Archive:Public employment - Ireland

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<Introduction: simple language, not too long, kind of executive summary>

Regional and administrative organisation

Introduction

In 1949, the Irish State was declared the Irish Republic, which joined the UNO in 1955 and the EEC, now the EU in 1973.

The Constitution of Ireland, approved on 1st July 1937, establishes that, “the name of the State is Éire, or in the English language Ireland”. For all official documents, including international relations and other legal documents, the Irish Government uses the name of Ireland, as well as Éire for documents written in Irish. The Irish Constitution establishes that “the State is a sovereign, independent, democratic state”.

System of government

The President of the Republic: The President of Ireland, who acts as Head of State, is elected for a seven-year term and is only eligible for re-election once. His/her powers are largely ceremonial, although she/he has certain constitutional powers, assisted by the Council of State, a consultative body. The Irish Constitution establishes that in the event of the absence of the President, the powers and functions conferred on the President shall be performed by a Commission consisting of the Chief Justice (President of the Supreme Court), the Chairman of the House of Representatives Dáil Éireann (An Ceann Comhairle), and the Chairman of the Senate (Seanad Éireann).

The Taoiseach (Prime Minister) is nominated by Dáil Éireann and appointed by the President. The Taoiseach is normally the leader of the political party that obtains the most seats in the legislative elections. Governments are often formed by coalitions, and there has not been a single ruling party since the 1987-1989 term of office.

The National Parliament (Oireachtas) consists of the President and two Houses, namely Dáil Éireann (the House of Representatives) and Seanad Éireann (the Senate). Each House of Parliament elects its own Chairman and Deputy Chairman from its members; it can make its own Standing Orders (rules) and no person may be at the same time a member of both Houses of Parliament.

Dáil Éireann, or the House of Representatives consists of members representing the constituencies defined by law and its members are also determined by law. There must be at least one Member for every 20,000 to 30,000 people. Elections are held using the proportional representation system. Dáil Éireann is elected for a maximum term of 5 years.

Seanad Éireann or the Senate is composed of 60 Members, of which eleven are appointed and forty-nine are elected. Appointed members of the Senate are named by the Taoiseach. Elected members of the Senate shall be elected as follows: three shall be elected by graduates of the National University of Ireland, three shall be elected by graduates of the University of Dublin, and, forty-three shall be elected by panels of candidates. Elected members are elected using a proportional representation system.

The Government consists of at least seven and no more than fifteen members, who shall be appointed by the President in accordance with the provisions set out in the Constitution. The Government is accountable to the House of Representatives and meets and acts as a collective body and is jointly and severally liable.

The Head of the Government or Prime Minister (Taoiseach) keeps the President informed of any matter of national or international policy, and shall appoint the Deputy Prime Minister of the Government (Tánaiste). The Taoiseach (Prime Minister), the Tánaiste (Deputy Prime Minister) and the Minister for Finance must be members of the House of Representatives, whilst the other members of the Government must be members of either the House of Representatives or the Senate, but no more than two may be members of the Senate.

The Judicial System: There are Courts of First Instance and a Court of Final Appeal. The Courts of First Instance consist of a High Court invested with full jurisdiction and power to determine all matters and questions whether of civil or criminal law. The Courts of First Instance consists of District Courts whose sentences may be appealed. The Court of Final Appeal is called the Supreme Court. Its members and the judges of the other courts are appointed by the President of the Republic.

Regional organisation

Ireland is divided into four Provinces, Connacht, Leinster, Munster and Ulster, and 32 counties. Six of Ulster’s nine counties form Northern Ireland (and are governed by the United Kingdom) and the remaining 26 counties form the Republic of Ireland. The four Provinces do not have separate administrative status and are merely cultural. From an administrative point of view, twenty of the counties in the Republic are local government units. The other six have more than one local authority in their area, making a total of thirty-four authorities at county level. However, Tipperary is a special case, as it is divided into North Tipperary and South Tipperary. The electoral areas of the Republic of Ireland are called constituencies.

Public administration

The Hungarian Central Administration is divided into Ministries. On the other hand, there are other organizations such as Agencies, an important one of which is the Hungarian Research and Development Agency which is responsible for decision- making in relation to public employment, public development and investment and is linked to other entities and networks acting in the public employment field, such as the European Commission Enterprise Europe network.

Public Employment Structure

Legal Basis: Public Officials are regulated by the 1992 Act XXIII on the Legal Status of Public Officials and public servants are regulated by the 1992 Act XXXIII on the Legal Status of Public Servants, both of which regulate the main aspects of public employment.

Activities to be performed by public officials: These activities are published online so that citizens can be aware of their objectives and tools to achieve them. The following public service activities can be highlighted for 2009:

A) Recruitment and training of public servants, Public administration managers (central and regional) and personnel for the Hungarian Presidency of the EU in 2011. B) Implement the programme specialised in newly recruited public servants (PÖF). C) Administer and supervise EU grants intended for public administration education and human resources. D) Launch an annual programme for senior public managers or directors. E) Set up a professional training centre for public officials. F) Participate in international projects, etc.

Staff Categories

Public officials perform activities ranging from management, administration, control and supervision and they represent the state when they perform their duties.

Administrator is the name given to those who work for a public administration organization, carrying out administrative tasks.

Contractual workers are employees whose legal relationship is regulated by the Labour Code. They are in charge of collecting material, filing decisions, posting letters, cleaning or driving.

Therefore, the concept of public servant should not be confused with that of public official, as the Public Officials Act does not apply to:

• The organizations of the Hungarian Armed Forces, the Civil Guards, the Police, the national security services, the Fire Department, the Customs Officers, prison officers, civil defence and armed security guards (whereby staff working for these organizations are not public officials, but these organizations may also have some responsibilities that are the same as public officials).

• Persons employed to provide the public services that are part of the responsibilities of the local self-government (public servants), persons employed in non-profit and community service works, or those temporarily working in the civil service (employees working under the scope of the Labour Code).

Public servants are persons employed by the State, local authorities and local self- governments to perform public services (at times, nursery school workers, primary and secondary school teachers, hospital workers, the police, the armed forces are public officials rather than public servants).

Therefore in order to differentiate between public servant and public official or other legal relations, the specific functions performed in the organization shall also be observed.

Conditions to be a Public Official

A public official shall be a Hungarian citizen; have no prior criminal record; have legal capacity; have at least secondary level studies; pass the entry examination.

The Public Administration entry examination is a condition for public officials that has gradually been introduced since 2007. In fact, the examination has been compulsory since January 2009.

Conditions to be a Public Servant

The public servant joins the Hungarian Administration: to carry out a substitution or to perform a specific job.

The public servant’s legal relationship shall be established for 5 years in both cases. However, since 2005 the public servant has also performed temporary activities for a more limited time.

Public employment managing body

In Hungary, there is no single managing body. Therefore the main authorities responsible for public employment within the Hungarian administrative organization are the following:

• Director-General.

• Member of Parliament, Director-General for Human Resource Development and Recruitment.

• Member of Parliament, Director-General for Training and Education.

• Director of the Project and Subsidies Office.

• Financial Director.

• IT Director.

• Central Administration Director for Human Resources and Project Development.

The following are particularly relevant: a) The Training and Education Division. b) The Human Resource Development and Recruitment Division.

The Training and Education Division prepares a permanent competitive examination focussed on the evolution of public employees in terms of training. It also concentrates on the development of programmes for the improvement and modernisation of central, regional and local administration.

The Human Resource Development and Recruitment Division is developing a system focussed on reducing costs and enhancing the public services offered to citizens.

Rights, obligations, principles and values

Principles: Public employee principles are similar to those established in most European countries, highlighting impartiality, proper performance, fairness and objectivity in the provision of a public service. On the other hand, they are obliged to respect the principle of hierarchical obedience and some employees have to declare their assets and interests prior to taking up office.

Rights and obligations: Public sector employees have the following rights: 1. The individual right to a career in the public service and to training. Since 2006, training is also an obligation. 2. Collective rights such as the right to strike (except for members of the judiciary and the police), as set out in Law VII of 1989 and the right to representation through social dialogue.

Career-based system

The 1992 Civil Servants’ Act regulates an administrative career for an indefinite period throughout their active lives. However, there are certain circumstances in which a civil servant may occupy a post for a fixed period of time.

The basic career of civil servants has been developed over the years, by making the minimum requirements for candidates stricter, particularly after 1997, when the basic public administration regulations were approved, in which some of the most characteristic aspects are defined. Therefore, a degree is a requirement to enter a civil servant position.

The vertical career reaches its ceiling at civil servant supervisor level. Another position on the hierarchical scale that is often performed in the latter years of an administrative career is that of Head of Employment for each unit, responsible for recruiting human resources for each unit.

The national coordination body in this field is the Hungarian Institute for Public Administration, responsible for training, although training is provided on a regional level.

Remuneration

There are different payment categories according to the number of years of service in the Hungarian Civil Service. Public sector employees’ pay comprises a base salary calculated on the civil servant’s position, and additional remuneration for some employees (central administration, National Assembly, Constitutional Court).

The base salary level is set by parliament every year, following negotiations with management and representatives of the leading trade unions. This salary cannot be lower than that of the previous year. There is also position and performance-related pay.

Social dialogue and system of representation

Social dialogue takes place at the National Interest Conciliation Council, where public employees are represented. Issues subject to Social Dialogue are working and living conditions of public employees, salaries, human resource management, etc. It is characterised by its centralized structure and is organised on two levels:

1. National Interest Conciliation Council of the Public Service provides the framework for national negotiation on issues such as salary levels and the organisation of the work of civil servants, public sector employees and the Armed Forces. The State is represented by senior civil servants of the various Ministries concerned.

2. At departmental level, sector-based agreements are concluded between the State and Trade Unions (25-40% of civil servants are members of a trade union).

Senior civil servants

In Hungary, there is no special Senior Civil Service group, like in other European countries. However, there are political figures that hold management positions in the Administration. The following can be highlighted: (Summary Table)

All of these figures share some common characteristics, as the Hungarian Civil Service Act (1992) created “probationary period” which grants a temporary or permanent position in the Civil Service. The common characteristics date back to 1997, when the principles and values required for senior and management posts in the Hungarian Administration were introduced. Since then, the Hungarian Institute for Public Administration, which is responsible for training, among other functions, has been determining which ones should form the basic criteria for entry into the Administration. This criteria is based on:

1. Recruitment: Civil service status is legally considered a “special contractual relationship” between the central, regional, or local government and the civil servant. Civil servant status is awarded during the recruitment process, which begins with direct recruitment by central, regional or local employers. In most cases civil servants are appointed for a flexible managerial post.

2. Assessment. The supervisor of each unit manages and assesses the work of civil servants in the framework of a special evaluation system (TER). This assessment takes place annually.

3. Training and Management Skills Programmes: Initial training for civil servants starts at the Administrative Study University, which offers diplomas on completion of the examinations in the year in which civil servants are registered. On-going training is provided by the Government Centre for Public Administration and Human Resource Services, which opened in 2007 and provides training in a wide range of areas. A new public manager programme is currently underway, which aims to train leaders in administrative organization.

4. Another programme currently being offered is the Executive Management in Public Administration, “EMPA”, which evaluates the quality of the work performed in accordance with OECD criteria. These training programmes ensure that civil servants have the necessary skills to work at the highest level in the Hungarian Administration.

5. Diversity Policies: There are no policies on diversity in Hungary but there are objectives to reach real gender equality in the short term (there is a large percentage of women in the civil service).

6. Work-Life Balance: There are no statistics related to work-life balance for public employees, although it can be verified that the Hungarian system has made enormous progress in this area in recent years. Although part-time work and teleworking are not possible, voluntary flexible working hours do exist

7. Mobility: Public employees may enter a higher position provided that they fulfil the requirements previously established by their supervisor, prior to a selection process and they fulfil the requirements for the job. This type of mobility is similar to the Spanish system’s vertical mobility.

COORDINATION WITH INTERNATIONAL ORGANIZATIONS IN RELATION TO PUBLIC EMPLOYMENT

The Hungarian Administration is committed to the practical development of human resources, recruitment and training of public employees, whereby it is participating in activities within the EIPA and EPSA framework. In turn, Hungary is an active member of DISPA and IASIA, and participates in the Working Group focussing on human resources in the European Union and the OECD. Finally, it is part of the European Senior Civil Servant (ESCS) and the UNDESA network projects.

The programmes that are underway in 2009 are the following:

• Organization, Development and Performance Assessment” at the Administration Centre, in conjunction with the Prime Minister’s Office.

• “Human Resource Management” in the Central Administration in association with the Ministry for Foreign Affairs.

• Employee Management and Training Programmes.

• The number of public employees participating in these programmes is 75,000.

• The importance of better public employment can also be seen by analysing the latest civil service budgets:

Recent reforms and prospects

Reform of institutions and budgetary mechanisms was initiated in 2006 in Hungary. The main objectives are the following:

• Develop larger and more efficient agencies and institutions.

• Reduce the number of minority corps in the Civil Service.

• Reduce the number of duplicate departments.

• Merge inefficient services.

• Develop the necessary management techniques to bring the civil service closer to citizens.

• Develop the quality of public services.

Most of these objectives have already been achieved, although new institutional reforms are underway. The aim of this reform is to clearly define each department’s missions and seek greater administrative transparency and more effective controls.

Further Eurostat information

Publications

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Database

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