Dáil debates

Wednesday, 13 May 2009

Ceisteanna - Questions

Departmental Staff.

11:00 am

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 1: To ask the Taoiseach the number of persons working on temporary contracts and the number of such contacts that are due to expire by the end of 2009 in respect of his Department and each of the State agencies or boards for which he has responsibility; and if he will make a statement on the matter. [15199/09]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 2: To ask the Taoiseach the number of staff employed on temporary contracts by his Department or by the agencies under his aegis; and if he will make a statement on the matter. [17399/09]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 3: To ask the Taoiseach the number of vacancies that are expected to arise by end of 2009 that will remain unfilled as a result of the circular issued by the Department of Finance on 27 March 2009 in respect of his Department and each of the State agencies or boards for which he has responsibility. [15200/09]

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 4: To ask the Taoiseach the number of staff vacancies in his Department; and if he will make a statement on the matter. [15576/09]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 5: To ask the Taoiseach the number of staff vacancies expected to arise in his Department over the coming year and that will be unfilled as a result of recent Government policy decisions; and if he will make a statement on the matter. [18631/09]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I propose to take Questions Nos. 1 to 5, inclusive, together.

Some 23 member of staff appointed to my Department are subject to temporary contracts which will expire when the office-holder concerned ceases to hold office. In several cases, where the individuals concerned held Civil Service posts prior to their appointment, they will be entitled to return to their previous posts on termination of their appointments.

The number of persons working on temporary contracts in the Central Statistics Office is 203. The vast majority of such staff are involved in short term data collection operations for various CSO surveys. In total, 105 contracts are due to expire by the end of 2009. A total of 159 staff are employed as pricers to collect data one day per month to compile the consumer price index.

From August 2009, due to the introduction of a revised collection process, 98 pricers will be employed. A total of 40 staff, 32 enumerators and eight field supervisors, are working on a Census of Population pilot survey. Their contracts will terminate by the end of May 2009. The contracts of two staff employed as temporary tourist enumerators will expire by the end of May 2009. In addition, the contracts of two contractors carrying out IT consultancy work will expire in May to June 2009.

Four members of staff in the National Economic and Social Development Office are working on temporary contracts. One of these contracts will expire in 2009. In addition, the chairpersons of the National Economic and Social Forum and the National Centre for Partnership and Performance and the director of the National Economic and Social Council were appointed following the establishment of those bodies on a statutory basis. The Law Reform Commission will discuss its staffing needs with the Department of Finance in order to ensure that an appropriate research function is maintained. The Ireland Newfoundland Partnership employs one person on a temporary contract which is due to expire in April 2010.

It is difficult to predict the exact numbers of vacancies which will arise by the end of the year. However, I am aware that two officers of my Department are due to retire later this year. It is not possible at present to estimate if any further vacancies will arise by the end of 2009.

In keeping with the moratorium on recruitment and promotions in the public service which came into effect on 27 March 2009, no public service post, however arising, will be filled by recruitment, promotion or payment of an allowance for the performance of duties at a higher grade. Therefore, the vacancies arising in my Department will not be filled. This may necessitate reviews of how staff are deployed within the Department to ensure that key activities are adequately staffed and the overall priorities of the Department are met.

With regard to the National Economic and Social Development Office, one employee is currently employed on a three year contract which is due to expire shortly and this vacancy will not be filled. The Central Statistics Office anticipates that six retirements will take place later this year, four of which are currently being processed. The other two relate to staff reaching the mandatory retirement age of 65 years.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I wish to raise two points with the Taoiseach. First, are there any staff employed on a contract basis in the Office of the Director of Public Prosecutions or the Office of the Attorney General who will be affected by this embargo? Are there any staff on fixed term contracts and when are they due to expire? Is it intended to replace such staff? Will the Taoiseach indicate what work is being carried out by such staff?

Second, I ask the Taoiseach for his understanding of the terms of the decision on the embargo. The circular issued by the Department of Finance on 27 March 2009, is very explicit in that no public service post, however arising, may be filled by recruitment, promotion or by the payment of an allowance for the performance of duties at a higher grade. I understand this is clear in respect of the situation where a person leaves, retires or the post becomes vacant, in that it is simply not to be filled and it is to be left vacant. Nobody does that job or at least the post is not filled in the normal way.

I want to ask specifically about the fixed term contract jobs because the circular states that the decision also applies to temporary appointments on a fixed term basis and to the renewal of such contracts. Is my understanding correct and is it the Taoiseach's understanding that what this decision means is that the jobs of everybody employed in any area of the public service, on anything other than a permanent contract of employment basis, will end and they will be let go when the contract expires? Is this the position? I ask the Taoiseach to answer specifically about the position regarding the Office of the Director of Public Prosecutions and the Office of the Attorney General.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I do not have the specific information with regard to the Office of the Director of Public Prosecutions and the Office of the Attorney General. I can come back to the Deputy as to whether or not the couple of vacancies referred to in the general reply are in those offices.

We are not concerned here with an embargo in that it does not imply that no filling of vacancies whatsoever can take place in any circumstances as that would be the effect of an embargo. The Minister for Finance will have the authority to allow for the filling of some vacancies although in very exceptional circumstances. The Government decision provides that vacancies may also be filled by redeployment of staff from other Departments or public bodies with the sanction of the Minister for Finance. In addition, arrangements for the health and education sectors have been modulated to ensure that key services are maintained in so far as possible. The moratorium decision also applies to temporary appointments on a fixed-term basis and the renewal of such contracts. Any exceptions to this principle which will arise in very limited circumstances only require the prior sanction of the Minister for Finance which will be forthcoming only when he is satisfied that the post is essential to the delivery of a public service or performance of an essential function and that every effort has been made to fill the post by redeployment.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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I will await what the Taoiseach sends me in respect of the Office of the Director of Public Prosecutions and the Office of the Attorney General. Let me return to the general question. Leaving aside the exceptions which the Minister for Finance may grant, will everybody on a fixed-term contract of six months or one, two or three years, or in temporary employment be let go? For example, many hospitals have employed nurses on a fixed-term basis. When these contracts expire, will the nurses be let go? Is that the effect? Is that the Taoiseach's understanding of what is contained in this circular? Does he think, considering the extent to which fixed-term contracts have been used across the public service in recent years, front-line services can function in these circumstances?

Take any road or public infrastructure project. Most local authorities in the management of these projects employ a project engineer or a project manager, usually on a fixed-term basis. When these contracts expire, will the project manager be let go and what will happen to the project? Will county managers spend their time sending letters to the Minister for Finance seeking exceptions to the rule? Will everybody on a fixed-term contract lose his or her job, no matter what area he or she works in? Will he or she be let go on the date on which his or her contract expires?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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No, as I said in an earlier reply, arrangements for the health and education sectors have been modulated to ensure key services will be maintained in so far as possible.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Does that mean the nurses can be kept on?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Let me reply to the question. There will be flexibility to allow for continued development of health care services, particularly primary and community care services, and services for the care of the elderly and people with disabilities. Based on the 2008 employment outturn and the provision for development posts in the 2009 budget, the opening 2009 employment control ceiling for the health sector is 111,800. There will be a general moratorium on recruitment, promotions and acting up appointments to all management and administrative grades and all other grades in the health sector, except hospital consultants, speech and language therapists, occupational therapists, physiotherapists, clinical psychologists, behavioural therapists, counsellors, social workers and emergency medical technicians. Posts in these key grades which become vacant may be filled and a limited number of new posts may be created within the overall numbers ceiling and moratorium policy. There will need to be a reduction in the number of posts in non-priority areas to compensate for the new posts created and we will need redeployment between institutions and the hospital and primary, community and continuing care sectors.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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In his comments yesterday the Taoiseach said priorities had to be decided on, which I accept. However, I note his comment this morning that in this recruitment blockage positions will be allowed to be filled only in very exceptional circumstances. The Taoiseach said that in health and education these were carefully "modulated to ensure key services will be maintained in so far as possible." That is the overall principle on which he appears to be operating. Let me bring to his attention an memo on community care given to me by Deputy Naughten from Roscommon? The reduction in the community care budget is €6.5 million. Will the Taoiseach listen on the impact in human terms of the recruitment embargo? The memo states all posts are gone, even those in valuable front-line services such as nurses. The Taoiseach uses the words "in so far as possible". Respite services for the elderly will not be available. Long stay geriatric hospitals and psychiatric services will see beds removed from the system. Meals on wheels will not be provided for any new clients and may be withdrawn. Only those "actively dying" - the phrase the HSE is using - are to receive home help. What are we at?

At last week's meeting of the Committee of Public Accounts the HSE director for primary, community and continuing care, Ms Laverne McGuinness, said the HSE had planned to employ thousands of allied health professionals to support hundreds of primary care teams in delivering diagnostic services and managing chronic diseases and ailments in the community. However, she said that would not happen now. Instead, most primary care teams will be made up of existing hospital-based staff transferred to community-based centres. The HSE, on Government policy, was to establish 530 primary care teams on 200 sites by 2011. This cannot happen.

How does the Taoiseach's comment that positions in the health area have been modulated in order that key services can be maintained in so far as possible relate to Ms McGuinness's comment at the Committee of Public Accounts last week that these thousands of health care professionals will not be hired? How does it relate to what is happening in Roscommon where, in the HSE's words, only those "actively dying" will receive home help? That is not what the Taoiseach stands for, as far as I can figure out. The sledgehammer the Minister for Finance has used will impact in human terms on thousands of the people concerned. The Taoiseach might like to respond.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The overall situation regarding the need to control numbers is that 36% of our total budget relates to pay. This issue must be controlled and watched very carefully given the fact that the Government has to borrow €20 billion this year, in addition to the revenues it takes in to try to maintain services. Fine Gael's critique has been that we are not cutting enough. Its spokesperson on finance has said we have ducked decisions and need more cuts in expenditure, yet every expenditure control is criticised by Fine Gael as unnecessary. That is a matter for it to figure out.

We need to recognise that the moratorium has its effects. Given the limited resources available to this or any other Government, we need to have greater flexibilities in the workplace, redeployment of staff and the ability to move staff around to various parts of the service in order that we can provide staff where the need is greatest. That needs to happen and it requires continuing discussion and agreement with staff interests. That will be necessary if we are to maintain services. If there is no change in flexibility and putting in place redeployment policies, service levels will be affected. The people for whom we provide the service will be the first to be affected if we do not get flexibility from those providing the service. Whether in the health service or any other service, we must continue to work to get a greater degree of output for the available resources. The level of resources available this year is €20 billion in excess of what the State is able to provide for itself within its current capacity. Everybody, including all social partners, agree this must be addressed in the next number of years to bring it back to a situation whereby the public finances are sustainable. If that is to happen - and it must - only by getting greater flexibilities in how we deploy our staff can we seek to maintain to the greatest possible extent the level of service in the priority areas where we want it. In the absence of such flexibility and redeployment the only alternative whereby we can meet some of the issues raised by the Deputy is to increase levels of staff. However, the position of the Deputy's party is that we have not cut back sufficiently on expenditure levels in order to deal with the wider problem in the public finances. Which way does the Deputy wish to go? We cannot go four ways at the same time and end up in a coherent position.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I shall tell the Taoiseach a way in which he can go. He can carry out active reforms instead of merely talking about it. I agree with him this needs to be done. Who is supposed to be in charge here?

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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Hear, hear.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Minister for Health and Children, Deputy Harney, will not answer a question in the Dáil. Deputies send their queries to the political section of the HSE. They might get an answer in six weeks and the situation continues in the same way.

The Government has failed to decide which are the real priorities, namely, children, the vulnerable, the dying, the intellectually challenged or those who need treatment.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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Deputy Kenny, these are questions for the Department of Health and Children.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Taoiseach challenged me concerning which way I wished to go. We cannot go four ways at the same time and I realise that. We are spending €16 billion on this system and it is not working. During Leaders' Questions I asked the Taoiseach if he could stand over that as a way of delivering the kind of health service that people need. I disagree fundamentally with the way it is being driven. When I hear phrases from within the Health Service Executive down the country-----

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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We cannot deal with health issues. This concerns the Taoiseach's Department.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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-----about those actively dying-----

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy should take that up with the Minister for Health and Children.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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They are queueing up to die now instead of queueing up to get into hospital. I have a question about the blockage created by the Minister for Finance whereby appointments can be made only in exceptional circumstances. On Tuesday, the Government considered a range of issues dealing with crime, gang warfare and so on. We have been calling for this for quite some time. The situation now around the country is that there are vacancies for chief superintendents, superintendents and inspectors.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That issue is for the Department of Justice, Equality and Law Reform, Deputy Kenny.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I understand that.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy is holding up proceedings. The Taoiseach cannot answer the question because it does not concern his Department.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Do any of these constitute exceptional circumstances? Can the Taoiseach give a general outline for the House on what that means? How exceptional do the circumstances have to be? If in any Garda division in the country there is no chief superintendent, who is in control? Who is in command or in charge?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is for the Minister for Justice, Equality and Law Reform. I must insist on that.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Does that mean that if there is a problem in Galway, for example, the Minister, Deputy Ahern, will be called in to make a decision?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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No, but when questions concerning the Department of Justice, Equality and Law Reform are raised, the Minister comes into the House to answer them.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Ceann Comhairle is very clear in his response, but I am asking the Taoiseach about his definition of "exceptional circumstances", for example, in the area of justice where clearly there are vacancies for chief superintendents, superintendents and inspectors.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The moratorium applies to the Garda Síochána. Currently, appointments from superintendent level upwards are made at Government and appointments up to inspector level are made by the Commissioner of the Garda Síochána. As is the case with other sectors, the Minister for Finance has the authority to sanction the filling of some vacancies in very exceptional circumstances.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Do we know what these are?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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At the end of 2008, the total attested strength of the Garda for all ranks was 14,412. At the end of this year the number will have increased to 14,900 and in 2010 the total number of gardaí is expected to be 14,800.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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I know that.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There are approximately 773 people in training at present. I beg the Deputy's pardon.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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It is the "exceptional circumstances" in which I am interested.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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Exceptional circumstances are a matter for the Minister for Finance to decide. He has the authority to sanction the filling of any vacancies in such circumstances.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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What does that mean?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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We did not devise a moratorium simply to have it and then reappoint people in every respect. There are exceptional circumstances whereby the Minister might feel that redeployments, or whatever, might work out and assist in sorting out the problem. That is not the case in the situation the Deputy mentioned, where there is an absence. There are a number of options for Departments and organisations to consider.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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There must be a command structure for the Garda.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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On the basis that it represents 36% of total budget, that part of the budget must be controlled as every other part of the budget must be controlled, given our position. If we do not do that, we must go back to those who are depending on the service or get flexibilities from those who provide the service. One cannot have it every way.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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What about the divisions? There must be a command structure for the Garda.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There is a command structure in the Garda.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I call on Deputy Ó Caoláin.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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If one does not have a chief superintendent, who fills the gap? What if there is no command structure?

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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How is the recruitment embargo monitored in the Taoiseach's Department and in other Departments? How are exceptions to the embargo identified? Are there specific categories for consideration or examination? Are terms of reference set down within all Departments where potential exceptions might be considered? Is it the case that all exceptions are referred for the personal sanction of the Minister for Finance? Is it for his personal sanction?

Does the Minister for Finance make the determinations in respect of certain categories? Is there already a predetermined list of such categories for possible exception to the embargo or is he actively considering individual applications for exemption as they are sought by the Taoiseach's and all other Departments?

We understand there was notification of the embargo a couple of months ago. Does the Taoiseach know how many exception applications have been made by the Taoiseach's Department and by all other Departments to the Minister for Finance? How many exception applications have been granted since the embargo was put in place?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I am not aware that my Department has made any applications for exception. These are matters best referred to the Minister for Finance.

In order to achieve significant savings and costs in providing public services in the coming years there is a pressing need for greater flexibility and efficiencies in the allocation of resources. It is intended that staff will be available to be reassigned to areas of greater priority, including where there are sudden surges of activity that cannot be met adequately by existing staff of the Departments or bodies concerned. The decision on moratorium also applies to temporary appointments on a fixed-term basis and is renewable in respect of such contracts.

Regarding the question of measures to be taken to monitor compliance, the Department of Finance will be contacting Departments and offices about more detailed arrangements for confirming compliance with the requirements of the moratorium. If necessary, suitable measures can be incorporated in the administrative budget agreements. Regarding the wider public service, the onus is on each Department to monitor implementation in bodies under its aegis. As an initial step, each Department is required to communicate the terms of the moratorium immediately to all relevant bodies under its aegis and to send a copy of that communication to the Department of Finance.

The Government is conscious of the need to protect certain services and that is why it has provided for a degree of flexibility, especially in the health and education sectors. The focus of the provision for redeployment is to allow resources to be moved from activities that are no longer priority to areas of greater need.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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There are still a number of areas of uncertainty, despite the Taoiseach's reply. He has indicate he is uncertain whether there have been any exceptional applications with regard to his Department and-----

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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There have not been.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That is more certain. The Ceann Comhairle will probably tell me I am not permitted to ask about the position regarding other Departments but I will attempt to do so. Is the Taoiseach aware that exceptional applications are being made by other Departments?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That bird will not fly.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the Taoiseach not accept that there is a duplication here? At a time when we are facing serious economic challenges we now have the primary Department, whether the Department of the Taoiseach or any other, making a determination that an exception should apply, otherwise it would not be making the application in the first place. It has gone through all of the rigours of examination in detail and made a decision to recommend that an exception should apply.

The matter then goes to the Department of Finance. I presume the Minister is not going through each of these applications on a personal basis. One would have hoped he is much too busy to give such matters his personal attention. Is another set of civil servants going through the whole process again, and going over the same detailed examination from another Department's perspective, making a second determination and giving the green light? Is this not all very bureaucratic, unwieldy and unnecessary? Surely the primary Department is the appropriate one to make the determination in relation to exceptional need.

I should like if the embargo did not apply at all. That is my position and I would argue strongly against it but given it is in place, can it not be fine-tuned to a point where we do not have unnecessary bureaucratic layers making a decision in regard to one person's approval to proceed in employment or have his or her contract renewed? Will the Taoiseach not agree that it is unwieldy and unnecessary and that the primary Department should be left with the responsibility within its budget of determining the public need and the provision of the essential staff to provide it?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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No, I do not agree with that and past experience would confirm that it would not work. There have to be controls and a policy laid out. It is the job of Departments and agencies to support and implement the policy. When we talk about exceptional circumstances, that does not mean that every time a vacancy comes up a case is made to keep it. The policy is implemented. This means that in the vast majority of cases people will not be reassigned or replaced. Cases are not being made for people to be kept on when the policy is that they should not be. There is no need for a bureaucratic mist to descend, it is a question of implementing the policy. That is the simple answer to the Deputy's questions.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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That was the proposition I put. The Taoiseach is not answering what I asked about.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I am under no illusion that I should not be able to satisfy the Deputy, no matter what answer I gave him, in any event, bar I did not have the policy I am implementing. He would be prepared to say there should not be any moratorium at all. He is in the position of being able to sit in the luxury of the back benches and in effect say, "No change to this, more of this, that and the other and we do not care where the money comes from".

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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When the Taoiseach responds in this manner, he is-----

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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That is the truth. The Deputy has no coherence to his position. He keeps criticising me for implementing policies that are trying to bring control to our public finances, but from his perspective he wants to continue on with the idea that it is "game on" as usual. The fact that we are borrowing €20 billion more this year than we are taking in is not his issue.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Why does the Taoiseach spend so much time trying to analyse my point of view?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The punters have analysed the Deputy's point of view and he is there and I am here. That is called democracy. When it changes around, then he can implement his policies, and I shall critique them. That is the way it works.

With regard to the question the Deputy asked, I have explained to him that a moratorium is in place. I have explained in detail how it would work. The Deputy does not agree with it, he has the luxury of sitting on the back benches opposite and agreeing with nothing if he wants.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I believe the Taoiseach has explained the thinking behind the whole approach of not renewing fixed term contracts, and thousands of people are becoming unemployed as a consequence. To take an example, the contracts of five members of staff at my local recycling centre are coming to an end. There is a great amount of community support for the retention of these staff and they were invigorated in their campaign to renew their contracts when they received a letter signed by the Taoiseach, Deputy Brian Cowen. In the letter, the Taoiseach writes that the council has been asked to depart from its initial plans and to renew the contracts of the existing temporary staff in Bray Recycling Centre. It concludes: "I hope that with the support of people like yourself, that a positive outcome may emerge from the current review of the council's plans." It ends, "With best wishes, Yours sincerely, Brian Cowen".

The staff got great heart from the Taoiseach's letter but it seems to me there is some ambiguity or confusion now because his Department does not seem to be clear about what is happening. The letter seems to me to be very clear to the effect that the Taoiseach is ensuring that the council will review its plans to hold retain these staff. Will the Taoiseach explain precisely his position regarding the five members of staff that he has written about and who have received this letter, consequent to a deputation from my town of Bray that met him? They attended his clinic and he wrote the letter to Mr. Damien Meaney on 29 April. When it was presented to the members of the staff they were enormously heartened because it was clear to them that the Taoiseach was saying in his letter that a review was being called for by the council and that it should, in effect, back-track on its initial plans not to renew the contracts.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I must interrupt Deputy McManus and inform her that this question does not come within the Taoiseach's area of responsibility.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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It does not matter about-----

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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I am sorry but it has more-----

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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That is the position and incidentally, even if the quotation is from the Taoiseach, Deputies are not allowed to quote at Question Time.

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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The Deputy is referring to written notice.

Photo of Liz McManusLiz McManus (Wicklow, Labour)
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A Cheann-Comhaire, I am referring to written notice. It may not be an accurate quotation, but it is certainly a record of what was in the letter, if you prefer me to put it that way. May I make the point that this refers directly to the role of the Taoiseach. Earlier the Ceann Comhairle took questions about Roscommon, and rightly so in my view, so I do not believe it would be fair to discriminate against County Wicklow. I would ask the Taoiseach to clarify the situation.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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If the Taoiseach can be assistance, fair enough, but I do not know. It does not come within the Taoiseach's sphere of responsibility.

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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To be fair, the request to the Minister for Finance to renew contracts was made, as people in the area know, by the elected Members and not by me or my office. That matter has been clarified by everyone concerned. It would be dealt with in that context, in the same way as any other request would be dealt with.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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There is a great deal of public disquiet and anger about double jobbing and cronyism in the system. Perhaps the Taoiseach might clear up a point or two for me. Can he confirm or deny whether former CEOs and senior administrative staff within the old health boards, while on full pension, from their former employment-----

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I believe this is a question for the Minister for Health and Children.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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-----are working in his or in any other Department?

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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The Deputy will have to ask the Minister for Health and Children about that, I believe.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Can the Taoiseach answer in so far as it refers to his Department?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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If the Deputy tables a question, with notice, I shall answer it.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Can the Taoiseach confirm or deny what I have said?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I cannot confirm or deny what is in Deputy Bannon's mind any day of the week.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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The termination of fixed term contracts is a matter of great concern to the staff who are the holders of the contracts. It is also of great concern to the clients of the front line services which may be affected. I am constantly asked, by people who are likely to be affected by the termination of short-term contracts, what I think will happen.

For example, I was approached by 11 staff who are on fixed term contracts in An Bord Altranais, which registers the nursing profession. Will their contracts be discontinued? What am I to say to them? The Taoiseach spoke about other staff being moved in to do certain jobs. Is it intended, for example, to move staff from the Department of Health and Children to An Bord Altranais and to let the contract staff go?

These contracts are coming up for renewal. When the decision was taken and the circular sent out, the termination of contracts was thought of in general terms. It is now becoming a reality and people want to know where they stand. What is the answer? The Taoiseach spoke about exceptions. Is there a list of these exceptions? Do the respective Departments and agencies have flexibility in the implementation of the circular?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I have been as helpful as possible to Deputies, beyond the remit of my own Department. In previous replies I outlined how the modulation is expected to work in the health sector for example. I have indicated the areas where a degree of flexibility is being applied.

A fixed term contract does not provide for an automatic entitlement to renewal. As with anyone on a fixed term contract, management will inform contract holders whether they will be kept on or not. That will be a matter for management. If the body concerned is under the aegis of the Department of Health and Children the matter will be worked out with the Department itself.

The implementation of the moratorium is outlined by the Department of Finance in those areas generally. In respect of specific issues which arise, it is a matter for the Department concerned to determine whether there will be any prospect of renewal. The moratorium refers to all contracts, including fixed term contracts. Therefore, the question of exceptional circumstances will arise and provision must be made for redeployment so that essential priority areas are catered for within existing staff complements.

Photo of John O'DonoghueJohn O'Donoghue (Kerry South, Ceann Comhairle)
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I remind Deputies that the Taoiseach is only responsible for his own Department. Questions relating to this matter in general should be directed to the Minister for Finance.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I will be brief as there is very little time left. I understand the missive issued uses the word "indefinite". Can the Taoiseach give us some sense of his own expectation of the duration of the embargo? Was this discussed at Cabinet when the decision to introduce the embargo was taken in March? Was serious consideration given to the duration of the embargo?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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This policy must be implemented as part of control measures necessary in view of the public finance position. It will require a degree of flexibility by everyone concerned, including management and staff, in the interest of making sure that those who depend on the provision of public services are not unduly compromised. That is the challenge before all of us in the provision of public services in the years ahead. Any suggestion that we can simply proceed on the basis of existing arrangements and that more resources will be provided, regardless of what Government is in office in the next five or ten years, does not take account of reality. Redeployment, flexibility and avoidance of duplication are absolute imperatives in ensuring that we get the best possible value for limited government resources in the provision of basic public services.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Will the embargo continue for five, seven or ten years?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The arrangement will remain in place for the foreseeable future. We must find ways which do not assume that extra staff will be provided, regardless of any other consideration. Government must reprioritise and everyone must work within the new realities. The Government has an expenditure position vis-À-vis an income position which is not sustainable in the long term and must be managed and reduced, as agreed, over the next three to four years. Within those constraints, we must find new ways of providing basic public services. We cannot provide the same level of service by going on as things stand and based on existing agreements.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Does the embargo on fixed term contracts apply to services which have been contracted out? For example, if one Department employs cleaners on fixed term contracts, under the terms of the embargo those cleaners must be let go. If another Department engages contract cleaners, would that contract also expire under the terms of the embargo? The same might apply to two hospitals, one of which employs nurses on fixed term contracts while the other employs nurses through an agency. Are contracts entered into with an agency covered by the embargo and must they be terminated also?

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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The detail will be dealt with by the Minister for Finance. The general principle is that all fixed term contracts must be dealt with on the basis of the moratorium when they come up for renewal. Where basic services must be provided it is a matter for management to decide how that will be done. Within many organisations greater efficiency and effectiveness in the provision of front line services and their maintenance at their current level can be achieved by simply not having staff complements dealing with all types of ancillary services. It might be more effective to organise matters otherwise. That system is in place in many areas of the public service and is an integral part of how we manage service on fixed budgets.