Michael McGrath (Cork South Central, Fianna Fail)
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139. To ask the Minister for Public Expenditure and Reform if he will address a specific issue concerning the Public Appointments Service (details supplied); and if he will make a statement on the matter. [37072/24]

Paschal Donohoe (Dublin Central, Fine Gael)
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I am informed by the Public Appointments Service that in accordance with the provisions of Section 160 of the Local Government Act 2001, the Minister of the Department of Housing, Local Government and Heritage (through a delegated power) declared the qualifications for the role of Senior Executive Engineer. The Public Appointments Service (publicjobs) are the recruiters for certain permanent posts in the local government sector, including that of Senior Executive Engineer.

In every publicjobs competition, candidates must meet the eligibility requirements for the role. In this competition, candidates had to hold an honours degree, Level 8 in the National Framework of Qualifications (NFQ) in Engineering. It is important to note that this is irrespective of the country that the degree is awarded in.

The response from the Commission for Public Service Appointments (CPSA) outlining that the candidate can pursue engineering roles is not disputed by publicjobs. However, for this particular position a specific level of qualification was required. The qualification sought was not an engineering degree, but rather the qualification required, as set out by the Minister for Housing, Heritage, and Local Government, was an honours degree, Level 8 in the NFQ in Engineering.

As the Minister has determined the qualifying criteria for the role, publicjobs cannot, and is not entitled to, appoint a person who does not meet the qualifying criteria to the role in question. As outlined by the CPSA in their Code of Practice, once Section 7 and/or Section 8 review processes have concluded, there is no further recourse to review under the Code. Outside of this, candidates are free to exercise their rights as they see fit.

Note

There was a recent judgement in relation to how publicjobs assessed the qualifications for this role and this judgement referred to below found in favour of the approach and the reasoning adopted by publicjobs. This judgement did not relate to the candidate referred to above but did relate to this recruitment campaign.

Mr. Justice Cian Ferriter's judgement of Case 2023/857JR, was also concerned with the manner in which publicjobs interpreted the qualification standard set by the Minister for this competition. In point 42 he notes that “Ultimately, it seems to me that it was reasonably open to the PAS to take the view it did as regards the engineering degree requirement. The department had stipulated the requirement of an honours degree to level 8 in engineering and had not, as it might have done, qualified or extended that requirement by stipulating that a materially equivalent degree to the department’s satisfaction could also be acceptable. Over the course of the process as a whole, the applicant was fully heard as to his position on the question of whether his degree matched the engineering degree requirement. PAS did not ultimately agree with him. I can find no breach of fair procedures or want of lawfulness in the decision making process in the circumstances”.