Tom Parlon (Laois-Offaly, Progressive Democrats)

I move amendment No. 13:

In page 12, to delete line 49 and substitute the following:

"(7) The provisions of this section are without prejudice to any other provision of this Act or such other disciplinary measures as may be specified in the Civil Service Disciplinary Code.

(8) The provisions of this section are without".

These are significant changes in human resource management which will impact on the disciplinary procedure in the Civil Service. They provide that each Secretary General or head of a scheduled office will be responsible by virtue of being the appropriate authority for managing all matters pertaining to appointments, performance, discipline and dismissal of civil servants below principal officer level. Each Minister will be the appropriate authority for civil servants at and above principal officer level. Disciplinary action may be taken in cases of under-performance. The range of possible disciplinary sanctions will be broadened to include suspension without pay. Civil servants as office holders, other than those dismissed by Government, will be brought within the scope of the Unfair Dismissals Act and the Minimum Notice and Terms of Employment Act. In order to reflect these changes, a revised disciplinary code is being drawn up. It will be negotiated and agreed with the Civil Service unions under the Civil Service conciliation and arbitration scheme and will replace the existing disciplinary code.

A number of specific provisions are set out in the legislation, which will be included in the disciplinary code, for example placing the civil servant at a lower rate of pay or reducing him or her to a lower grade or rank. Additionally, the code will contain a number of penalties that are currently being agreed under the Civil Service conciliation and arbitration scheme, for example formal verbal and written warnings, deferral of an increment and debarment from specified competitions or from promotion for a specified period of time, withdrawal of concessions and allowances, and transfer. The Office of the Attorney General has advised that legal authority be provided for any penalties included in the code agreed with the staff side, but which are not specifically spelt out in the legislation. The insertion of this provision in section 15 of the 1956 Act will allow for the creation and the application under the new disciplinary code of less serious sanctions than those set out in the legislation such as, for example, formal verbal and written warnings. This will be negotiated and agreed with the Civil Service unions under the conciliation and arbitration scheme.

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