Written answers

Tuesday, 26 April 2005

Department of Social and Family Affairs

Departmental Staff

9:00 pm

Tony Gregory (Dublin Central, Independent)
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Question 286: To ask the Minister for Social and Family Affairs further to Question No. 322 of 19 April 2005, if there is an appeal procedure available for a civil servant who is refused the right to compete for establishment. [13524/05]

Tony Gregory (Dublin Central, Independent)
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Question 304: To ask the Minister for Social and Family Affairs further to Question No. 322 of 19 April 2005, the circumstances whereby a service grade employee in a permanent position may be excluded from competing in a competition for establishment. [13382/05]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 286 and 304 together.

All service grades, that is, cleaners, service attendants and service officers in my Department are appointed in an unestablished capacity. Competitions are held by the Public Appointments Service from time to time to allow them compete for establishment.

An interdepartmental competition for established appointment to certain positions within the Civil Service was recently advertised. The criteria which a person had to satisfy to be permitted to compete in this competition are set out below.

Candidates must: (1) be serving in an unestablished capacity in one of the grades specified in the governing circular which, in relation to service grades, are head services officer, formerly head messenger, services officer, formerly messenger, services attendant, superintendent of cleaners, supervisor of cleaners, cleaner; (2) have not less than one year's continuous service in the aggregate in one or more of these grades; (3) persons who would have been eligible under (1) and (2) above but for the fact that they were promoted or assigned to other duties were eligible to compete.

In addition, the personnel officer had to be satisfied that the candidates: (a) fulfil the conditions of eligibility specified above; (b) have worked well and been satisfactory in their present duties; (c) have been satisfactory in general conduct; and (d) are suitable from the point of view of health with particular regard to sick leave. In relation to sick leave, the procedures set out in Deptartment of Finance circular 34/76, as amended by circulars 32/91, 33/99 and 17/03, must be followed. If a person does not fulfil all of the above criteria, they are excluded from competing in a competition for establishment.

Appointment to established positions in the Civil Service is carried out under the provisions of the Public Service Management (Recruitment and Appointments) Act 2004. The Act provides that appointments will be made under codes of practice set down by the Commissioners for Public Service Appointments, CPSA. Where a competition is run by the Public Appointments Service or other licence holder, there is provision for appeal under the Act and as set out in the codes of practice.

The appeal procedures provide for the review of a decision, within specified time limits, on any of the issues covered in the code of practice by a person other than the individual who made the decision in question and for further review, if required, by a decision arbitrator.

The relevant codes of practice are available at www.cpsa-online.ie.

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