Madam, - I wish to address the comments made in the Drapier column last Saturday about the reforms being introduced in the Public Service Management (Recruitment and Appointments) Bill 2003.
The article claims that the impartiality of the public service will be undermined as a result of the abolition of the Civil Service Commissioners. It also claims that the ban on the appointment of Ministers' special advisers to the Civil Service is being removed. These claims are without foundation.
The Bill will modernise recruitment by allowing the heads of Civil Service departments to recruit directly, including to the new decentralised departments and offices, under the supervision of the new regulatory authority, the Commission for Public Service Appointments, using the strict licensing regime set out in the Bill. All these recruitment operations will be monitored by the commission, which will have the powers to ensure compliance with the highest standards.
It is important to note that both the Civil Service commissioners and the local appointments commissioners have endorsed the reforms in the Bill. The commissioners are fully satisfied that their replacement by the Commission for Public Service Appointments will not lead to a lowering of standards and probity in public service recruitment.
On the second issue, there is no provision at present for a Minister to appoint a special adviser to a permanent, established post in the Civil Service. This will not change under the terms of the new Bill. It appears that the concerns expressed by Drapier may stem from the fact that the Bill repeals section 19(5) of the Ethics in Public Office Act 1995. The legislative position is complex, but the practical policy effect is clear.
There are five main points:
1. The 1956 Act allowed for appointments, including those of special advisers, to permanent, established positions in the Civil Service.
2. The Ethics in Public Office Act 1995 ended this practice for special advisers, by excluding them from the provisions in the 1956 act.
3. As the 1956 Act is now being repealed it is necessary to amend the Ethics in Public Office Act. This is now being done to ensure that the practice ended by the 1995 Act does not recur.
4. The new Bill only allows appointments of special advisers to temporary, unestablished positions and the effect of this, combined with the provisions of the Ethics Act, is that special advisors must leave office when the relevant Minister ceases to hold office, which is the present position.
5. The only way in which this position can change is by (i) amending the Ethics in Public Office Act to allow special advisers to remain in office beyond the term of Office of the Minister; and (ii) by holding a Civil Service competition for the post following an Order made by the Minister
Taken together, and contrary to Drapier's suggestions, all this legally precludes the discretionary appointment of special advisers to permanent, established positions in the Civil Service.
I appreciate the opportunity to set the record straight on these issues. - Yours, etc.,
DERMOT RYAN, Press Officer, Department of Finance, Dublin 2.