Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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To ask the Minister for Public Expenditure and Reform the number of dismissals there have been in the civil and public service in the past 10 years and in which Departments/sections; the number of these dismissals that were challenged in the courts or at the Employment Appeals Tribunal; and the outcome of these challenges. [43222/12]

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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To ask the Minister for Public Expenditure and Reform the amount of public money that was spent defending unfair dismissal cases in the civil and public service in the past 10 years and the persons who make decisions to defend such cases. [43223/12]

Brendan Howlin (Wexford, Labour)
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I propose to take Questions Nos. 291 and 292 together.

The Civil Service Disciplinary Code sets out the procedures for dealing with dismissals in the Civil Service. Dismissals in other areas of the Public Sector are a matter for the relevant sector.

Prior to 2006, disciplinary and dismissal procedures were for the civil service as set out in Circular 1/1992. Under these procedures, it was the responsibility of the Government to decide whether a civil servant should be dismissed. Under these procedures my Department submitted each case to Government and so had an overview of the number of dismissals in the Civil Service. During the period 2002 to 2009, there were sixteen dismissals under these procedures (see attached table). (Where disciplinary proceedings had already commenced prior to July 2006 the case continued to be dealt with under the disciplinary procedures in Circular 1/1992).

Under the provisions of the Civil Service Regulation (Amendment) Act 2005, each Secretary General/Head of Office, has the authority, responsibility and accountability for carrying out a range of duties in their Departments/Offices. Among these are the management of all matters pertaining to the appointment, performance, discipline and dismissals of staff below the grade of Principal. The Disciplinary Code was revised in July 2006 to reflect the legislative changes and procedures for discipline and dismissals are now detailed in Circular 14/2006. Therefore, my Department is not generally consulted about discipline and dismissals cases as it had been in the past under the previous Code (Circular 1/1992). Accordingly my Department does not have any details in relation to dismissals under the revised procedures introduced in 2006. It is a matter for each Head of Department having taken the appropriate legal advice to decide whether a case for unfair dismissal is defended or not.

Dismissal Cases from 2002 – 2009