Thomas Byrne (Fianna Fail) | Oireachtas source

I did not table an amendment on this issue, but it is worth considering. The original Croke Park agreement provided for an appeals process and stated, "Where a staff member wishes to appeal a redeployment decision, such an appeal will be managed by an agreed adjudicator who will reach a decision within the terms of the scheme within 21 days". An appeals process should be a basic provision where there is compulsory redeployment. It does not have to be administratively burdensome, but it would give staff protection if they are compulsorily designated for redeployment. This will not arise in the context of the Haddington Road agreement, but we are including in statute something that will give the PAS huge power to move staff around. While the PAS needs that power, employees need some level of protection.

One protection is that redeployment would first be sought or advertised on a voluntary basis. The 10,000 staff who left did so voluntarily. There is an element that goes beyond that in the sense that there was no statutory basis. Perhaps the process was not entirely voluntary but there was an appeals process. There should be a very simple appeals process set out in the legislation to allow for a second look without turning the matter into an administrative burden or a gold-mining exercise or money-spinner, as occurred with certain appeals processes. Essentially, the Public Appointments Service could just designate somebody having considered the matters that arise. Perhaps there needs to be more provision for that.