Written answers
Thursday, 14 December 2006
Department of Finance
Departmental Staff
7:00 pm
Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 165: To ask the Minister for Finance the procedures for removing a person who is employed by or under the State; if there is a difference in the employment status of the two definitions; if an outside body other than an agent of the State can terminate such a persons employment or instruct it to be terminated; and if he will make a statement on the matter. [43405/06]
Brian Cowen (Laois-Offaly, Fianna Fail)
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I understand that the Deputy's question relates specifically to the position of an established civil servant subject to the provisions of the Civil Service Regulation Act 1956.
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.
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.
[d] 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.
[e] In relation to the definition of the term "employed by or under the State", this phrase has been interpreted by the courts in a number of cases. The phrase covers both civil servants of the State and of the Government. The former refers to persons employed by the organs of the State established by the Constitution such as the Attorney General and the President. The latter refers to persons employed in the Civil Service of the Government, that is Departments controlled by individual Ministers. The distinction is a technical one and both groups are civil servants.
[f] It is not possible to comment on the role of an "outside body" in relation to the dismissal of an employee as this may depend on a number of factors including the employment relationship and who the employer is in any particular situation.
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