Reform history

# Civil Service Regulation (Amendment) Act 2005

##### 1 Citation.

##### 2 Commencement.

##### 3 Interpretation (*Part 2*).

##### 4 Amendment of section 1 (Interpretation) of Principal Act.

##### 5 Appointment of Head of Scheduled Office.

| “Appointment of Head of Scheduled Office. | 1A.—Where for the time being no person stands appointed as the principal officer of a Scheduled Office the Government may by order designate a person to be Head of the Scheduled Office concerned for the purposes of this Act.”. |

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##### 6 Appropriate authority.

##### 7 Tenure of office of established civil servants.

| “Tenure of office of established civil servants. | 5.—(1) Every established civil servant shall hold office at the will and pleasure of the Government. (2) Where the Government so authorises, the powers and functions of the Government under subsection (1) of this section may as respects an established civil servant be exercised by the Minister of the Government by whom the power of appointing a successor to that civil servant would for the time being be exercisable. (3) Where the Government so authorises, the powers and functions of the Government under subsection (1) may, as respects an established civil servant in relation to whom a person other than a Minister of the Government is the appropriate authority, be exercised on behalf of the Government by such appropriate authority. (4) Subsections (2) and (3) shall not apply as respects the dismissal of— (*a*) a civil servant who is the Head of a Scheduled Office, or (*b*) a civil servant who holds a position as Commissioner of the Revenue Commissioners appointed pursuant to Article 7 of the Revenue Commissioners Order 1923. (5) A Minister of the Government shall not exercise the powers and functions exercisable by him or her by virtue of subsection (2) unless the Secretary General of the Department concerned or the Head of the Scheduled Office concerned has made a recommendation in writing in that regard as respects the civil servant concerned. (6) This section shall not apply to a person who is an established civil servant holding the office referred to in section 17(1) of the Courts Service Act 1998. |

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| Appointment of civil servants on probationary contract. | 5A.—(1) Notwithstanding any other provision of this Act, a person may initially be appointed to be an established civil servant on the basis of a probationary contract. (2) Where a civil servant to whom subsection (1) refers completes the probationary period concerned to the satisfaction of the appropriate authority, that civil servant shall be appointed as an established civil servant and subsection (1) shall cease to apply to that appointment. (3) Where a civil servant to whom subsection (1) refers does not complete the period of the probationary contract to the satisfaction of the appropriate authority, the provisions of section 7 shall apply. (4) Nothing in this section shall prevent the termination of an appointment under subsection (1) in accordance with the terms and conditions of the probationary contract prior to the expiry of the term of the contract.”. |

##### 8 Appointment of civil servants beyond normal retirement age.

| “Appointment of civil servants beyond normal retirement age. | 8A.—(1) Subject to subsections (2) and (3), nothing in section 8 shall prevent the appointment of a person who has attained the age of 65 years to an established or unestablished position in the Civil Service. (2) A person who has attained the age of 65 years shall not be appointed to either an established or unestablished position in the Civil Service unless that person is a new entrant. (3) This section shall not apply as respects the appointment of a person to a position as an officer to whom the Act of 1919 applies. (4) In this section ‘new entrant’ has the same meaning as is assigned to it by section 2 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004.”. |

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##### 9 Amendment of section 14 (Remuneration of civil servant suspended from duty) of Principal Act.

| “Remuneration of civil servant suspended from duty. | 14.—(1) Where a civil servant stands suspended under section 13, subject to subsections (2) and (3), the civil servant shall be paid ordinary remuneration. (2) Nothing in subsection (1) shall entitle a civil servant standing suspended to be paid ordinary remuneration in circumstances where the civil servant would not, but for subsection (1), be entitled to be paid ordinary remuneration. (3) Subsection (1) does not apply to a person suspended under section 15.”. |

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##### 10 Amendment of section 15 (Disciplinary measures) of Principal Act.

| “Disciplinary measures. | 15.—(1) (*a*) Where, in the opinion of the appropriate authority, a civil servant has, in relation to his official duties, been guilty of misconduct, irregularity, neglect, unsatisfactory behaviour or underperformance, the appropriate authority may, subject to subsection (3) of this section, either for a specified period or otherwise, do one or more of the following— (i) place the civil servant on a lower rate of remuneration, (including the withholding of an increment), (ii) reduce the civil servant to a specified lower grade or rank, or (iii) suspend the civil servant without pay. (*b*) Where the rate of remuneration of a civil servant (in this paragraph referred to as his original rate) has been reduced by reason of his being placed pursuant to paragraph (*a*) of this subsection, on a lower rate (in this paragraph referred to as his reduced rate)— (i) the appropriate authority may subsequently either, as he thinks fit, place the civil servant on his original rate or on a rate of remuneration between his original rate and his reduced rate, (ii) if the appropriate authority, pursuant to subparagraph (i), places him, under subparagraph (i) of this paragraph, on a rate of remuneration between his original rate and his reduced rate, he may subsequently place the civil servant on his original rate. (*c*) Where a civil servant is reduced to a lower grade or rank in pursuance of paragraph (*a*) of this subsection, the appropriate authority may subsequently re-appoint that civil servant to his original grade or rank. (2) If any question arises in relation to a matter referred to in subsection (1) as to whether a particular grade or rank is a lower grade or rank, the question shall be determined by the Minister. (3) Before any action is taken pursuant to paragraph (*a*) of subsection (1) of this section, the civil servant concerned shall be afforded an opportunity of making to the appropriate authority any representations that the civil servant may wish to offer. (4) An appropriate authority shall not in relation to the matters referred to in this section commence the process leading to one of the actions specified at subparagraphs (i) to (iii) of subsection (1)(*a*) by reason of underperformance on the part of the civil servant unless the appropriate authority is satisfied that measures aimed at improving the performance of the civil servant through training or development— (*a*) have in relation to that civil servant been introduced and applied, and have failed to result in specified improvement in performance on the part of the civil servant, or (*b*) have in relation to that civil servant no reasonable prospect of resulting in an improvement in performance on the part of the civil servant. (5) (*a*) Where an appropriate authority pursuant to subsection (1) causes the remuneration of a civil servant to be reduced, any benefits or entitlements under any superannuation scheme which had accrued to or in respect of the civil servant prior to the imposition of such disciplinary measures shall not be reduced by reason of the imposition of such measures. (*b*) Where an appropriate authority pursuant to subsection (1) causes the grade or rank of a civil servant to be reduced, any benefits or entitlements under any superannuation scheme which had accrued to or in respect of the civil servant prior to the imposition of such disciplinary measures shall not be reduced by reason of the imposition of such measures. (6) The preceding subsections of this section do not apply to a civil servant— (*a*) holding a position to which he was appointed by the Government, (*b*) holding a position as Commissioner of the Revenue Commissioners appointed pursuant to Article 7 of the Revenue Commissioners Order 1923, (*c*) holding the position of Clerk of Dáil Éireann. (7) The provisions of this section are without predjudice to any other provision of this Act or such other disciplinary measures as may be specified in the Civil Service Disciplinary Code. (8) The provisions of this section are without prejudice to sections 13 and 14.”. |

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##### 11 Amendment of section 16 (Unauthorised absences from duty) of Principal Act.

##### 12 Appointment of officers of the Attorney General.

| “Appointment of officers of the Attorney General. | 19.—(1) Subject to subsection (2), the power of appointing a person to be an officer or servant of the Attorney General shall be vested in the Attorney General. (2) The power of appointing a person to be an officer of the Attorney General of the grade of Secretary General or of an equivalent grade shall be vested in the Taoiseach. (3) The Minister for Finance shall from time to time determine the number of officers and servants appointed to the Office of the Attorney General and all such officers and servants shall hold office on such terms and conditions as the Minister for Finance shall determine. (4) A reference in this section to ‘the grade of Secretary General or of an equivalent grade’ shall be construed as a reference to the general service grade of Secretary General or a position or office in respect of which the salary is not less than the salary of a general service grade Secretary General.”. |

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##### 13 Insertion of Schedule 2 to Principal Act.

##### 14 Cesser of delegation of powers under Principal Act.

##### 15 Transitional.

##### 16 Amendment of section 20 of Staff of the Houses of the Oireachtas Act 1959.

| “Tenure of office of staff of the Houses of the Oireachtas Commission. | 20.—(1) Notwithstanding anything contained in section 5(1) of the Regulation Act, where the Government so authorises, the powers and functions of the Government under section 5(1) may as respects an established civil servant be exercised— (*a*) in the case of a person who holds the office of Clerk or Clerk-Assistant of Dáil Éireann, by the Taoiseach on the recommendation of the Chairman of Dáil Éireann, following consultation by that Chairman with the Houses of the Oireachtas Commission; (*b*) in the case of a person who holds the office of Clerk or Clerk-Assistant of Seanad Éireann by the Taoiseach on the recommendation of the Chairman of Seanad Éireann following consultation by that Chairman with the Houses of the Oireachtas Commission; (*c*) in the case of a person who holds the office of Superintendent, Houses of the Oireachtas, or Captain of the Guard, Houses of the Oireachtas, by the Taoiseach following consultation with the Chairman of Dáil Éireann, the Chairman of Seanad Éireann and the Houses of the Oireachtas Commission; (*d*) in the case of a person who is a member of the staff of the Houses of the Oireachtas Commission who is of the grade of Principal or of an equivalent or superior grade and to whom paragraphs (*a*) to (*c*) do not apply, by the Houses of the Oireachtas Commission following a recommendation to that effect given by the Secretary General of the Office of the Houses of the Oireachtas; and (*e*) in the case of a person who is a member of the staff of the Houses of the Oireachtas Commission who is below the grade of Principal or of an equivalent grade and to whom paragraphs (*a*) to (*c*) do not apply, by the Secretary General of the Office of the Houses of the Oireachtas. (2) A reference in this section to ‘the grade of principal or of an equivalent or superior grade’ shall be construed as a reference to the general service grade of principal or a position or office in respect of which the maximum salary is not less than the maximum salary of a general service grade principal.”. |

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##### 17 Amendment of section 12 of Houses of the Oireachtas Commission Act 2003.

##### 18 Amendment of section 16 of Houses of the Oireachtas Commission Act 2003.

##### 19 Amendment of Comptroller and Auditor-General Act 1923.

| “Staff of Comptroller and Auditor-General. | 4.—(1) The power of appointing a person to be an officer or servant of the Comptroller and Auditor-General shall be vested in the Comptroller and Auditor-General. (2) The Minister for Finance shall from time to time determine the number of officers and servants appointed to the Office of the Comptroller and Auditor-General and all such officers and servants shall hold office on such terms and conditions as the Minister for Finance shall determine.”. |

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##### 20 Amendment of Ombudsman Act1980.

##### 21 Interpretation (*Part 6*).

##### 22 Extension of Unfair Dismissals Act to civil servants.

| “Application of Act to certain civil servants. | 2A.—(1) For the purposes of this Act, as respects the dismissal of a person who prior to such dismissal was a civil servant a reference in this Act to an ‘employee’ shall be construed as including a civil servant who held office in the Civil Service of the Government or in the Civil Service of the State. (2) Subject to subsection (4), for the purposes of this Act, as respects the dismissal of a person who prior to such dismissal was a civil servant a reference in this Act to an ‘employer’ shall be construed as including the State, a Minister of the Government, a Department or a Scheduled Office (which term has the same meaning as it has in the Civil Service Regulation Act 1956) in which the civil servant concerned held office prior to the dismissal. (3) As respects a civil servant to whom this Act applies, for the purposes of this Act, ‘contract of employment’ means such arrangements as are made by the Minister for Finance under section 17 of the Civil Service Regulation Act 1956, together with such further terms and conditions of service which apply to the civil servant concerned, made in respect of a particular Department or Scheduled Office which extend or alter the arrangements under the said section 17. (4) For the purposes of this section and the First Schedule— (*a*) ‘Department’ includes such bodies or organisations (whether established by or under statute, or otherwise) other than a Scheduled Office, for which the Minister having charge of the Department concerned is responsible, and (*b*) ‘Scheduled Office’ includes such bodies or organisations (whether established by or under statute or otherwise) for which the Minister of the Government having charge of the Scheduled Office is responsible. (5) Where, as respects a person who was dismissed as a civil servant, the dismissal is found to be an unfair dismissal, and the rights commissioner, the Tribunal or the Circuit Court, as the case may be, considers, pursuant to section 7, that it is appropriate that such person be re-engaged or re-instated, the right of re-instatement or re-engagement shall be construed to be a right to be re-instated or re-engaged, as the case may be, in the grade or rank held by that civil servant prior to his dismissal. (6) Nothing in this section shall be construed as affecting the status of a civil servant as an officer.”. |

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##### 23 Interpretation (*Part 7*).

##### 24 Amendment of section 1 of Act of 1973.

##### 25 Application of Act to civil servants.

| “Application of Act to civil servants. | 1A.—(1) For the purposes of this Act, a reference to an ‘employee’ shall be construed as including a civil servant who holds office in the Civil Service of the Government or in the Civil Service of the State. (2) Subject to subsection (4), for the purposes of this Act, as respects a civil servant, a reference in this Act to an ‘employer’ shall be construed as including the State, a Minister of the Government, a Department or a Scheduled Office in which the civil servant concerned holds office. (3) As respects a civil servant, for the purposes of this Act, ‘contract of employment’ means such arrangements as are made by the Minister for Finance under section 17 of the Civil Service Regulation Act 1956, together with such further terms and conditions of service which apply to the civil servant concerned, made in respect of a particular Department or Scheduled Office which extend or alter the arrangements under the said section 17. (4) Nothing in this section shall be construed as affecting the status of a civil servant as an officer. (5) For the purposes of this section and the First Schedule— (*a*) ‘Department’ includes such bodies or organisations (whether established by or under statute, or otherwise) other than a Scheduled Office, for which the Minister having charge of the Department concerned is responsible, and (*b*) ‘Scheduled Office’ includes such bodies or organisations (whether established by or under statute or otherwise) for which the Minister of the Government having charge of the Scheduled Office is responsible.”. |

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##### 26 Extension of Act of 1973 to civil servants.

##### 27 Secretary General to the President.

##### 28 Amendment of section 6 of Ministers and Secretaries Act 1924.

##### 29 Additional function of Director of Public Prosecutions.

##### 30 Direction to local State Solicitors.

##### 31 Power of appointment of officers and servants of Director of Public Prosecutions.

##### 32 Amendment of section 15 (Investigations on behalf of Commission) of Public Service Management (Recruitment and Appointments) Act 2004.

##### 33 Public Service Superannuation.

## SCHEDULE

“SCHEDULE 2

| Reference | | |

| --- | --- | --- |

| Number | (1) | (2) |

| 1 | The Courts Service | The Board of the Courts Service |

| 2 | The Office of the Houses of the Oireachtas | The Houses of the Oireachtas Commission |

| | | |

”.