Written answers

Tuesday, 18 October 2005

Department of Foreign Affairs

Departmental Staff

9:00 pm

Photo of Michael D HigginsMichael D Higgins (Galway West, Labour)
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Question 456: To ask the Minister for Foreign Affairs if his attention has been drawn to the Labour Court recommendation of 29 January 2001, which expressed concern that a small category of employees of the State employed at Irish embassies abroad have no mechanism for pursuing grievances as they are excluded from the terms of the Civil Service conciliation and arbitration scheme and are not regarded as workers within the meaning of section 23 of the Industrial Relations Act 1990; if his attention has been drawn to his predecessor's statement on 22 March 2001 that his Department was anxious to give effect to the court's recommendation and was actively examining, in consultation with his colleagues in the Department of Finance, methods by which an appropriate mechanism could be put in place, and a similar statement by the Department of Foreign Affairs on 11 February 2004 in reply to Question No. 178 that the mechanism was expected to be in place well before the end of that year; if this promised mechanism will be put in place before the end of 2005. [29193/05]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There are two aspects to this issue, namely, the provision of grievance and discipline procedures for locally recruited staff in Irish missions abroad and, second, determining how such staff pursue pay, grade and related matters in the absence of agreement with management.

In the former case, following consultation with union representatives and with heads of Irish missions abroad, as well as the examination of best practice in other foreign services, detailed circulars outlining procedures for dealing with grievances and disciplinary issues have now been prepared and will issue shortly to missions.

The grievance circular is designed to ensure that locally recruited staff at missions are entitled, in the same way as their Civil Service colleagues in Ireland, to carry out their duties free from any form of harassment, including sexual harassment or bullying. It will not, however, deal with pay, grade or related issues.

The disciplinary circular is designed to ensure that locally recruited staff are dealt with in a fair and equitable manner and to provide a procedure by which impropriety can be dealt with effectively, thus ensuring the highest standard of conduct are maintained.

With regard to pay, grade and related matters, and following the Labour Court recommendation referred to by the Deputy, the feasibility of having Irish union representation for locally recruited staff in missions is under consideration. The Department is well disposed towards this.

The Department has also undertaken a wider review of all the issues involved. In view of the legal complexity of some of the issues, this is being conducted jointly by the human resources and legal divisions of the Department. It will also be necessary to seek the views and guidance of the Attorney General. This review is being given the highest priority.

In the meantime, the traditional procedure for dealing with pay, grade and related claims remains in place. This, in summary, provides for the relevant head of mission to consider claims by local staff and to make a recommendation to the Department, where it is fully considered. If considered necessary, and in particular in circumstances where a satisfactory outcome for all sides is not achieved, the public service division of the Department of Finance is consulted.

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