Bernard Durkan (Kildare North, Fine Gael)
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Question 136: To ask the Minister for Finance the process which is available to persons who are dissatisfied with the outcome of applications or interviews in respect of membership of the civil or public service; if such procedures were followed in respect of the application by a person (details supplied) in County Kildare; if he has satisfied himself that the interviews and decisions arising therefrom are in accord with the relevant legislation, regulations or statutory instruments; and if he will make a statement on the matter. [18860/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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Section 23 of the Public Service Management (Recruitment and Appointments) Act 2004, which relates to codes of practice, requires the establishment of an appeals process. The code of practice issued by the Commission for Public Service Appointments provides guidelines on how the appeals process should work, including timescales for the submission of appeals and complaints, the issuing of acknowledgements and the notification of decisions and explanations.

The appeals procedure adopted by the Public Appointments Service is a three-tier process. It involves a review by the recruitment manager in the first instance. In reviewing a case, the recruitment manager may consult the relevant interview or selection board. The recruitment manager may uphold or change the original decision. If the candidate is not satisfied with the decision taken at the first review, he or she may appeal the decision and the case will be referred to a senior manager at assistant principal or principal level within the recruitment unit who has not been directly associated with the original decision. This manager will review the basis for the decision and the underpinning rationale. He or she may discuss it with the recruitment manager, the public appointments representative at the interview or selection board and the board itself. The manager may overturn the original decision, if appropriate.

A candidate who is not satisfied with the response at the second layer of the appeals process may appeal to a decision arbitrator, who is a person at a senior level unconnected with the selection process. The arbitrator will review all documentation relating to the recruitment process to ensure that the principles set out in the code of practice for recruitment have been followed. The arbitrator will confine the consideration of the appeal to the content of the original information submitted by the candidate. The decision of the arbitrator is final.

I cannot comment on the specific case for which details have been supplied as I understand it is the subject of an appeal that is still in progress. The appeal process is a matter for the Public Appointments Service as set out in the Public Service Management (Recruitment and Appointments) Act 2004.