Civil service of the Republic of Ireland

The civil service (an stát-sheirbhís in Irish) of the Republic of Ireland consists of two broad components, the Civil Service of the Government and the Civil Service of the State. Whilst these two components are largely theoretical they do have some fundamental operational differences.

Background

The civil service of the Irish Free State, as the predecessor of the Republic of Ireland, was not formally established by law. The Anglo-Irish Treaty of 1921 did however provide that the Government of the Irish Free State became responsible for those who where discharged or retired from the civil or public services in the new state, except a few exempted personnel recruited in response of the Anglo-Irish War. The exact status and compensation of such people was further codified in law by the Civil Service (Transferred Officers) Compensation Act, 1929. This had the effect that the state became responsible for essentially all former British civil servants based in the new state.

The first attempt at formally regulating the civil service was the Civil Service Regulation Act, 1923 which was essentially a transitional arrangement and in 1924 was replaced by the Civil Service Regulation Act, 1924.

The result of these acts was the Civil Service Commissioners, a commission of three persons charged with determining the standards for entry to the Civil Service of the Government of Saorstát Éireann. Entry to the civil service was generally by competitive examination, and a number of qualifications such as ability, age, character, health and knowledge could be predefined. Applicants also had to meet nationality requirements. The competitive examination system was created to ensure that the appointment of people to the institutions of the state would be based on merit only, and as such limiting any spoils system type influence. In retrospect however this often became criticised as being a rigid system in which promotion was based primarily on ones seniority and not on the ability of forward thinking or risk taking. A result of this was that the civil service became regarded as retaining its British outlook until well into the 1950s, T.K. Whitaker was among a new generation of civil servants who would "break the mould" and cast off this image.

The Civil Service of the Government is the direct descendent of the Civil Service of the Government of Saorstát Éireann, as provided for in Article 56, of the Constitution of Ireland; one of the Transitory Provision intended to ensure continuance of institutions of the Irish Free State.

A significant reform of the civil service occurred by the Civil Service Regulation Act, 1956 and Civil Service Commissioners Act, 1956. These two acts however was deeply controversial in that it placed in statute law the requirement that many women would face mandatory retirement on marriage. This provision was finally rescinded by the Civil Service (Employment of Married Women) Act, 1973.

Civil Service

All civil servants are expected to be impartial, and to act within the law. A member of the civil service must maintain political impartiality and all grades must not seek nomination or election to the European Parliament or Houses of the Oireachtas. Certain grades are also barred from seeking nomination or election to local authorities.

Civil servants above the clerical grade must not take part in public debate outside their normal official duties. For instance contributing to newspapers, radio, or television would be considered a violation of this principle. All civil servants, including those on career break or retirement are subject to the Official Secrets Act 1963, as amended, or for instance where they comply with a Freedom of Information Act, 1997 request.

Civil servants must be not take part in anything that may involve a conflict of interest, and if they seek outside work must bring it to the attention of their line manager who may refuse the request. Civil servant grades and positions defined as "designated positions" under the Ethics in Public Office Acts must make a disclosure of interests where they have a relevant interest.

One can join the civil service as a Clerical Officer which is the lowest grade or as an Executive Officer. These positions are recruited openly by the Public Appointments Service (formerly the Civil Service and Local Appointments Commission). All other civil service grades are opened to existing civil servants. It has become practice in recent times for some outside advisors to also work in government departments, such as 'programme managers', however the conditions and remuneration of such individuals varies with government.

Civil Service of the Government

The Civil Service of the Government (Stát-Sheirbhís an Rialtais in Irish) is the body of civil servants which advise and carry out the work of the Government, through the Departments of State, of which there are fifteen; one for each Minister of the Government. The permanent head of a department is known as the Secretary-General (equivalent to a Permanent Secretary in the British Civil Service). The head of the civil service is the Secretary-General to the Government, who is also Secretary-General of the Department of the Taoiseach.

The largest reform of the civil service occurred in 1984 when the abolition of the Department of Posts and Telegraphs led to the halving of civil service numbers. The affected personnel, mainly postal and telecommunications workers, were transferred to An Post and Telecom Éireann respectively.

Civil Service of the State

The Civil Service of the State (Stát-Sheirbhís an Stáit in Irish) is a relatively small component of the overall civil service, and its members are expected to be absolutely independent of the government, in addition to normal political independence which is expected.

Civil servants who work in the offices of the Comptroller and Auditor-General, Courts Service of Ireland, Director of Public Prosecutions, Garda Síochána Complaints Board, Houses of the Oireachtas, Information Commissioner and Ombudsman are all considered to be part of the Civil Service of the State. Certain other offices are also prescribed under the Civil Service of the State.

References

Civil Service Code of Standards and Behaviour, Standards in Public Office Commission, Dublin, February 2005.
Guidelines on Compliance with the Provisions of the Ethics in Public Office Acts 1995 and 2001, Standards in Public Office Commission, Dublin, June 2005.

External links