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 Strategic Management Initiative, which was launched in 1994, set the agenda for change in the Irish Civil Service. The objectives were to ensure that, on an ongoing basis, the Public Service would make a greater contribution to national development, be a provider of excellent services to the public and make effective use of resources.

The Report Delivering Better Government, published in 1996, gave clear direction to the programme for change and modernisation. It expanded on the framework set out in the Strategic Management Initiative and outlined an extensive modernisation process, built around key organisational themes. These included greater openness and accountability, a mission of quality customer service, and the efficient and fair operation of simplified regulations.

During that time there have been significant improvements in the areas of:

human resources management;

financial management;

regulatory reforms; and

eGovernment.

There has been a very significant step change in the way the Civil Service not only deals with its customers but also in the manner in which it organises its internal business. Basic changes have been made in the way in which pay is determined and staff have accepted real changes in terms and working conditions. At the same time, Departments and Offices continue to operate within a cap on numbers, and their administrative budget allocations are set to reflect this.

Central to this is developing a more performance-oriented culture. Throughout the life cycle of civil servants, from their entry into the Civil Service right through until they retire, initiatives have been introduced which are aimed at increasing the focus on performance and on the levels of accountability, both at the level of the organisation and the individual.

At the level of the organisation, the preparation of strategy statements and annual business plans is now a well accepted part of the yearly work cycle. The introduction of output statements is aimed at clearly linking resources with outputs and outcomes, and demands a rigorous approach to the management of all resources across the Civil Service.

At the level of the individual, the Performance Management & Development System (PMDS) is now a well accepted part of each individuals work. While the system originally provided a map for each staff member’s development and an opportunity to discuss both performance and development with their supervisor, the recent integration of the system with other HR processes – such as the award of increments and eligibility to apply for promotion – increases the level of accountability of the individual to perform well and means that it must be operated in a way which is both tangible and durable.

One of the most critical drivers of change within the Civil Service is ensuring an effective approach to the management of human resources. Human resources are the main resource available to the Civil Service, and real improvements in service delivery can only be brought about by ensuring the availability of a skilled and talented workforce that is committed to delivering excellent services to the public.

In order to strengthen the skill levels entering the Civil Service, open recruitment beyond the traditional entry levels has been introduced, with targets set for recruitment by open competition for the grades of:

Principal – 2 in 9 of all grades;

Assistant Principal – 1 in 5 of all grades;

Higher Executive Officer – 1 in 6 of all grades; and

Executive Officer – 1 on 2 of all grades.

Since the end of 2006 all Top Level Appointments Commission (TLAC) competitions for the grade of Assistant Secretary have been advertised openly.

A new recruitment framework has also been introduced which allows Departments and Offices to recruit directly under licence. This flexibility is intended to allow organisations across the public sector speedy access to the skills they need. Such flexibility is vital in an increasingly competitive employment market where the public service seeks to be the employer of choice. There has also.

There is a greater use of competitive merit-based promotion procedures, with the target of a minimum of 75% of all internal promotions posts in each grade being filled through competitive merit-based processes being met or exceeded in most areas. In a small number of areas where the target has not been met, the Departments and Offices concerned are pursuing the issue through local discussions.

Public Employment Structure

Legal Basis: Legislative changes introduced in the Civil Service Regulation (Amendment) Act 2005 and the Public Service Management Act 1997 mean that Secretaries General and Heads of Office are now more directly responsible for the management of staff. In turn, they can also further delegate the responsibility for the management of staff to other managers at all levels in their organisations. Structure: Civil Service Model - Staff Categories Organizational Structure:

The Irish Civil Service consists of two streams - a general service stream comprising the majority of the service charged with carrying out general administrative work and a professional and technical stream that addresses specialist work such as accounting and engineering.

Civil servants are responsible for a wide range of activities within the Civil Service. The main objective of civil servants is to implement government policy and provide services to citizens. As for the activities performed, it is necessary to differentiate between general posts and technical or professional positions. Officers serving in the grades of Clerical Officer, Administrative Officer, Executive Officer, Higher Executive Officer and Assistant Principal Officer occupy general service posts. Other staff serve in specialised posts such as accountants, architects, chemists, engineers, lawyers and forestry engineers.

Partnership in the Irish Civil Service: National Background to Development of Partnership

The social partnership agreement –Partnership 2000– on pay and social and economic matters provided for the establishment of new forms of trade union and employee involvement in the change management process across the private and public sectors under the term ‘’partnership’’. A key part of the rationale for the development of partnership at the level of individual organisations was that it had been a very successful process at the level of the economy. Partnership provides a mechanism whereby the social partners at the level of sectors and organisations could replicate the partnership approach that had been developed at national level around joint objective setting and non-confrontational problem solving.

Following the conclusion of this agreement, discussion took place within the main sectors of the public services as to how partnership should be structured and developed in each sector. Sectoral level partnership agreements were subsequently concluded in the civil service, local government, the health sector, the institutes of technology and third level education.

Background to Development of Partnership in the Irish Civil Service

In respect of the civil service, Partnership 2000 provided that the initial focus of the partnership process would be directed at the development and implementation of action programmes to progress the modernisation of the civil service.

Partnership 2000 set out the governing principles for the development of partnership at sectoral and organisation levels. The objectives of the partnership approach were described as ‘’…to ensure that, in each department and office through consultation and the participation and co-operation of all concerned, there is, firstly, common ownership by management, unions and staff of the development and implementation of the action programmes, and secondly, a new participative approach to resolving issues and challenges generally.’’

Employee Categories

In Ireland, the concept of a Senior Civil Service is not formally defined in the Irish civil service. Government Departments are headed by a Secretary-General supported by a small cadre of senior management at the level of Assistant Secretary. These grades occupy the first and second level on the administrative hierarchical scale. The third and fourth levels include the Principal Officers and the Assistant Principals are not considered as belonging to the Senior Civil Service.

Career opportunities within the civil service are extremely diverse and public employees have the opportunity to work on diverse activities ranging from the health sphere to the provision of various administrative services. Civil servants work as part of a team, and to reinforce this idea, they often create clubs and sports teams, which give civil servants the opportunity to socialise and create personal ties.

Appointments to Senior Posts in the Irish Civil Service

Top Level Appointments Committee (TLAC)

The Top Level Appointments Committee (TLAC) was established in 1984 by a Government decision. TLAC recommends candidates for the most senior appointments in the Civil Service. Subject to certain exceptions, TLAC deals with all posts at or above Assistant Secretary (Deputy Director General) level or equivalent across the Civil Service. Eligibility to compete for posts at Secretary General level is confined to existing Assistant Secretaries in the established Civil Service. Officials at this level are always established Civil Servants who have been selected through a statutory selection process that is independent of political influence. (Irish Civil Servants above the grade of clerical officer (entry level) are forbidden from taking an active role in part in politics.)

Appointing Authority

The Government is the appointing authority for posts at Secretary General (Director General) level. In accordance with a decision of the Government, TLAC recommends up to three candidates, if found suitable, for posts at this level. The Government appoints the Secretary General from among the recommended candidates.

Secretary-General (Director General) level posts

The Committee itself screens and short-lists the candidates and usually devotes a full day to meeting the short-listed candidates before making its recommendation. Because these posts are the most senior posts at official level in departments, the Government decided that up to three candidates, if found suitable, are to be recommended in alphabetical order. The final decision is made by the Government. In the case of Secretary-General posts, the outgoing Secretary-General participates as a full member of the Committee.

Secretary General posts where TLAC does not make recommendations and the right of appointment rests with the Government

Secretary General to the Government and to Department of the Taoiseach (Office of the Prime Minister).

Second Secretary General, Department of the Taoiseach (Office of the Prime Minister).

Secretary General, Public Service Management Division, Department of Finance.

Secretary General, Department of /Foreign Affairs.

Chairman of the Revenue Commissioners.

Appointees nominated under this process are established career Civil Servants and are not political appointments in the sense of being party political nominees.

Tenure

The tenure is usually for 7 years but if, on appointment as Secretary General, a person is between 56 and 60 years of age, the Government may, at its discretion, (a) waive that person’s obligation to retire at 60 and (b) permit the person to serve as Secretary General for a period not exceeding 4 years in any case.

Removal from office

The appropriate authority (competent authority) for the dismissal of an Irish Civil Servant (including a Secretary General, i.e. the most senior Civil Servant in a Department) is the Government of Ireland. The Civil Service Regulation Acts 1956 - 2005, provide tht: “Every established civil servant shall hold office at the will and pleasure of the Government.”

Before the dismissal of any Irish civil servant, the most important consideration would be to ensure that due process was followed in every detail of the dismissal procedure (i.e. that the rights of the civil servant were protected at every stage of the dismissal process). This applies to all Civil Servants.

Statistics: According to official figures, in June 2008 there were 291 senior civil servants in the Irish Civil Service. Fifty three were women (18%) and 238 (82%) were men. Of the 29,718 people in the Irish civil service 18,859 are women and 10,866 are men. A higher proportion of women serve in the lower grades of the Irish civil service e.g. there are 10,175 women in the grade of CO (Clerical Officer) compared with 3,324 men.

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

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