Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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118. To ask the Tánaiste and Minister for Justice and Equality the application process for higher scales for administrative grades below the grade of assistant principal operated in his Department (details supplied); and if he will make a statement on the matter. [2655/26]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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My Department assigns higher scales to the administrative grades listed in Circular 24/1995 based on seniority in grade, subject to suitability.

These assignments are performed biannually in order to meet the quotas established in the circular, i.e. 25% of Executive Officers, 30% of Higher Executive Officers and 30% of Administrative Officers.

I am informed that the selection mechanism in the Circular, referred to by the Deputy, specifically the reference to a 50% - 50% split between seniority and application-based streams, was a transitional measure intended solely for the initial implementation of the scheme in 1995 and 1996. These arrangements were designed to manage the immediate assignment of the established from the then-existing staff pool.

The Circular explicitly provides that assignments are made departmentally at the discretion of the Head of the Department.

I understand there is no obligation to maintain a separate application-based stream for ongoing vacancies unless such a requirement is established by a specific local agreement. Where a department utilises a seniority based model, it is a valid exercise of departmental authority under the Circular, provided the mandatory quotas are maintained and officers meet the performance and suitability standards. There is no requirement for a separate policy to override the Circular, as the Circular itself grants this procedural flexibility.

The principle of pay portability is an established principle of Civil Service mobility. An officer who has validly achieved a higher salary scale award in one department retains that scale upon permanent transfer. This ensures that an officer's career progression and earned pay scales are protected across the civil service. It does not circumnavigate local processes, as the officer has already met the service and suitability criteria mandated by the central agreement.