Alan Shatter (Dublin South, Fine Gael)
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Question 123: To ask the Minister for Finance the guidelines that exist regarding the procedure applicable to the dismissal of a public servant or a chief executive or an employee of a State of semi-State body; the circumstances stated in such guidelines in which it is said to be appropriate to effect such dismissal; the financial arrangements applicable to same; if he will furnish a copy of the said guidelines; and if it is intended to make amendments to them. [34604/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The area for which I have direct responsibility is the civil service.

A Disciplinary Code for civil servants is set out in Circular 14/2006: Civil Service Disciplinary Code revised in accordance with the Civil Service Regulation (Amendment) Act 2005. The Code came into effect on 4 July 2006 and replaced the previous Code as set out in Circular 1/92. The Civil Service Regulation (Amendment) Act 2005 allows certain provisions contained in the Public Service Management Act 1997 to take effect. The 2005 Act gives each Secretary General/Head of Scheduled Office, as appropriate authority, responsibility for managing all matters relating to performance, conduct and discipline of civil servants below Principal Officer level. Ministers continue to be the appropriate authority for these matters in relation to civil servants at or above Principal level in accordance with the Civil Service Regulation Acts 1956 to 2005. The code is available on the personnel code website: www.personnelcode.gov.ie.

Specific arrangements apply to disciplinary matters affecting employees in other areas of the public service and these are the prime responsibility of the relevant Ministers. For instance, procedures for the suspension and dismissal of teachers have recently been agreed and these are available from the Department of Education and Science.

Guidelines are available on the contracts, remuneration and other conditions of chief executives and senior management of commercial state bodies. The guidelines are available on my Department's website – www.finance.gov.ie.

Contracts for Chief Executives of individual non-commercial state bodies contain provisions relating to circumstances in which the employment of the chief executive may be terminated. The circumstances in which employment may be terminated normally include misconduct or gross default affecting the business of the Body concerned, bankruptcy, incapacitation and conviction of a criminal offence, other than an offence which in the opinion of the Body concerned does not affect the position as chief executive.

As regards severance/early retirement arrangements for chief executive officers, the current guidelines are set out in a letter to all Heads of Departments on 26 May 1998. A copy of the letter is set out below this reply.

An Roinn Airgeadais

Department of Finance

Ref: P18/126/98

26 May 1998

To: All Heads of Department

A Chara,