Tom Parlon (Laois-Offaly, Progressive Democrats)

Section 7 inserts a new section 5(a) into the 1956 Act to provide clarification on the initial appointment of persons as civil servants. It provides that persons may be appointed as established civil servants on contract in a probationary capacity. Currently, when officers such as executive and administrative officers enter the Civil Service, they are employed in an unestablished capacity on a probationary contract for the first year of service. Following the satisfactory completion of the probationary period, the officers may be appointed on an established basis. It was proposed to change the procedure to provide that instead of being unestablished for a year, officers could be appointed in an established capacity while on contract in the probationary period. The change would resolve current administrative difficulties associated with the transfer from unestablished to established status, including the need to move to an established pension scheme.

The Office of the Attorney General advised that it was not possible under the 1956 Act to employ an established officer on a contractual basis as established civil servants are employed at the will and pleasure of the Government, which is relationship of a non-contractual nature. As new officers are appointed on a probationary contract, they can only be appointed in an unestablished capacity which may lead to establishment following satisfactory completion of probation. To clarify the position and reduce the administrative burden associated with the practice, the Bill amends section 5 of the 1956 Act to provide that officers can be appointed in an established capacity on entering the Civil Service on the basis of a probationary contract. The section, which was amended in the Dáil, provided originally that a person could be engaged as an established civil servant for a specified period or the duration of a particular project or requirement. As the provision was removed, the section deals solely with civil servants serving during probationary periods.

In light of the foregoing and in view of the fact that the Bill no longer deals with appointments for a specified time or particular project, the amendment offered on Committee Stage was not accepted.