Michael Noonan (Limerick East, Fine Gael)
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Question 412: To ask the Minister for Justice, Equality and Law Reform the circumstances that led to the cancellation of an examination in December 2005 to evaluate the suitability of basic grade prison officers for promotion; the cost of the cancelled examination; if a similar cancellation occurred five years ago; the cost of this cancellation; the arrangements he is putting in place to reschedule the examination; if all candidates who sat the cancelled exam will be obliged to take it; and if he will make a statement on the matter. [3826/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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An examination for promotion from the prison officer grade to the assistant chief officer grade was held over a number of days in 2000. Following numerous representations and complaints from concerned parties, the view was taken that the results from stage one of the exam may have been compromised. Arising out of this conclusion, a decision was taken to allow all prison officers who presented themselves for stage one of the exam to proceed through to stage two. A panel was formed using the results from stage two of the exam.

As the exam in 2000 was not cancelled, no cancellation costs were involved. However, a number of prison officers instigated legal proceedings to prevent appointments from the panel. Following a judicial review, judgment was made in favour of the Irish Prison Service, which was permitted to proceed with promotions from the panel. Subsequently, costs were awarded to the Irish Prison Service and, as is its policy in these matters, it is currently pursuing recovery of its costs.

On 6 December 2005, 310 prison officers were scheduled to sit a competency based exam as part one of the promotion process to assistant chief officer, which was out sourced to a firm of occupational psychologists. Two sessions were held in two centres, Dublin and Portlaoise. Two parallel versions of the same test were used in each location, with different versions applied in the morning and afternoon. However, following the identification of two errors on paper two of the afternoon session, that session was aborted. The errors did not affect the correct answer but apparently caused some anxiety among those officers sitting the exam in Dublin. The officers in the Portlaoise centre completed the test without drawing the attention of the invigilators to the errors on the exam. The invigilators in the Dublin centre took a unilateral decision to abort the test in their centre and contacted their counterparts in Portlaoise requesting them to do the same. The decision was taken in the absence of consultation with the Irish Prison Service.

Arrangements have been put in place to reschedule the remaining parts of the exams for the 143 officers who sat the second version of the exam that contained the errors. Only the officers who participated in the afternoon sessions of the exam were scheduled to sit the affected parts — papers two and three — of the exam again on Friday, 3 February 2006.

In terms of the financial costs, 50% of the design and delivery of the exam process was paid to the firm of occupational psychologists prior to the date of the test. The question of future payments and liability for the additional costs consequent on the cancelled examination is under discussion. While the inconvenience caused to all concerned is very much regretted, the Irish Prison Service, cognisant of the need for the timely provision of assistant chief officers to meet the requirements of the program for organisational change and having taken expert advice, believes that this is the fairest and most efficient way forward for all concerned. Appointments to the vacancies are expected to take place by late March or early April of this year.