Denis Naughten (Longford-Roscommon, Fine Gael)
Link to this: Individually | In context

Question 255: To ask the Minister for Finance the procedures that are in place for the removal of a person who is employed by or under the State; if an outside body can terminate such employment or instruct it to be terminated; and if he will make a statement on the matter. [27711/06]

Brian Cowen (Laois-Offaly, Fianna Fail)
Link to this: Individually | In context

I understand that the Deputy's question relates specifically to the situation regarding civil servants.

There are a number of grounds on which a civil servant may be removed from office:

(a) Under the Civil Service Regulation Act 1956, the Government may dismiss or discipline an established civil servant for misconduct or fraud. There is a disciplinary code which sets out the procedures under which this action can take place; the Code also provides for an appeal process to allow the officer the opportunity to state a defence. In the case of an unestablished civil servant, dismissal may be decided by the relevant Minister.

(b) The Civil Regulation Act 1956 also allows for compulsory retirement on grounds of ill-health at the initiative of the employing Department or Office.

(c) Under the 1909 and 1963 Superannuation and Pensions Acts, an officer may be retired early on grounds of organisational efficiency or effectiveness and receive a pension before the normal pension age.

Before the commencement on 4 July, 2006 of the Civil Service Regulation (Amendment) Act 2005, the termination of employment of an established civil servant was decided by the Government. With the commencement of the Act, the relevant Minister has powers of discipline for the grades of Principal upwards and Secretaries-General and Heads of Office have responsibility for grades below Principal.

Where a civil servant is working for an agency or board, the chief executive or the board of the organisation would have a role in advising the Minister or Government on the background to the proposed removal from office.