Terence Flanagan (Dublin North East, Independent)
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82. To ask the Minister for Public Expenditure and Reform his plans to introduce penalties for civil servants who give bad advice that ends up costing taxpayers money; and if he will make a statement on the matter. [6147/14]

Terence Flanagan (Dublin North East, Independent)
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83. To ask the Minister for Public Expenditure and Reform when powers will be available to sack civil servants who are non-performing; and if he will make a statement on the matter. [6149/14]

Brendan Howlin (Wexford, Labour)
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I propose to take Questions Nos. 82 and 83 together.

A suite of sanctions, up to and including dismissal, are currently available to deal with underperformance at all levels in the civil service. There is, however, a need to strengthen performance management in the civil service in order to ensure that the tools available to managers to manage performance are appropriately applied in practice. In this context my Department has introduced a number of reforms to the Performance Management and Development System (PMDS) since 2011 and is focused on ongoing and continuous improvement of the system.

As part of these reforms my Department has developed a framework and guidelines for managers across the civil service on how to address underperformance. The guidelines set out a road map for managers and HR units in addressing poor performance and respect the principles of natural justice and fairness. The guidelines reflect good practice in the management of performance in a private or public sector environment. Where performance does not improve to a satisfactory level, despite the efforts of the manager, the manager can legitimately start disciplinary action under the Civil Service Disciplinary Code.

Following changes to the Civil Service Regulation Act 1956, introduced by the Civil Service Regulation (Amendment) Act 2005, disciplinary action can be taken in cases of underperformance as well as in cases of misconduct, irregularity, neglect or unsatisfactory behaviour. Disciplinary action can include: deferral of an increment; reduction in pay; suspension without pay or ultimately dismissal. As set out above, these sanctions are currently available to managers to deal with poor performance at all levels in the civil service.

The Deputy might wish to note that in accordance with due process and principles of natural justice, disciplinary action can only be taken where a staff member has been warned and given the opportunity to improve his or her performance and where appropriate training and development measures have been taken. These types of requirements apply equally to employees in the private sector.