Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 262: To ask the Minister for Finance the procedures for removing a person who is employed by or under the State; if an outside body can terminate said employment or instruct it to be terminated; and if he will make a statement on the matter. [38992/06]

Brian Cowen (Laois-Offaly, Fianna Fail)
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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. First, under the Civil Service Regulation (Amendment) Act 2005, which was commenced on 4 July 2006, disciplinary action may be taken on grounds of misconduct, irregularity, neglect, unsatisfactory behaviour or underperformance. The relevant Minister has powers of discipline and dismissal for the grades of principal upwards and Secretaries General and heads of office have responsibility for grades below principal. The Government is responsible for the dismissal of civil servants appointed by it.

Second, the Civil Service Regulation (Amendment) Act 2005 provides for transitional arrangements in situations where proceedings, procedures or measures in relation to discipline and dismissal have begun before the Act is commenced, these proceedings are not affected by the changes to the Regulation Act. Such proceedings are to continue until completed or concluded as if the arrangements prior to the amendment of the Civil Service Regulation Act 1956 were still in place.

Third, the Civil Regulation Act 1956 also allows for compulsory retirement on grounds of ill-health at the initiative of the employing Department or office. Finally, 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.