Finian McGrath (Dublin North Central, Independent)
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Question 78: To ask the Minister for Finance if he will advise on a case (details supplied). [18010/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Recruitment and appointment to a position in the Civil Service is normally carried out by the Public Appointments Service (PAS) under the provisions of the Public Service Management (Recruitment and Appointments) Act 2004. Departments and Offices can also obtain a recruitment licence from the Commission for Public Service Appointments for this purpose. In considering someone for appointment to the Civil Service, the licence holder must evaluate suitability in all respects. This includes suitability on grounds of character which would encompass such matters as criminal convictions. In addressing the issue of a criminal conviction, the licence holder would have regard to such matters as:

the nature and sensitivity of the post being filled,

the classification of the offence,

the circumstances under which the offence was committed,

the age of the person at the time of the offence,

any extenuating circumstances,

the sentence passed or served,

the elapsed time since completion of the sentence, and

whether the person has re-offended in the interim period.

If a candidate is rejected on grounds of character, this does not prevent him/her from applying for Civil Service competitions at a future date. Candidates are afforded the opportunity to complete a Health and Character Declaration during the recruitment process. This affords candidates the opportunity to bring all relevant matters to the attention of their potential employer. In accordance with the Public Service Management (Recruitment and Appointments) Act 2004 in respect of a competition for a post with the public service it is an offence to knowingly or recklessly make an application that is false or misleading in a material respect for the position.