Patrick O'Donovan (Limerick, Fine Gael)
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484. To ask the Minister for Environment, Community and Local Government the duration of time in which a person can work in an acting capicity in a local authority; if the position is being filled can the person who is acting apply for the position; and if he will make a statement on the matter. [41088/13]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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My Department operates a delegated sanction, from the Department of Public Expenditure and Reform, for implementation of the moratorium in relation to local authorities, and any exceptions to the moratorium in local authorities require sanction from my Department. Acting up arrangements of less than 4 months duration do not attract an acting up allowance and do not require my Department’s sanction; however, sanction is required for all acting arrangements over 4 months duration.

Under section 159 of the Local Government Act 2001, each City and County Manager is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible.  In this regard, it is a matter for City and County Managers, in the first instance, to ensure that the moratorium is implemented while the appropriate service levels are maintained. 

It is open to local authorities to seek sanction to fill critical posts. My Department examines all staffing sanction requests on a case by case basis having due regard to the continued delivery of key services in the context of staffing and budgetary constraints. In considering sanction requests public safety, maintaining key front line services, and economic issues are given precedence.

The running of competitions for local authority posts is a matter for the local authority in question and the Public Appointments Service as appropriate. Subject to the terms of sanction once local authority staff meet all relevant requirements, particularly in terms of qualifications and experience, it is open to them to apply for positions as they arise.