Written answers

Thursday, 6 November 2014

Department of Public Expenditure and Reform

Public Sector Staff Recruitment

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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22. To ask the Minister for Public Expenditure and Reform his plans to facilitate public sector workers on contracts of indefinite duration in progressing to more favourable permanent contracts. [42064/14]

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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As Minister for Public Expenditure and Reform I have overarching responsibility for recruitment to the Civil Service. Such recruitment is governed by the Public Service (Management and Recruitment) Act 2004. Under the Act, the method of appointment to a permanent Civil Service post is as a result of being successful in a competition run by the Public Appointments Service (PAS) or by another licence holder such as the head of a Department or Office. Selection processes are open to all eligible applicants who meet minimum entry criteria. 

The mismanagement of a fixed-term contract may lead to an employee having an entitlement to a contract of indefinite duration.  A contract of indefinite duration is an employment contract which is not defined by an objective condition such as arriving at a specific date, completing a specific task or the occurrence of a specific event. It should be noted that in the Civil Service context, entitlement to a contract of indefinite duration is not the same as being appointed as an established civil servant. A contract of indefinite duration may still be linked to a specific activity and can be terminated by notice as provided in the Minimum Notice and Terms of Employment Acts (1972-2005). 

It is a matter for Human Resource Units in all Departments and Agencies to have procedures in place for dealing with the recruitment and employment of fixed-term employees and the management of their contracts.  My Department issues Guidelines on "Best Practice for the Recruitment and Management of Fixed-term Employees in the Irish Civil Service". These are revised from time to time as required. The most recent version issued in April 2014 and took account of changes arising as result of the Single Pension Scheme and the Haddington Road Agreement. The Guidelines can be found on my Department's HR Management website. Any proposal from a Department for a change in the status of an employee from being on a contract of indefinite duration to a permanent employee would need to comply with the Public Service (Management and Recruitment) Act 2004 and be sanctioned by my Department. 

Decisions on the filling of posts, permanent or otherwise, in other public service bodies are a matter for the employing bodies in the context of their business needs.

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