THERE was good news and bad for the civil service unions in the statement by the Minister for Justice, Mrs Owen, to the Dail on the Cromien/Molloy Report. The good news was that a new deputy secretary would be appointed to the steering group in the Department of Justice which is to oversee the implementation of the Strategic Management Initiative. The SMI is aimed at improving structures and services.

The Association of Higher Civil Servants has been looking for the appointment of a second assistant or deputy secretary in Justice for some time. The general secretary of the AHCS, Mr Sean O Riordain, welcomed the announcement last night as a "very important move".

The bad news was that some members of the AHCS, or its sister union, the Public Service Executive Union, may have to face disciplinary proceedings. If they do, both unions will be available to represent them at those proceedings.

The Civil Service Disciplinary Code operates under rules agreed by the Government with the Civil

Service Conciliation and Arbitration Scheme. This scheme also deals with disputes over pay and working conditions.

The code provides for alleged breaches of procedures to be dealt with by the personnel section of the department. A decision taken by a personnel officer can, however, be appealed.

The appeal board has an independent chair, appointed by the Minister for Finance. The position is currently held by Ms Inge Clissman SC. It also has one union and one management representative.

Under the procedures, a civil servant can face a range of sanctions.

Where an officer is found to have been "guilty of misconduct, irregularity, neglect or unsatisfactory behaviour" he or she can face dismissal, deferral of an increment, debarment from promotion, transfer, suspension without pay and demotion.

Dismissals are rare and normally only occur where criminal activity is involved, most frequently misappropriation of funds. The Cabinet must approve all dismissals.

Any breaches within the department are likely to be dealt with through its personnel section. Officials facing disciplinary measures will be required to submit a written response to the allegations within 14 days. If they fail to do so the procedures can continue regardless.

In this instance, all staff in the relevant sections of the Department, that is the courts division and Mrs Owen's office have already submitted statements to the Cromien/Molloy inquiry.