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Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: I have often watched the television programme "Yes, Minister" and, on the whole, I think we may have avoided some of the worst practices of the self-styled establishment in the British Civil Service. We have looked abroad, however. The strategic management initiative came from the New Zealand experience some years ago. I am not sure whether it is necessary to state it explicitly because staff...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: It is normal that, once one has entered a Department, the Civil Service Commission does not normally become involved in promotions. It is an internal departmental matter until one reaches the level of the Top Level Appointments Commission. This amendment would extend the remit of the commission way beyond where it is at present. The matter is much more efficiently dealt with within the...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: Next session.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: Tomorrow at 10.30 a.m.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: Tomorrow at 10.30 a.m.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: The rolling out of this legislation will be done at the request of Departments and agencies. The Department of Finance will not decide it. The Minister of State's reply was reasonable. Once a principle has been established in legislation and passed, every single application of that principle does not need to be debated. If something special arises, there is a procedure for annulling by a...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: I agree with everything Senator McDowell said. I do not think the special adviser system could be operated if there was some type of formal recruitment process. Special advisers are, generally speaking, personal choices of Ministers and all Governments. I fully accept that watertight safeguards are required. A certain danger exists in the system of patronage. I would not be averse to some...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: It can, of course, happen the other way around.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: It was a party that no longer exists.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: For the information of the House, it is normal at the formation of a Government, more or less at the first Government meeting or at a very early Government meeting, for a decision to be made about the general parameters for the appointment of special advisers and who they should be. I remember it at the beginning of the Fianna Fáil-Labour Government. Special advisers' contracts run out at...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: I thank the Minister of State for his explanation. The perfectly valid point made in the amendment is more than adequately covered in several different places in the legislation.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: This amendment is akin to teaching one's grandmother to suck eggs. It is self-evident that a commission of this type and indeed any agency will promote best practice. It is not necessary to spell this principle out in legislation and the commission is taking over the work of a body which has a fine record of achievement. It is unnecessary to state what is blindingly obvious.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: I disagree. When a declaration of interest is made, the Minister must decide whether those interests interfere with the wisdom of making the appointment. The commission does not have the powers to decide whether somebody should be appointed. If a Minister is responsible for important appointments, there is a case for making a declaration to him or her. For example, the special adviser to the...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: It is legally defined.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: My objection to the amendment is the deletion of the word "Minister". That is wrong. There would be less objection to inserting "Minister and the Standards in Public Office Commission". Many office holders must make the declaration to both their political heads and to the commission.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: It would be a resigning matter. If a material and important interest is not disclosed in decision making, that may make the person's position untenable. It is not a question of prosecutable offences in such cases as they are very often resigning matters.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: The political reality is if a contract was awarded improperly because of a failure to disclose interests, there would be significant pressure to have it annulled. That would involve a major scandal and, in those circumstances, it would not be easy. If a contract had been improperly obtained through a misunderstanding or false pretences, it would be difficult for the beneficiary to retain the...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Martin Mansergh: The problem with this amendment is that it calls into question something all of us take for granted and which has been part of the practice of the State virtually since its foundation. It is a pity to insert provisions which suggest a lack of integrity on the part of a body which has a very fine record. It is totally redundant and unnecessary.

Seanad: Order of Business. (2 Jul 2004)

Martin Mansergh: On the issue of roads, while I fully support Senator Quinn's proposal, we should bear in mind that we have only had substantial lengths of motorway in the country for 12 months. It is clearly the next logical step to be taken. I agree with Senator O'Toole on the issue of electronic voting. We have a verification trail in the House and, therefore, it is an entirely different situation from...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Martin Mansergh: I wish to share time with Senator Ó Murchú. Perhaps the Chair would let me know when five minutes have elapsed. There has been a certain hand-wringing quality to this debate. I intend to be brisk in more senses than one. I compliment the Minister on his speech which gives a detailed explanation not alone of the legislation, but of the background. I also compliment Senator Bannon on his...

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