Written answers

Tuesday, 31 May 2016

Department of Public Expenditure and Reform

Public Sector Staff Data

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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555. To ask the Minister for Public Expenditure and Reform the number of persons currently suspended, with full pay, within the public service in its entirety currently; and the average length of this suspension and the cost to the State. [12897/16]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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As Minister for Public Expenditure and Reform I have overarching responsibility for the terms and conditions of public servants. However, specific policies relating to disciplinary procedures are dealt with by the appropriate responsible Minister in each of the sectors.

Broadly speaking, in an employment context, there are two types of suspension. The first is often referred to as a "holding suspension" which is normally part of what might be termed "protective measures". A holding suspension, or other protective measures, can be applied in specific circumstances pending the outcome of an investigation. This type of suspension is not a disciplinary sanction and the employee is paid during that process. Recent case law has established the circumstances under which this type of suspension is appropriate.

This holding suspension is very different to the second type of suspension, which is suspension as a disciplinary sanction. Suspension as a disciplinary sanction can be unpaid and should only be applied following a disciplinary process that has complied with appropriate fair procedures.

In relation to the Civil Service, my Department has responsibility for the design of disciplinary procedures. As the relevant employer, each Civil Service organisation is responsible for managing disciplinary cases in their own organisation and we do not collate that information centrally.

My Department has developed a new Disciplinary Code for the Civil Service which will be implemented later this year. This provides for a range of protective measures that can be used during a disciplinary process.

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