PLEASE READ CAREFULLY. Closing date: 25 th July 2014

Transcription

1 CANDIDATES INFORMATION BOOKLET PLEASE READ CAREFULLY The Houses of the Oireachtas Service have advertised a competition for the purpose of recommending persons for appointment to the position of: ADVISORY COUNSEL (GRADE III) IN THE OFFICE OF THE PARLIAMENTARY LEGAL ADVISOR ON A PERMANENT OR FIXED-TERM BASIS Closing date: 25 th July 2014 The Houses of the Oireachtas Service is committed to a policy of equal opportunity. The Houses of the Oireachtas Service will run this campaign in compliance with the Code of Practice for Appointment to Positions in the Civil Service and Public Service prepared by the Commission for Public Service Appointments (CPSA). Codes of practice are published by the CPSA and are available on CONTACT: ALAN BYRNE KILDARE HOUSE KILDARE STREET DUBLIN 2 Telephone Number: (353) recruitment@oireachtas.ie 1

2 Contents Contents... 2 Background Information on the post... 3 Role... 3 Principal Duties of the Post... 3 Working Relationships... 4 Resources... 4 Probation... 4 Panel... 5 Essential Entry Requirements... 5 Key Competencies for effective performance as a Parliamentary Legal Advisor... 5 General Matters... 6 Declaration... 7 Principal Conditions of Service... 7 General... 7 Pay... 7 Tenure... 8 Headquarters... 9 Ill-Health Retirement... 9 Retirement/Superannuation... 9 Hours of Attendance The Organisation of Working Time Act Sick Leave Annual Leave Secrecy, Confidentiality and Standards of Behaviour Official Secrecy and Integrity: Civil Service Code of Standards and Behaviour: Political Activity Ethics in Public Office Acts 1995 and Standards in Public Office Act 2001: Data Protection Acts 1988 & Personnel Code Selection Method Completing the Application Form: Confidentiality: Closing date: Guidelines for dealing with appeals/requests for review Informal process: Formal process: Initial review: Review by the decision arbitrator Informal process: Formal process: Candidates' Obligations Deeming of candidature to be withdrawn Quality Customer Service Data Protection Acts 1988 &

3 Background Information on the post The Houses of the Oireachtas Commission (the Commission ) is the statutory corporate body responsible for the running of the Houses of the Oireachtas, or the Irish Parliament (Dáil Éireann, Seanad Éireann and Oireachtas Committees), and the administration and management of the Houses of the Oireachtas Service (the Service ). The Houses of the Oireachtas Service is the office of the public service that is staffed by civil servants of the state. Further information is available at The Office of the Parliamentary Legal Advisor (OPLA) The Office of the Parliamentary Legal Advisor was created in It is headed up by the Parliamentary Legal Advisor, currently assisted by 2 legal advisors, 1 legal researcher and 1 administrator. The OPLA has overall responsibility for the provision of a full range of legal advices relating to the running of the Houses of the Oireachtas, the Committees of the Houses and the Houses of the Oireachtas Commission. Role The Service, on behalf of the Commission, seeks Barristers, Solicitors, or equivalent persons (as detailed below under Essential Entry Requirements), with the ability and experience to research, analyse and advise on complex legal issues and who can demonstrate an excellent working knowledge of relevant areas of law, to include: Irish Constitutional (including Parliamentary) law, Administrative law, law of Contracts, public procurement law, corporate law, employment law and the interpretation of statutes. Principal Duties of the Post The following list of duties is not meant to be an exhaustive list and is provided only as a guidance note on the types of activities which the successful candidate will be required to undertake. All of the following duties are subject to the direction and control of the Parliamentary Legal Advisor; To provide legal advice to all committees in relation to, inter alia: the application of relevant legislation, the legislative and non-legislative powers of Oireachtas Committees, parliamentary privilege, compliance with Standing Orders of Both Houses, Constitutional and natural justice, the rules of fair procedure and any legal issues surrounding the subject matter of particular Committees; To provide legal advice to the Houses of the Oireachtas Commission in relation to any legal issue arising in the discharge of its statutory functions; To provide legal advice to the Ceann Comhairle and Cathaoirleach in relation to all services administered by them; 3

4 To provide legal advice to the Clerks of both Houses in relation to any legal issue arising in the discharge of their statutory functions; To draft Statutory Instruments decided on by the Commission in exercising its regulatory function; To provide legal advice to the staff of the Houses of the Oireachtas Service in respect of legal issues arising in a corporate setting including: assisting with the drafting of requests for tenders and contracts, advice in the areas of: employment law, members allowances, contract law, members and staff pensions, Oireachtas copyright, public procurement processes, FOI, data protection, electoral law and general statutory interpretation; To provide legal advice to individual members of either House in so far as such advice is in connection with the performance by that member of his/her parliamentary functions; To manage the conduct of any legal proceedings involving either House of the Oireachtas, a Committee, the Commission or any member of either House in respect of proceedings arising solely from the performance by them of their parliamentary functions; Where necessary, to procure specialist legal services on behalf of a committee, the Houses of the Oireachtas Commission or Service where external counsel/solicitor are to be engaged pursuant to the Bar Council Direct Professional Access Scheme or as appropriate. Working Relationships Advisory Counsel are required to work both individually and as part of a team. During the training period, Advisory Counsel will normally work as a team or on a one-to-one basis with a senior colleague. As they gain experience, they will begin to work individually. Advisory Counsel also work in teams to deal with management issues in the Service. Resources The Office is highly computerised. There is access to word-processing, internal and external , Internet and Intranet browsing, document management, case tracking and related services. There is a professional library service with an emphasis on the electronic provision of information via the Office intranet, CD-ROMs and online databases. Candidates must be willing to utilise electronic information technologies. Probation Each new Advisory Counsel entrant (at Advisory Counsel (Grade III) level) will receive an initial period of familiarisation and training. After that period he or she will be expected to give legal advice with minimum intervention or assistance from senior colleagues. A probationary period of one year will apply and if there is a difficulty in completing probation successfully, additional training or supervision may be made available to improve performance. However, if the underperformance persists or is to such a degree that, in the opinion of the Secretary General of the Houses of the Oireachtas Service, an acceptable level of performance has not or cannot be reached, termination of employment will be considered. 4

5 Panel A panel will be established from which future permanent or fixed term contract vacancies may be filled. If you would like additional information on these vacancies please visit the Service s website or contact the HR Unit at Tel Essential Entry Requirements Candidates must on or before 1 st January 2014: (a) Have practiced as a barrister or solicitor for 4 years, or qualified as same acting in a similar legal advisory capacity in a comparable organisation or capable of demonstrating equivalent or corresponding legal degree qualification and experience in a relevant environment; (b) Have experience of providing legal opinions (without recourse to external expertise) in the following areas of law; Irish constitutional law, administrative law, law of contracts, public procurement law, employment law and the interpretation of statutes; Desirable (c) Have the ability to quickly assimilate large volumes of legal information, to identify the relevant information, analysis and capture it in a precise and concise legal opinion and to impart the information in a coherent manner to both lawyers and non-lawyers alike; (d) Have knowledge of legal/constitutional issues relating to the operation of parliament, including; parliamentary privilege, natural and constitutional justice and the relationships between government, parliament and the judiciary; (e) Have a familiarity with legislation relevant to the workings of Parliament and the members thereof; (f) Have a familiarity with the Standing Orders Relative to Public Business of both Dail Eireann and Seanad Eireann; (g) Have a track record in legal problem solving; (h) Have the ability to quickly understand and advise on unfamiliar areas of law; and (i) Have a proven track record in working under pressure on multiple legal files simultaneously. Key Competencies for effective performance as a Parliamentary Legal Advisor 1. Leadership 5

6 2. Analysis and decision making 3. Management and delivery of results 4. Interpersonal and communication skills 5. Drive and commitment 6. Specialist knowledge, expertise and self-development General Matters Health A candidate for and any person holding the office must be fully competent and capable of undertaking the duties attached to the office and be in a state of health such as would indicate a reasonable prospect of ability to render regular and efficient service. Character A candidate for, and any person holding the office, must be of good character. Citizenship Requirement: Candidates should note that eligibility to compete is open to citizens of the European Economic Area (EEA). The EEA consists of the Member States of the European Union along with Iceland, Liechtenstein and Norway. Citizens of non-european Economic Area (EEA) States will not be eligible to compete. A candidate who is in doubt in this regard should consult the Department of Jobs, Enterprise & Innovation. Career Breaks: Subject to satisfying the eligibility requirements, the competition is open to staff who are on a Career Break, provided their Career Break conforms to the provisions of Department of Finance Circular 18/98, or on secondment arrangements. Incentivised Scheme for Early Retirement (ISER): It is a condition of the Incentivised Scheme for Early Retirement (ISER) as set out in Department of Finance Circular 12/09 that retirees, under that Scheme, are debarred from applying for another position in the same employment or the same sector. Therefore, such retirees may not apply for this position. Department of Health and Children Circular (7/2010): The Department of Health Circular 7/2010 dated 1 November 2010 introduced a Targeted Voluntary Early Retirement (VER) Scheme and Voluntary Redundancy Schemes (VRS). It is a condition of the VER scheme that persons availing of the scheme will not be eligible for re-employment in the public health sector or in the wider public service or in a body wholly or mainly funded from public moneys. The same prohibition on re-employment applies under the VRS, except that the prohibition is for a period of 7 years, after which time any re-employment will require the approval of the Minister for Public Expenditure and Reform. People who availed of either of these schemes are not eligible to compete in this competition. Collective Agreement: Redundancy Payments to Public Servants: The Department of Public Expenditure and Reform letter dated 28th June 2012 to Personnel Officers introduced, with effect from 1st June 2012, a Collective Agreement which had been reached between the Department of Public Expenditure and Reform and the Public Services Committee of the ICTU in relation to ex-gratia Redundancy Payments to Public Servants. It is a condition of the Collective 6

7 Agreement that persons availing of the agreement will not be eligible for reemployment in the public service by any public service body (as defined by the Financial Emergency Measures in the Public Interest Acts ) for a period of 2 years from termination of the employment. Thereafter the consent of the Minister for Public Expenditure and Reform will be required prior to re-employment. People who availed of this scheme and who may be successful in this competition will have to prove their eligibility (expiry of period of non-eligibility) and the Minister s consent will have to be secured prior to employment by any public service body. Declaration Applicants will be required to declare whether they have previously availed of a public service scheme of incentivised early retirement. Applicants will also be required to declare any entitlements to a Public Service pension benefit (in payment or preserved) from any other Public Service employment and/or where they have received a payment-in-lieu in respect of service in any Public Service employment. ESTABLISHED AND UN-ESTABLISHED POSTS AS ADVISORY COUNSEL (GRADE III) IN IN THE HOUSES OF THE OIREACHTAS SERVICE Principal Conditions of Service General The appointment(s) will be to a permanent established post or fixed term unestablished post in the Civil Service and are subject to the Civil Service Regulations Acts 1956 to 2005, the Public Service Management (Recruitment and Appointments) Act 2004 and any other Act for the time being in force relating to Civil Service. Pay The pay scale applicable is dependent on the positions offered i.e. permanent or fixed term and the current status of the candidate ADVISORY COUNSEL GRADE 3 Existing Civil Servant pre-april 1995 & Fixed Term Un- Established Employees 61, ,000 66,936 69,708 72,481 75,223 76,953 79,295 81,631 NMAX LSI1 LSI2 ADVISORY COUNSEL GRADE 3 PPC Existing Civil Servant post-april 1995 & New permanent employee 64,223 65,000 67,434 70,331 73,254 76,155 78,973 80,778 83,241 85,709 NMAX LSI1 LSI2 Long Service Increments (LSI) may be payable after 3 (LSI1) and 6 (LSI2) years satisfactory service at the maximum of the scale. 7

8 Candidates should note that the rate of remuneration may be adjusted from time to time in line with Government pay policy. Increments may be awarded subject to satisfactory performance. New entrants first incremental date is the anniversary of the date of commencement of employment. Each of the two subsequent increments may be awarded, after fifteen months. Important Note: Different pay and conditions may apply for existing public servants or civil servants. The rate of pay offered will be payable fortnightly in arrears by Electronic Fund Transfer (EFT) into a bank account of your choice. Payment cannot be made until you supply an IBAN and BIC number to the HR Section. Statutory deductions from salary will be made as appropriate by the Service. You will agree that any overpayment of salary or of travel and subsistence may be deducted from future salary payments due to you in accordance with the Payment of Wages Act The Service will advise you in writing of the amount and details of any such overpayment and give you at least one week s notice of the deduction to take place and will deduct the overpayment at an amount that is fair and reasonable having regards to all the circumstances. Tenure Successful candidates may be offered posts on a permanent or fixed term basis. a. The permanent appointment is to an established position on a probationary contract in the Civil Service. The position is on a full time basis. b. A Fixed Term appointment will be to a un-established position in the civil service that may arise. It carries no entitlement to established status, by way of limited competition or otherwise unless a permanent position is sanctioned. Should a permanent position be offered, the position holder will be under consideration subject to satisfactory performance. c. Any applicant placed on contract on foot of this competition will be subject to a minimum probationary contract period of 1 year. The probationary contract period will commence from the date of appointment. Notwithstanding this paragraph and the paragraph immediately following below, this will not preclude an extension of the probationary contract in appropriate circumstances. d. During the period of your probationary contract, your performance will be subject to review by your manager(s) to determine whether you: (i) (ii) (iii) have performed in a satisfactory manner, have been satisfactory in general conduct, and are suitable from the point of view of health with particular regard to sick leave e. Prior to completion of the probationary contract a decision will be made as to whether or not you will be retained or the probationary period extended. 8

9 This decision will be based on your performance assessed against the criteria set out in (i) to (iii) above. The detail of the probationary process will be explained to you by the Houses of the Oireachtas Service. f. In the event that you are not considered as suitable to the position of Advisory Counsel (Grade III) having been assessed against stated criteria, you will be notified in writing of the action to be taken prior to the expiry of this contract and any extensions thereof. g. Notwithstanding paragraphs d and e above, the probationary contract may be terminated at any time prior to the expiry of the term of the contract by either side in accordance with the Minimum Notice and Terms of Employment Acts, 1973 to In certain circumstances the contract may be extended and the probation period suspended. The extension must be agreed by both parties. The probationary period stands suspended where an employee is absent due to Maternity or Adoptive Leave In relation to an employee absent on Parental Leave or Carers Leave, the employer may require probation to be suspended if the absence is not considered to be consistent with a continuation of the probation Probation may be suspended in cases such as absence due to a nonrecurring illness. The employee may in these circumstances make application to the employer for an extension to the contract period. Headquarters Office headquarters will be in Dublin. When absent from home and headquarters on duty, appropriate travelling expenses and subsistence allowances will be paid, subject to the normal civil service regulations. Ill-Health Retirement Please note that where an individual has retired from a Civil/Public Service body on the grounds of ill-health his/her pension from that employment may be subject to review in accordance with the rules of ill-health retirement within the pension scheme of that employment. Retirement/Superannuation Retirement/Superannuation 9

10 The successful candidate will be offered the appropriate superannuation terms and conditions as prevailing in the Civil Service, at the time of being offered an appointment. In general, and except for candidates who have worked in a pensionable (non-single scheme terms) public service job in the 26 weeks prior to appointment (see paragraph d below), this means being offered appointment based on membership of the Single Public Service Pension Scheme ( Single Scheme ). Key provisions attaching to membership of the Single Scheme are as follows: a. Pensionable Age The minimum age at which pension is payable is 66 (rising to 67 and 68 in line with State Pension age changes. b. Retirement Age: Scheme members must retire at the age of 70. c. Pension Abatement If the appointee was previously employed in the Civil Service and is in receipt of a pension from the Civil Service normal abatement rules will apply. However, if the appointee was previously employed in the Civil Service and awarded a pension under voluntary early retirement arrangements (other than the Incentivised Scheme of Early Retirement (ISER) or the Department of Health Circular 7/2010 VER/VRS which, as indicated above, renders a person ineligible for the competition) the entitlement to that pension will cease with effect from the date of reappointment. Special arrangements will, however be made for the reckoning of previous service given by the appointee for the purpose of any future superannuation award for which the appointee may be eligible. If the appointee was previously employed in the Civil Service or in the Public Service please note that the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 includes a provision which extends abatement of pension for all Civil and Public Servants who are re-employed where a Public Service pension is in payment. This provision to apply abatement across the wider public service came into affect on 1 November This may have pension implications for any person appointed to this position who is currently in receipt of a Civil or Public Service pension or has a preserved Civil or Public Service pension which will come into payment during his/her employment in this position. Department of Education and Skills Early Retirement Scheme for Teachers Circular 102/2007 The Department of Education and Skills introduced an Early Retirement Scheme for Teachers. It is a condition of the Early Retirement Scheme that with the exception of the situations set out in paragraphs 10.2 and 10.3 of the relevant circular documentation, and with those exceptions only, if a teacher accepts early retirement under Strands 1, 2 or 3 of this scheme and is subsequently employed in any capacity in any area of the 10

11 public sector, payment of pension to that person under the scheme will immediately cease. Pension payments will, however, be resumed on the ceasing of such employment or on the person s 60 th birthday, whichever is the later, but on resumption, the pension will be based on the person s actual reckonable service as a teacher (i.e. the added years previously granted will not be taken into account in the calculation of the pension payment). Ill-Health Retirement Please note that where an individual has retired from a Civil/Public Service body on the grounds of ill-health his/her pension from that employment may be subject to review in accordance with the rules of ill-health retirement within the pension scheme of that employment. d. Prior Public Servants While the default pension terms, as set out in the preceding paragraphs, consist of Single Scheme membership, this may not apply to certain appointees. Full details of the conditions governing whether or not a public servant is a Single Scheme member are given in the Public Service Pensions (Single Scheme and other Provisions) Act However the key exception case (in the context of this competition and generally) is that a successful candidate who has worked in a pensionable (non-single scheme terms) capacity in the public service within 26 weeks of taking up appointment, would in general not become a member of the Single Scheme. In this case such a candidate would instead be offered membership of the pension scheme for non-established civil servants ( Non-Established State Employee Scheme ). This would mean that the abatement provisions at (c) above would apply, and in addition there are implications in respect of pension accrual as outlined below: Pension Accrual A 40-year limit on total service that can be counted towards pension where a person has been a member of more than one existing public service pension scheme would apply. This 40-year limit, which is provided for in the Public Service Pensions (Single Scheme and other Provisions) Act 2012 came into effect on 28 July This may have implications for any appointee who has acquired pension rights in a previous public service employment. e. Pension-Related Deduction This appointment is subject to the pension-related deduction in accordance with the Financial Emergency Measure in the Public Interest Act For further information in relation to the Single Public Service Pension Scheme for Public Servants please see the following website: 11

12 Hours of Attendance Hours of attendance will be as fixed from time to time but will amount, on average, to not less than hours gross per week. No additional payment will be made for extra attendance (over and above hours per week) as the rate of remuneration payable covers any extra attendance liability that may arise from time to time. The Organisation of Working Time Act 1997 The terms of the Organisation of Working Time Act, 1997 will apply, where appropriate, to this employment. Sick Leave Pay during properly certified sick absence, provided there is no evidence of permanent disability for service, will apply on a pro-rata basis, in accordance with the provisions of the sick leave circulars. The appointee will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due under the Social Welfare Acts direct to the Houses of the Oireachtas Service and payment during illness will be subject to the appointee making the necessary claims for social insurance benefit to the Department of Social Protection directly within the required time limits. Annual Leave The annual leave allowance will be 27 working days a year. This allowance is subject to the usual conditions regarding the granting of annual leave and is on the basis of a five-day week and is exclusive of the usual public holidays. Secrecy, Confidentiality and Standards of Behaviour Official Secrecy and Integrity: The appointment will be subject to the provisions of the Official Secrets Act, 1963, as amended by the Freedom of Information Acts 1997 and Successful candidates will agree not to disclose to third parties any confidential information either during or subsequent to the period of employment. Civil Service Code of Standards and Behaviour: The appointment will be subject to the Civil Service Code of Standards and Behaviour. 12

13 Political Activity The appointment will be subject to the rules governing civil servants and politics. Ethics in Public Office Acts 1995 and Standards in Public Office Act 2001: The provisions of these Acts apply, as appropriate, to this position. Data Protection Acts 1988 & 2003 When your application form is received, we create a record in your name, which contains much of the personal information you have supplied. This personal record is used solely in processing your candidature and should you be successful certain information you provide will be forwarded to the employing organisation. Such information held is subject to the rights and obligations set out in the Data Protection Acts, 1988 & Personnel Code Further details and circulars regarding these terms and conditions can be found in An Cod Pearsanra and are available on the following web site 13

14 Selection Method The methods used to select the successful candidate for this post will include: Shortlisting of candidates on the basis of the information contained in their application form Preliminary interviews may be required, depending on the number of candidates, to reduce the numbers of candidates to a more manageable number for the main interview board A competitive interview, including a presentation by the candidate. Three presentation topics will be made known to shortlisted candidates. All three topics are to be prepared and the interviewee will be asked to give a ten minute presentation on one of the three topics during the interview. It is envisaged that interviews will take place during the week(s) commencing 4 th August and/or 11 th August Normally the number of applications received for a position exceeds that required to fill existing and future vacancies to the position. While you may meet the eligibility requirements of the competition, if the numbers applying for the position are such that it would not be practical to interview everyone, the Houses of the Oireachtas Service may decide that a number only will be called to interview. In this respect, the Houses of the Oireachtas Service provide for the employment of a shortlisting process to select a group for interview who, based on an examination of the application forms, appear to be the most suitable for the position. This is not to suggest that other candidates are necessarily unsuitable or incapable of undertaking the job, rather that there are some candidates who are, prima facie, better qualified and/or have more relevant experience. During any shortlisting exercise that may be employed, the Houses of the Oireachtas Service will be guided by an expert board which will examine the application forms and assess them against pre-determined criteria based on the requirements of the position. It is therefore in your own interests to provide a detailed and accurate account of your qualifications/ experience on the application form. The onus is on all applicants to make themselves available on the date(s) specified by the Houses of the Oireachtas Service and to make whatever arrangements are necessary to ensure that they receive communications sent to them at the contact details specified on their application form ( is the preferred communication medium, but regular post may be utilised where deemed appropriate). The Houses of the Oireachtas Service will not be responsible for any expenses incurred by candidates in relation to their candidature. Completing the Application Form: Applications must be made on the official application form and will be treated in strict confidence. All sections of the form must be fully completed. When completing the application form accuracy is essential, as it will be used as a computer input document and you may be shortlisted on the basis of information supplied. 14

15 Any inaccuracy in completing the form may result in rejection. Therefore it is in your own interest to ensure that the information supplied in all sections is correct. If it is necessary to continue on a separate sheet please set the information out in the same manner as in the application form. The admission of a person to a competition, or invitation to attend an interview, is not to be taken as implying that the Houses of the Oireachtas Service are satisfied that such person fulfils the requirements of the competition or is not disqualified by law from holding the position and does not carry a guarantee that your application will receive further consideration. It is important, therefore, for you to note that the onus is on you to ensure that you meet the eligibility requirements for the competition before attending for interview. If you do not meet these essential entry requirements but nevertheless attend for interview you will be putting yourself to unnecessary expense as the Houses of the Oireachtas Service will not be responsible for refunding any expenses incurred. Canvassing will disqualify. Confidentiality: Subject to the provisions of the Freedom of Information Acts, 1997 and 2003, applications will be treated in strict confidence. Closing date: The completed application form must be forwarded by to recruitment@oireachtas.ie not later than 5pm on 25 th July, If you do not receive an acknowledgement confirming receipt of your completed application form, please contact the Personnel Unit of the Houses of the Oireachtas Service telephone Guidelines for dealing with appeals/requests for review The Houses of the Oireachtas Service will consider requests for review in accordance with the provisions of the codes of practice published by the CPSA and referred to in the cover sheet at front of this booklet. The Codes of Practice are available on the website of the Commission for Public Service Appointments. Where a candidate is unhappy with an action or decision in relation to their application he/she can seek a review under Section 7 of the code of practice governing the recruitment process by a person in the recruiting body (initial reviewer). Where a candidate remains dissatisfied following this initial review, he/she may seek to have the conduct of the initial review examined by a decision arbitrator. As an alternative to the above, it is open to a candidate to seek to have the matter resolved on an informal basis, as set out below. If a candidate remains dissatisfied following any such discussion it is open to him/her to seek a formal review. 15

16 Informal process: The candidate can avail of the informal review within 5 working days of notification of the initial decision, and should normally take place between the candidate and the person who communicated the decision (or relevant person). Where the decision being conveyed relates to an interim stage of a selection process, the request for informal review must be received within 2 working days of the date of receipt of the decision. Where a candidate remains dissatisfied following any such informal discussion, he/she may adopt the formal procedures set out below. If the candidate wishes the matter to be dealt with by way of a formal review, he/she must do so within 2 working days of the notification of the outcome of the informal review. Formal process: Initial review: The candidate must address his/her concerns in relation to the process in writing to the Head of HR Services of the Houses of the Oireachtas Service setting out those aspects of the action or decision in relation to his/her candidature that he/she wishes to have reviewed. A request for review must be made within 10 working days of the notification of the initial decision. Where the decision relates to an interim stage of a selection process, the request for review must be received within 4 working days. Any extension of these time limits will only be granted in the most exceptional of circumstances and will be at the sole discretion of the Secretary General. The outcome must generally be notified to the candidate within 20 working days of receipt of the complaint or request for review. The candidate will receive the outcome of the review by means of a written report. Should a candidate be dissatisfied with the outcome of the initial review, he/she may request a review by a decision arbitrator of the conduct of the initial review. Review by the decision arbitrator The decision arbitrator is appointed by the Assistant Secretary General and Director of Corporate Services. The decision arbitrator is unconnected with the selection process and he/she will adjudicate on requests for review in cases where a candidate is not satisfied with the outcome of the initial review. The decision of the decision arbitrator in relation to such matters is final. A request made to the decision arbitrator must be received within 7 working days of the notification of the outcome of the initial review. The outcome of the investigation must be notified to the candidate in the form of a written report within 10 working days. 16

17 Where a candidate believes that an aspect of the process breached the CPSA s Code of Practice, he/she can have it investigated under Section 8 of the code of practice. Informal process: The CPSA recommends that the candidate avail of the informal process to try to resolve the matter with the recruiting body. If the candidate is still dissatisfied he/she may resort to the formal process within 2 working days of receiving notification of the informal process. Formal process: If you are requesting a formal review you must write to the licence holder Clerk Assistant of Dáil Éireann providing details of the breach of the code of practice and enclosing any relevant documentation that might support the allegation. The outcome must generally be notified to the candidate within 20 working days of receipt of the complaint or request for review. If a decision cannot be made within this timeframe, the reviewer will keep the candidate informed of the status of the review. Should a candidate be dissatisfied with the outcome of this review, he/she may request a further review by referring the matter to the Commission for Public Service Appointments in the form of an appeal of the review of the licence Holder. He/She must write to the Commission for Public Service Appointments within 10 working days of receiving the outcome of the licence Holder s review. The codes of practice are available on the website of the Commission for Public Service Appointments, Candidates' Obligations Candidates should note that canvassing will disqualify and will result in their exclusion from the process. Candidates must not: knowingly or recklessly provide false information canvass any person with or without inducements interfere with or compromise the process in any way. A third party must not personate a candidate at any stage of the process. Any person who contravenes the above provisions or who assists another person in contravening the above provisions is guilty of an offence. A person who is found guilty of an offence is liable to a fine/or imprisonment. In addition, where a person found guilty of an offence was or is a candidate at a recruitment process, then: where he/she has not been appointed to a post, he/she will be disqualified as a candidate; and 17

18 where he/she has been appointed subsequently to the recruitment process in question, he/she shall forfeit that appointment. Deeming of candidature to be withdrawn Candidates who do not attend for interview or other test when and where required by the Houses of the Oireachtas Service, or who do not, when requested, furnish such evidence, as the Houses of the Oireachtas Service require in regard to any matter relevant to their candidature, will have no further claim to consideration. Quality Customer Service We aim to provide an excellent quality service to all our customers. If, for whatever reason, you are unhappy with any aspect of the service you receive from us, we urge you to bring this to the attention of the unit or staff member concerned. This is important as it ensures that we are aware of the problem and can take the appropriate steps to resolve it. Data Protection Acts 1988 & 2003 When your application form is received, we create a computer record in your name, which contains much of the personal information you have supplied. This personal record is used solely in processing your candidature. Such information held on computer is subject to the rights and obligations set out in the Data Protection Acts, 1988 & You are entitled under these acts to obtain, at any time, copy of information about you, which is kept on computer. The Houses of the Oireachtas Service charge a fee of 6.35 for each request. You should enclose a cheque or postal order and address your request to: THE DATA PROTECTION CO-ORDINATOR, HOUSES OF THE OIREACHTAS SERVICE, LEINSTER HOUSE, KILDARE STREET, DUBLIN 2. Certain items of information, not specific to any individual, are extracted from computer records for general statistical purposes. Note: This document is for information only, and is not intended as a legal interpretation of any other documents, guidelines, or Acts of Law 18