Joe Sherlock (Cork East, Labour)
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Question 103: To ask the Minister for Finance the individual cases of overpayments to civil servants for annual leave entitlements which they did not take during their careers; the value of the overpayment in each case; the Department each individual belonged to; the number of and which Departments are still due to report on this matter; and if he will make a statement on the matter. [33111/06]

Brian Cowen (Laois-Offaly, Fianna Fail)
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My Department was contacted by the Comptroller and Auditor General about a query he had raised with the Accounting Officer of the Department of Education and Science concerning payments for untaken annual leave at retirement in excess of the carry-over provisions of the relevant circular and legislation. While the Department of Finance is responsible for the policy with regard to annual leave it is a matter for Departments and Offices to ensure that this policy is implemented correctly on a daily basis.

My Department contacted Departments and Offices requesting a review of files for the past 4 to 5 years to identify any cases where the annual leave carry-over rules had not been properly applied and to rectify the matter.

Annual leave in excess of that provided for in legislation may be carried from one year to the next over a three year cycle. Statutory leave, 20 days for full-time employees, must be taken in the year in which it is accrued or with the consent of the employee within six months of the next leave year. Therefore in practice only annual leave in excess of the statutory provision is generally carried forward. At the end of the three year cycle the carried over annual leave must be taken or it is forfeited.

Responses have been received from Departments and Offices and the exercise indicates that in a small number of instances some payments were made to retiring officers which may have been made in excess of what is formally allowed for in the Department of Finance annual leave circular.

I am not in a position to give precise details at this stage of payments that were made which were inconsistent with the formal rules or without Department of Finance sanction. Some issues have arisen in connection with the circumstances in individual cases which are being clarified with the appropriate Secretary General or Head of Office.