independent external appeal in the form of the rights commissioner. Similarly, the Civil Service disciplinary code provides the right to an internal appeal mechanism and also to an independent appeals board.

As the Bill will amend section 15 of the 1956 Act, it will be necessary to take account of changes to the section of the Act in the Civil Service disciplinary code. Consequently, a new disciplinary code is being drafted, which will be discussed and agreed with the Civil Service unions under the Civil Service conciliation and arbitration scheme. The new code will continue to place strong emphasis on the rights of individuals and will retain the right of the individual officer to an independent appeal in line with good practice in the private sector.

For these reasons, I consider the disciplinary code and the grievance procedure negotiated under the conciliation and arbitration scheme are the appropriate mechanisms to specify the rights of individual officers to fair procedure. I am therefore unwilling to accept the amendment.

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