Thomas Byrne (Fianna Fail) | Oireachtas source

I move amendment No. 12:

In page 9, to delete lines 31 to 37 and substitute the following:“(c) the terms of any collective agreement negotiated with any recognised trade union or staff association concerned, relating to mobility or redeployment of public service employees or if no such collective agreement is applicable, the terms of any policy for the time being of the Minister;”.

If this amendment was accepted, it would deal with most of the issues I have with the Bill. We do not have issues with the main point of the Bill, which is worthwhile and needs to be passed. When the Public Appointments Service is making a designation of an employee to be redeployed, it must take into account a number of points. Section 57D(c) refers to "the terms of any policy for the time being of the Minister, or collective agreement negotiated with any recognised trade union". These terms are the wrong way around and the collective agreement term should be placed first, followed by the terms of any policy for the time being of the Minister if no such collective agreement is applicable. If there is a collective agreement in force, it should have precedence over everything. In that section, the terms are the wrong way around and the Minister's policy is relevant if there is no collective agreement in place.

However, other than that, the collective agreement, presumably, should come first. Providing for them in this order gives the impression that the Minister's policy is superior or has more meaning for the PAS than any collective agreement.