Seán Fleming (Laois-Offaly, Fianna Fail)
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372. To ask the Minister for Public Expenditure and Reform the categories of employees in the public sector that were not included in the recent changes to sick leave arrangements; the total number of public sector employees affected and not affected by the changes; the reason for excluding certain groups; and if he will make a statement on the matter. [34660/14]

Brendan Howlin (Wexford, Labour)
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The new sick leave arrangements apply to approximately 278,800 FTE in the public service.  This includes public servants in the education sector, the health sector, the local government sector, the civil service, An Garda Síochána, and the non-commercial semi-state bodies.

The main category of public servant to which the new sick leave arrangements do not apply are the Members of the Permanent Defence Force (PDF). There are factors which distinguish the PDF from the rest of the public service. In particular the absence of an occupational injury scheme, the high risk environment in which the PDF operates and the low rates of absenteeism in that sector meant that the new scheme was not directly applied to them.  Notwithstanding this, access to paid sick leave in the PDF is being reduced. There are approximately 9,670 FTE in the PDF who are excluded from the new sick leave arrangements.  

There are other groups who are excluded from the Regulations on the basis that the definition of a public servant is very broad in the legislation that provides for the Minister for Public Expenditure and Reform to regulate sick leave in the public service - thePublic Service Management (Recruitment and Appointments) Act 2004. 

Members of the Judiciaryare excluded as there was no sick leave scheme applicable to the judiciary prior to the introduction of the new arrangements.  In any event, Article 35 of the Constitution provides that the remuneration of judges must not be reduced except in the specific circumstances approved of in the 2011 Referendum on Judges' Pay.  That referendum amendment allowed reductions under the Financial Emergency Measures in the Public Interest Act to be applied to the remuneration of the judiciary.  There are approximately 151 FTE in the judiciary.  

Staff of the Central Bank of Ireland (CBI) are excluded from the new arrangements as changes to their terms and conditions of employment require the consent of the European Central Bank.  However, the CBI has agreed to reduce access to sick leave in line with the Regulations on a voluntary basis.  There are approximately 1,384 FTE in the CBI.  

Members of the Houses of the Oireachtas,comprising TDs and Senators, are excluded from the new arrangements.  As elected representatives they have no sick leave scheme - they continue to hold their positions until such time as they resign or there is a general election regardless of health, maternity etc.  There are approximately 226 Members of the Houses of the Oireachtas.