Association of Higher Civil and Public Servants Comhlachas ... · 1974/75 M.Kilcullen M.Corcoran M.F.Fahy T.J.Mooney ... 2002/2003 Patrick Dowling Seamus Molloy [deceased] Liam Kelly

0807

Association ofHigher Civil andPublic Servants

Comhlachas naSheirbhíseachUachtarach Stáitagus Poiblí

Annual Report & Accounts

Association of Higher Civil and Public ServantsComhlachas na Sheirbhíseach Uachtarach Stáit agus Poiblí

CONFIDENTIAL TO MEMBERS

ANNUAL REPORT 2007/2008

AHCPS Annual Report 2007/2008 2

Officers, Executive Committee and ConsultativeCouncil 2007/2008, Sub-Committees. 4-6

INTRODUCTION 7

PART ONE: ORGANISATION

1.1 Annual Delegate Conference 8

1.2 Executive Committee 8

1.3 Standing Orders Committee 8

1.4 ADC Resolutions 2007 includingMotions Remitted 8

1.5 Trustees and Auditor 14

1.6 Honorary President & Vice Presidents 14

1.7 Consultative Council 14

1.8 Membership 14

1.9 Membership Services 14

1.10 Rules & Constitution 15

1.11 AHCPS Web Site 15

1.12 Staff 15

PART TWO: PUBLIC SERVICE

2.1 OECD Review 16

2.2 Organisation Review Programme 16

2.3 Decentralisation 16

2.4 Towards 2016 17

2.5 Benchmarking 18

2.6 Scheme of Interdepartmental Promotionto Principal Level Posts 19

2.7 Superannuation 20

2.8 Green Paper on Pensions 20

2.9 General Council 21

2.10 Work Life Balance 21

2.11 Disability 23

2.12 Health & Safety 24

2.13 Revenue 24

PART THREE: STATE ENTERPRISES

3.1 An Post and National Lottery Company 25

3.2 FÁS 25

3.3 Food Safety Authority 26

3.4 Irish Aviation Authority 26

3.5 Other Agencies 26

PART FOUR: AFFILIATIONS AND RELATIONS WITH OTHER ORGANISATIONS

4.1 Irish Congress of Trade Unions 27

4.2 Civil Service Unions 27

4.3 Veterinary Officers’ Association 27

4.4 Association of Assistant Secretary & HigherGrades (AASHG) 27

4.5 Retired Civil & Public Servants’ Association 27

4.6 European Federation of Public Service Unions (EPSU) 27

4.7 Union of Finance Personnel in Europe (UFE) 27

4.8 Union Network International (UNI) 27

4.9 Association of First Division Civil Servants (FDA) 28

4.10 FDA Parliamentary/AHCPS Oireachtas Group 28

4.11 Institute of Public Administration 28

4.12 Irish Labour History Society 28

4.13 Hospital Saturday Fund 28

4.14 Combined Service Third World Fund 28

4.15 Civil Service Charities Fund 28

CONTENTS


CONTENTS

A. Minutes of the Annual Delegate Conference 2007 29

B. Rules & Constitution 44

C. Standing Orders of Delegate Conferences 54

D. Executive Committee Attendances 2007/8 56

E. AHCPS Submissions to OECD 57

F. DIG Report 2007 62

G. General Council Staff Panel Annual Report 2007 71

H. FÁS SIPTU Labour Court Finding on Decentralisation 85

I. ICTU Public Services CommitteeAnnual Report 87

APPENDICES

Originated and printed by CRM Design + Print Ltd., Dublin 12 • 01-4290007

OBITUARY

Mr Charles H. Murray died earlier this year. Charlie served as Chairman of the Association from1957 to 1959 when he was promoted to Assistant Secretary.

Mr Michael O’Donoghue, Vice President and former Chairperson of the Association died inMarch this year. Michael served as Vice Chairperson and Chairperson from 1987 to 1991.

Ar neamh go raibh siad.

Head Office

The Association’s Head Office is: Fleming’s Hall, 12 Fleming’s Place, Dublin 4

Year Chairman Vice-Chairman Hon. Secretary Hon. Treasurer1943/5 M.J.Kenny E.O’Connor E.O’Connor1945/6 J.Mahony E.O’Connor E.O’Connor1946/7 J.J.Waldron E.O’Connor E.O’Connor1947/9 J.J.Waldron M.A.O’Connallain T.O’Brien1949/51 J.J.Waldron C.P.O Ceallaigh J.O’Dwyer1951/2 J.J.Waldron B.Carty C.P.O Ceallaigh1952/3 J.J.Waldron T.J.Collins C.P.O Ceallaigh1953/5 J.J.Waldron T.Tobin S.M.O Miodchain1955/7 C.P.O’Ceallaigh T.Tobin S.M.O Miodchain1957/8 C.H.Murray C.P.O’Ceallaigh T.Tobin S.M.O Miodchain1958/9 C.H.Murray * C.P.O’Ceallaigh P.A.Terry S.M.O Miodchain

T.J.Cahill1959/60 T.J.Cahill* M.B.Lawless N.MacLiam N.MacLiam

M.B.Lawless W.Drain1960/1 P.A.Terry W.Drain J.G.Buckmaster T.O’Sullivan1961/2 P.A.Terry P.J.Mulvany J.G.Buckmaster T.O’Sullivan1962/3 R.C.O’Connor P.J.Mulvany J.G.Buckmaster T.O’Sullivan1963/4 R.C.O’Connor J.G.Buckmaster L.O’Laidhin1964/5 R.C.O’Connor J.M.McNicholl L.O’Laidhin T.J.Mooney1965/6 R.C.O’Connor J.M.McNicholl N.Tobin T.J.Mooney1966/8 P.A.Terry J.M.McNicholl D.O’Mahony T.J.Mooney1968/9 P.A.Terry J.C.Horgan D.O’Mahony T.J.Mooney1969/73 J.C.Horgan M.Kilcullen D.O’Mahony T.J.Mooney1973/74 J.C.Horgan M.Kilcullen J.O’Dwyer T.J.Mooney1974/75 M.Kilcullen M.Corcoran M.F.Fahy T.J.Mooney1975/76 M.Kilcullen D.O’Mahony General Secretary T.J.Mooney1976/77 T.J.Mooney D.O’Mahony Ralph B. Pares J.C.Tucker1977/78 T.J.Mooney D.O’Mahony* 1975-1980 J.C.Tucker

M.Corcoran**J.C.Horgan

1978/79 T.J.Mooney T.H.Hally J.C.Tucker1979/81 J.C.Tucker M.F.Fahy T.Tuite1981/83 M.F.Fahy T.Tuite John Dowling P.J.O’Grady1983/84 M.F.Fahy J.P.O’Brien 1980-1987 P.J.O’Grady1984/86 J.P.O’Brien Sean Healy *** P.J.O’Grady

John Melia1986/87 J.P.O’Brien John Melia P.Greene1987/88 J.P.O’Brien Michael O’Donoghue Seán Ó Ríordáin P.Greene1987/88 Michael O’Donoghue Padraig Cullinane 1987-2007 P.Greene1988/91 Mchael O’Donoghue Padraig Cullinane P.Greene1991/92 Padraig Cullinane Richard Ryan P.Greene1992/93 Richard Ryan Des Coppins Benny Kevitt1993/94 Richard Ryan Des Coppins Benny Kevitt1994/95 Richard Ryan Des Coppins Benny Kevitt1995/96 Richard Ryan Benny Kevitt Brian Murnane1996/97 Benny Kevitt Brian Murnane Tom Power1997/98 Brian Murnane Patrick Dowling Tom Power1998/99 Brian Murnane Patrick Dowling Kieran Coyle1999/2000 Brian Murnane Patrick Dowling Kieran Coyle2000/2001 Brian Murnane Patrick Dowling Kieran Coyle2001/2002 Patrick Dowling Seamus Molloy Liam Kelly2002/2003 Patrick Dowling Seamus Molloy [deceased] Liam Kelly

Sean McDonald2003/2004 Sean McDonald Brigitta O’Doherty Liam Kelly2004/2005 Brigitta O’Doherty Philip Crosby Mary McLoughlin2005/2006 Philip Crosby Ciaran Rohan Mary McLoughlin2006/2007 Philip Crosby Ciaran Rohan Mary McLoughlin2006/2007 Ciaran Rohan Peadar Carpenter Dave Thomas Mary McLoughlin

2007-

* Resigned on promotion to Assistant Secretary** Resigned on posting to Personnel Officer*** Resigned on posting to London as Labour Attache


OFFICERS OF THE ASSOCIATION FROM 1943 - 2008

President Donal O’Mahony

Vice-Presidents P. A. TerryJ. C. HorganJ.C. TuckerMary McGuirePadraig CullinaneBenny KevittRichard RyanJ. P. O’BrienTom QuigleyMichael O’Donoghue RIPCon RyanPat DowlingBrendan SheeranSeán Ó Riordáin

Trustees Mr Peter GreeneMs Margaret KellyMr. Brian Murnane


HONORARY OFFICERS OF THE ASSOCIATION 2007/2008

Chairperson Ciaran Rohan (Education & Science)

Vice-Chairperson Peadar Carpenter (Foreign Affairs)

Hon. Financial Secretary Mary McLoughlin (Health & Children)

The following Officers were elected at theAnnual Delegate Conference held on 11 May 2007:

Pay & Strategy Rohan Ciaran – ChairMcLoughlin MaryCarpenter PeadarHughes JohnNoonan AngieMcKevitt Brian

Organisation & General PurposesPeadar Carpenter – ChairRohan Ciaran McLoughlin MaryBroderick LynnLehane RayO’Byrne AudreyPhilpott RichieHughes EamonDunne LarryCrosby PhilipMcKevitt Brian

Staffing & Succession Carpenter Peadar– ChairMcLoughlin MaryAllen Joe McKevitt BrianNoonan Angie

Thomas Dave

Web Site Development McLoughlin, Mary – ChairPhilpott, RichieO’Byrne AudreyKennedy Les

Kelleher JohnLacey Jackie

Executive Sub-Committees

Finance & Services Sub CommitteeMcLoughlin Mary – ChairCarpenter PeadarRohan CiaranAllen TomAllen Joe O’Malley ConorHughes EamonDunne Larry Flynn MichaelCrosby Philip

Equality & DiversitySub CommitteeCarpenter Peadar – ChairRohan Ciaran Crosby Philip McLoughlin MaryLehane Ray Noonan Angie Philpott Richie Hughes John

AHCPS Officers are ex-officio members of all Sub Committees

EXECUTIVECOMMITTEE


CONSULTATIVE COUNCIL 2007/2008

BRANCHSECRETARIES

Allen Joe Environment Heritage & Local GovernmentAllen Tom Community, Rural & Gaeltacht AffairsBroderick Lynn Agriculture Fisheries & Food Carpenter Peadar Foreign Affairs Crosby Philip Revenue Dunne Larry FinanceFlynn Michael F Justice, Equality & Law ReformHughes Eamon * National LotteryHughes John Enterprise, Trade & EmploymentLehane Ray Social & Family Affairs McGann Brian* An PostMcKevitt Brian Ombudsman’s OfficeMcLoughlin Mary Health & ChildrenNoonan Angie Health & Children O’Byrne Audrey Taoiseach’s O’Malley Conor Arts, Sport & TourismPhilpott Richie Education & Science Rohan Ciaran Education & Science

Consultative Council The Consultative Council comprises members of the Executive Committee,

Branch Chairpersons and Secretaries or their deputies.

Agriculture, Fisheries & Food Patricia CannonAn Post Willie PrendegastArts, Sport and Tourism Mary NashCentral Statistics Office Joe KelleherCommunications, Energy & Natural Resources Michael GoodwinCommunity, Rural & Gaeltacht Affairs Pat BoyleComptroller & Auditor General Peter KinsleyCommission for Energy Regulator Tim O’BrienCourts Service Angela DenningCounty Enterprise Boards Michael TunneyDefence Brian O’SullivanEducation and Science Stephen FalveyEircom Paul KeaneEnterprise, Trade & Employment Marie NiChuirc Environment, Heritage and Local Government Carmel SherryFÁS Mark CrowtherFinance Gary Tobin/Larry DunneFood Safety Authority of Ireland Tim Camon Foreign Affairs Ciaran ByrneGarda HQ Kieran DowneyHealth and Children Kieran SmythHealth and Safety Authority Andrew AllenHouses of the Oireachtas Eoin FahertyIrish Aviation Authority Liam O’NeillJustice, Equality & Law Reform Maeve HoganProperty Registration Authority [Land Registry] Henry SullivanNational Centre for Partnership & Performance Damien ThomasOffice of Public Works Joe Pat O’DonnellOffice of the Ombudsman Aoife Nic ReamoinnOrdnance Survey Ireland Cormac ClancyPensions Board Tom DunphyPersonal Injuries Assessment Board Patrick KinsellaPrison Governors Liam DowlingPublic Appointments Commission/Service Liam HurleyRevenue Mary FarrellSocial & Family Affairs Brian ChadwickTaoiseach’s Audrey O’ByrneTransport & Marine Derek RaffertyChief State Solicitors Office Michael FallonAttorney General Brian ScannellLegal Aid Board Clare KellyNational Council Special Education Sheila Clifford

** Eamon Hughes National Lottery was co-opted in place of Brian McGann who resigned during the year.

There were major changes in the staffing at AHCPS headquarters during the year. Mr Seán ÓRíordáin, General Secretary, retired and, following a series of recruitment competitions, DaveThomas was appointed as General Secretary, John Kelleher as Deputy General Secretary andCiaran Rohan as Assistant General Secretary, Mr Rohan will take up duty shortly.

On the pay front the Benchmarking Body reported on 10 January 2008. The Body awarded 1.1%to the Principal and related grades and 0% to all other grades in the civil service. The Body in itsreport states that it changed the methodology used in the last Benchmarking exercise but didn’tgive reasons why it did. So the three changes that affected the AHCPS grades were:

1.) the use of weighted averages,

2.) the use of a larte number of small firms for pay comparison purposes,

3.) the 12% value it put on Public Service pensions.

New national pay talks are likely to start shortly. However, a number of unions have put downpreconditions for entering talks which may be difficult to accommodate. This will probably makethis round of talks the most difficult yet.

Decentralisation continues to be the major issue facing the Association. As the programmegathers pace more and more members are being transferred between Departments. The “churn”is very high in most areas and is causing service delivery problems. The Executive Committee inconsultation with branches produced a Report on Decentralisation which was published in May2007 called Public Service Decentralisation “the need for an immediate review” This report isavailable on the Association’s website www.ahcps.ie .

The OECD undertook a review of the Irish Public Service in 2007 and their report is due out inApril 2008. It is expected that this report will form the basis for the next round of modernisationin the Public Sector.

The majority of civil service unions have decided to pull out of the Conciliation and ArbitrationScheme and to lodge a claim to allow the LRC/Labour Court deal with the civil service inindustrial relation matters. This will be the biggest change to the Industrial Relations machineryin the civil service in over fifty years.

There are still outstanding issues in An Post and National Lottery Company. New proposals inrelation to Performance Related Pay are at the time of writing being considered by the membersat level III in the company.


INTRODUCTION

1.1 ANNUAL DELEGATE CONFERENCE The twenty seventh Annual Delegate Conferenceof the Association took place in the BurlingtonHotel, Dublin on Friday 11 May, 2007. 240 BranchDelegates and 16 Executive Committee membersattended.

The Association’s guests at the Conference wereJonathan Baume and Martin Furlong, Associationof First Division Civil Servants (FDA) London andDr Philip Cummins and Sam Caul, Northern IrelandFDA.

1.2 EXECUTIVE COMMITTEECiaran Rohan, Department of Education &Science, was elected to the office of Chairperson.Peadar Carpenter, Department of Foreign Affairs,was elected Vice-Chairperson and MaryMcLoughlin, Department of Health and Children,was re-elected as Treasurer.

The following candidates were elected to thetwelve ordinary positions on the ExecutiveCommittee at the Annual Delegate Conference:

Votes Candidates Branch Elected

197 Allen Joe Environment & Local Government �

198 Broderick Lynn Agriculture & Food �

195 Crosby Philip Revenue �

193 Dunne Larry Finance �

177 Flynn Michael Justice, Equality & Law Reform �

164 Hughes John Enterprise Trade &Employment �

143 Lehane Ray Social & Family Affairs �

145 McGann Brian An Post �

165 McKevitt Brian Office of the Ombudsman �

190 Noonan Angie Health & Children �

137 O’Byrne Audrey Taoiseach’s �

192 Philpott Richie Education & Science �

Tom Allen, Community, Rural & Gaeltacht Affairs,and Conor O’Malley, Arts, Sport & Tourism wereco-opted to the Executive Committee under Rule11 (a)(iii) of the Rules and Constitution of theAssociation.

Details of attendances at Executive Committeemeetings during the year are set out in Appendix D.

1.3 STANDING ORDERS COMMITTEEThe Standing Orders Committee elected at theAnnual Delegate Conference was:

Denny David FinanceGordon John RevenueIngoldsby Brian Justice, Equality &

Law ReformMoynihan Denis Social & Family Affairs

Mr. Brian Ingoldsby was subsequently re-electedChairperson of the Committee.

1.4 CONFERENCE RESOLUTIONSA brief indication of action taken in relation tothese resolutions is set out hereunder. Part II of theAnnual Report contains more detailed informationin appropriate cases.

RULE CHANGE

MOTION 4In Rule 9 (d) (i) Add “Motions sent to theAssociation Headquarters by electronic mail willbe deemed to be received by the GeneralSecretary on the same day as the mail was sentprovided that evidence of sending is provided bythe sender.”

MOTION 6Rule 22 (f)

AddIn the case of a Branch authorised under Rule 22(J) to substitute a Branch Delegate Meeting for anAnnual General Meeting, having regard to thegeographic spread of members, the BranchDelegate Meeting will take place no later than fourweeks prior to the Annual Delegate Conference orthe closing date for amendments to Motions onthe final agenda of Annual Delegate Conference,whichever is the earlier provided that

(i) A previous Delegate Meeting of the Branchhas mandated the Branch Executive topropose motions and make nominations onbehalf of the Branch for the Annual DelegateConference.


Part IORGANISATION

(ii) And that the Branch Executive puts all suchmotions and nominations on the Agenda of theBranch Delegate Meeting, taking place inaccordance with the provisions of rule 22(f), forapproval by the delegation.

Action TakenThe amendment to the Rules & Constitution ofthe Association has been registered with andapproved by the Registrar of Friendly Societies.

MOTION 7This conference instructs the incoming ExecutiveCommittee to work through ICTU to keep theterms of the “Towards 2016” national agreementunder review, with a view to providing, ifnecessary, for an appropriate increase tocompensate for any erosion of the pay elements ofthis agreement caused by the significant recentincrease in inflation.

Action TakenThe Association has written to ICTU on thismatter and continues to monitor the situation.The General Secretary, Dave Thomas, hasattended the ICTU Executive Committee for themeetings discussing the unions’ strategy forthe next round of the pay talks discussing. Therate of inflation is one of the items to beaddressed in the forthcoming talks.

MOTION 11That this ADC calls on the incoming Executive toconduct a study of the cost of living in Dublin so asto establish if there are grounds for seeking thepayment of allowance to members living in CountyDublin similar to that applicable to London in theUK.

MOTION 12In light of the greater cost of living in metropolitanareas, this conference seeks a weightingallowance similar to that granted in the UK for staffliving and working in such areas.

Action TakenA claim seeking an allowance for staff workingin urban locations has been lodged at theGeneral Council. A similar claim by the IrishNurses Organisation (INO) was rejected by therecent Benchmarking Body Report.

POSTAL LIBERALISATION

MOTION 13That this ADC instructs the Executive Committeeto request the Minister for Communications when

introducing legislation to implement the EU PostalLiberalisation Directive to ensure that

� The provider of the Universal Service Obligationis adequately funded so that there is no threatto jobs or salary levels to our members in AnPost

� Postal customers outside of major urban areasdo not suffer a reduced delivery and collectionservice

� New entrants are not allowed to “cherry pick” atthe expense of the USO provider.

Action TakenThe Association has written to Mr Eamon RyanTD, Minister for Communications, Energy &Natural Resources, outlining the Association’sconcerns on this matter.

DECENTRALISATION

MOTION 14That this ADC reiterates its support for a rationalmodel of decentralisation and calls onGovernment to review the scope and timetable ofthe current decentralisation programme havingregard to the serious difficulties arising both fromHR/IR and Quality Public Services perspectives.

Action TakenThe Executive Committee continues to press inIR and public fora for a more rational model ofdecentralisation. The Association’s reviseddocument Public Service Decentralisation TheNeed for an Immediate Review which waspublished in May 2007 has been circulated to allmembers of the Government, TD’s, Senators,and the media. The Executive continues tokeep the issue under review.

MOTION 15That Conference requests the Government topublish an Environmental Impact Statementon the current decentralisation programmeassessing matters such as how availability ofpublic transport affects the selection of office sites,and the steps taken to ensure the programmedoes not promote a car dependent lifestyle.

Action TakenA claim in this regard was lodged at GeneralCouncil. The Official Side response was that theDIG kept all aspects of Decentralisation underreview and that it was not consideredproductive to look at just one aspect ofDecentralisation in isolation.


MOTION 16That this Conference instructs the incomingExecutive to request the Department of Finance toamend the CAF arrangements to allow officials onthe Dublin CAF to express a preference for officesin those counties bordering any of the 4 Dublinlocal authority areas. Where positions arise inthese offices the usual seniority provisions wouldbe employed to ascertain the order in which placesare offered to officers on either CAF panel.

Action TakenA claim in this regard has been lodged atGeneral Council. The Official Side is examiningthe merits of the claim. At the time of writingthe Association is awaiting a response.

MOTION 17That this Conference instructs the incomingExecutive to request the Department of Finance toextend the Dublin CAF to include all offices in theGreater Dublin area not covered by the CAF fordecentralised offices.

Action TakenAssociation head office is in discussion withthe sponsoring branch regarding theimplications of the motion.

MOTION 19That this Conference instructs the incomingExecutive to ensure that members who wish todecentralise are no longer forced to accept poorerworking conditions or a reduction in salary in orderto decentralise and to enter into negotiations withthe Department of Finance to seek the restorationof former conditions and salary in all cases wheredecentralising members have been negativelyaffected.

Action TakenThis issue is under discussion with Departmentof Finance at the General Council SubCommittee on Decentralisation.

MOTION 20That this ADC expresses serious concern aboutthe adverse impact on the welfare, careerdevelopment and working conditions of membersarising from the Decentralisation Programme andinstructs the Executive Committee to prioritisethese issues, paying particular attention to its coremandate of protecting the welfare of its members,in formulating an effective and coherent responseon the part of the Association to the impact of theDecentralisation Programme and itsconsequences.

Action TakenThe Executive Committee continues to keepthe Decentralisation issue under review andpublished and circulated to all members of theGovernment, TD’s, Senators and the media it’srevised document Public ServiceDecentralisation The need for an immediatereview.

MOTION 21 – RemittedThat Conference instructs the incoming ExecutiveCommittee to ensure that candidates in theforthcoming PO Interdepartmental competitionhave an opportunity to compete for posts inDublin.

Action TakenThe closing date for the PO competition hadalready passed and no action could be taken inrelation to that competition. However, when thenext competition is being discussed this will bean issue the Association will pursue. TheAssociation is also conscious that there will belarge numbers of surplus PO’s in Dublin whohave to be accommodated.

MOTION 22 –RemittedThat Conference instructs the incoming ExecutiveCommittee to ensure that Candidates in theforthcoming Open PO competition may onlycompete for posts in decentralised locationswhere there is a shortfall in applicants from thatgrade.

Action TakenIt was agreed that vacancies that occur inDublin that are due to the interdepartmentalcompetition are filled by surplus PO’s from Decentralising Departments/Offices. Theresultant vacancies in the Decentralising/Decentralised Department/Office will be filledfrom one of the PO panels in the followingsequence

1 Interdepartmental2 Open 3 Interdepartmental 4 Open 5 Interdepartmental6 Open7 Interdepartmental 8 Open9 Interdepartmental

The sequence is then repeated. This fulfils thecriteria of 4 in 9 posts going to the open paneland ensures that only posts inDecentralisation/decentralising locations areoffered to the panels.


MOTION 23That this ADC:

a) notes that the circular for the currentinterdepartmental competition for PO carrieswith it a commitment for successfulcandidates to decentralise for a minimum of 3years;

b) notes that the official side are interpreting this tomean that the commitment must bedischarged by an officer remaining for theentire period at a particular regional location,even where a vacancy becomes available atanother regional location that the officerconcerned had applied for under thedecentralisation programme;

c) given that this is neither in the interests of theindividuals concerned nor of thedecentralization programme, instructs theincoming Executive to seek a commitmentfrom the Official side, the effect of which wouldbe to allow an officer promoted under thisscheme to:

(i) maintain his/her application todecentralise to their location of choice,and

(ii) allow him/her to transfer to that location,when a vacancy arises, and to dischargethe balance of their commitment there.

Provided that this does not adversely affect anyother AHCPS member.

Action TakenThe Association has raised this issue at theDecentralisation Sub Committee of GeneralCouncil and it is currently being examined. TheOfficial Side clarified the five year rule asfollows “If someone is not asked to move to thedecentralisation location on or before the 5-year period mentioned above expires, theirobligation to move lapses as a result of theexpiry of the undertakings given. Obviously, ifthey still want to move after the 5-year period,they would be facilitated in doing so. If they arenot prepared to move when asked, andfacilities are in place to permit them to do sowithin the time scales set out, PersonnelOfficers will arrange for their reversion to thegrade from which they were promoted.”

SUPERANNUATION

MOTION 24That this Conference ask the Executive to seek, inthe context of decentralisation, added yearsservice up to age 60 for early retirement purposesfor staff who are entitled to benefit from existingCost Neutral Pension arrangements.

Action TakenA claim in this regard had previously beenlodged at General Council in December 2006and no progress was made. The Executivedecided that it was too soon to lodge a similarclaim and agreed to keep the matter underreview.

PROMOTION

MOTION 25 – RemittedThat conference instructs the incoming ExecutiveCommittee to secure commitment from the officialside that in respect of the Open Competitions forpromotion, there will be equity of treatmentbetween all candidates, irrespective of whetherthey are current serving civil servants or externalapplicants. In this regard that Conference furtherinstructs the incoming Executive Committee tosecure agreement from the official side that stage2 and stage 3 of the current open competition forPO, will be separate for stage 2 and stage 3 of theInterdepartmental competition.Taoiseach’s Branch

AmendmentIn the final sentence to delete “separate for” andsubstitute “separate from”

Action TakenThe closing date for the PO competition hadalready passed and no action could be taken inrelation to that competition. However, when thenext competition is being discussed this will bean issue the Association will pursue.

LATERAL MOBILITY

MOTION 26That this ADC instructs the Executive to seek tohave a system put in place to allow mobility of staffbetween Departments.

Action TakenClaim lodged at General Council in relation toAHCPS grades. The Official Side are givingactive consideration to this proposal andconsidering a continuation of the CAF systemwhen the current decentralisation programmeis completed

WORK-LIFE BALANCE

MOTION 27 – RemittedThat the incoming Executive Committee shouldpursue with the official side, as a matter ofurgency, the introduction of annualised hours for


APs and POs in order to provide appropriate worklife balance options for AHCPS grades.

Action TakenThis is one of a number of issues beingconsidered by the Work Life Balance Networkas part of a review of Work Life Balance issues.

POSITIVE WORKING ENVIRONMENT

MOTION 28Welcoming the increased awareness of the effectsof bullying in the workplace and the developmentof procedures to address the problem, in general,and noting that allegations of workplace bullyingmust be addressed fairly and equitably, that thisADC instructs the incoming Executive Committeeto seek from the official side data on cases whereallegations of bullying have been made, todetermine numbers of cases overall, the number ofcases where a finding has been made (whether foror against the allegations), the number ofinconclusive findings, and any evidence of abuseof the process, with a view to making anyrecommendations which the Executive Committeesees fit in relation to the fairness of the process orto address other issues arising for members.

Action TakenA claim seeking data in relation to bullyingcases has been lodged at General Council. TheOfficial Side is reviewing their policy in line withHealth & Safety Authority guidelines which willinclude maintaining and monitoring statistics inrelation to cases and outcomes.

ASSOCIATION ORGANISATION

MOTION 29That this ADC instructs the incoming ExecutiveCommittee to examine and to report back to thenext ADC in relation to fully employing Informationand Communication Technology to enhancecommunication between head office and branchesand to dispense with the need for paper basedtransactions for the purpose of proposing motionsfor conference or nominations for membership ofthe Executive.

Action TakenThe Association continues to expand its use ofICT technology for communicating withbranches and members and is updating itswebsite. An amendment to Rule 9 (d)(i) wasagreed at the 2007 ADC which allows for thereceipt of motions by electronic means. Assignature of a candidate for an officership,executive or standing orders position is still

required nomination for these positions are stillrequired by hard copy.

MOTION 30 – RemittedThat this ADC instructs the incoming ExecutiveCommittee to examine and to report within threemonths on, the need for express conflict of interestprocedures to be set out in the Rules of theAssociation.

Action TakenThe Executive Committee considered thismotion but found that, because of therepresentative nature of the Association, it wasnot possible to devise a workable provision,without being over elaborate, with theconsequent possibility of allowing loopholes.

RETIRING GENERAL SECRETARY

MOTION 31That this ADC expresses its appreciation to SeánÓ Ríordáin for the professionalism, commitment,and dedication he has displayed in representingthe interests of the members of the Associationover the past twenty years. During his time asGeneral Secretary, and in his civil service careerbefore taking up that post, he has displayed thehighest standards of public service and we wishhim a well earned, long and happy retirement.

Action TakenThe sentiments of the motion have beenexpressed to the former General SecretarySean O Riordain who was in attendance at theADC.

SUBSCRIPTION RATE

MOTION 32That this ADC determines that the membershipsubscription rate be reduced from 0.6% of salaryto 0.5% of salary with effect from 1 January 2008.

Action TakenThe reduction in membership subscriptionstook effect from January 2008.

MOTION 33This conference notes the large amounts ofsurplus income over expenditure that have beenaccumulated in recent years, €345,762 in 2005,€350,338 in 2004 and €382,266 in 2003 and callson the Executive to

(a) Utilise a significant percentage of this surplus,and any subsequent annual surplus, towardsreducing the mortgage on the Fleming’s Placeproperty and


(b) Set funds aside for any unanticipatedexpenses arising from decentralisation

(c) If on the completion of the decentralisationprogramme, there is still a significant annualsurplus reduce the rate of the annualsubscription.

Action TakenThe mortgage has been repaid in full sinceAugust 2007 and the membership subscriptionwas reduced to 0.5% of salary from January2008. The Executive Committee continues tokeep the Association’s finances under review.

LEAVE

MOTION 34Given the complicated nature and arbitrary effectsof the procedures for carrying forward unusedleave over a three year cycle, this ADC instructsthe incoming Executive to submit a claim to add tothe existing arrangements a general provision topermit the carrying forward, without conditions orrestrictions, of up to five days’ annual leave at theend of any leave year.

Action TakenA claim in this regard has been lodged at theGeneral Council Staff Panel and is underdiscussion at a sub committee of Council.

MOTION 35That this ADC calls on the Executive to negotiate ascheme of unpaid special leave whereby staff cantake a half day unpaid leave for each year ofservice, subject to a maximum of 15 days per year.

Action TakenA Claim has been lodged at General CouncilStaff Panel and has been rejected. TheDepartment of Finance response was asfollows:

DPS Circular Letter 2/76: Special Leave alreadyallows unpaid leave for a wide variety ofpurposes – urgent domestic circumstances, attime of marriage, study purposes, languagecourses abroad, charitable/community work,miscellaneous purposes for up to two months,i.e. “the purpose for which the leave is soughtmust be reasonable in itself and notincompatible with the applicant’s officialposition” (2/76, para. 37.1).

The maternity leave provisions allow 16 weeksunpaid additional maternity leave.

The civil service work-life balancearrangements provide several possibilities for

staff who may need to take some unpaid leave– worksharing, term time, career break.

The statutory provisions of Parental Leave,Force Majeure Leave and Carer’s Leave arealso widely availed of in the civil service.

In view of the wide range of special leaveprovisions in the civil service, it is not proposed toextend the scheme of special leave without pay.

STAFFING

MOTION 37That this Annual Delegate Conference instructs theincoming Executive Committee to commencenegotiations with the Official side on theintroduction of an arrangement whereby staff onMaternity Leave are replaced for the duration ofsaid leave on the same basis as applies in the caseof staff availing of the arrangements for leaveunder Term Time mindful of the fact that underrevised arrangements Maternity Leave can be of aduration of up to 48 weeks.

Action TakenArrangements in this regard are already inplace. Personnel Officers were advised inwriting by the Department of Finance that“Vacancies arising from serving staff availing ofMaternity leave and Adoptive leave (includingadditional Maternity leave and Adoptive leave)may be filled by the granting of higher dutyallowances in the case of staff above clericallevel or the basic recruitment level in Technicalor Professional grades and by the recruitmentof temporary staff at Clerical level or the basicrecruitment level in Technical and Professionalgrades. Whether higher duty allowances arerequired the criteria for selection of staff foracting-up assignments are a matter to bedetermined by individual Departments.”

TAXATION

MOTION 38This conference notes with concern the continueduse of avoidance schemes to minimise taxliabilities and calls on management to ensure thatthe appropriate numbers of skilled staff areavailable to confront these schemes withappropriate legislation backing them.

Action TakenThe Executive Committee have noted thesentiments and continue to keep the matterunder review.


MOTION 39This conference notes with concern the increasingtax evasion in the Shadow Economy and calls onmanagement to ensure that the office isadequately staffed with the appropriate skilledstaff backed by appropriate legislation to confrontthis issue.

Action TakenThe Executive Committee have noted thesentiments and continue to keep the matterunder review.

1.5. TRUSTEES AND AUDITORThe Association’s Trustees are Ms Margaret Kelly,Mr Brian Murnane and Mr Peter Greene.

Power & Associates Accountants were appointedas the Association’s Auditors.

1.6. HONORARY PRESIDENT AND HONORARY VICE PRESIDENTS

Donal O’Mahony continued as Honorary Presidentof the Association.

Seán Ó Riordáin, on his retirement as AHCPSGeneral Secretary was appointed an HonoraryVice President.

The other Honorary Vice Presidents continue to beas set out in the list of Honorary Officers of theAssociation.

1.7 CONSULTATIVE COUNCILThe Consultative Council met in Head Office inDublin on two occasions in November 2007 andMarch 2008. The principal issues discussed atthese meetings were pay, modernisation andchange, decentralisation, benchmarking, andarrangements for the Principal OfficerInterdepartmental Promotion Scheme, Format ofADC, industrial relations developments in the stateagencies were also discussed.

1.8 MEMBERSHIPThe Association, at 31 December 2007,represented 3,372 members at Principal, AssistantPrincipal and equivalent levels in the Civil Serviceand in a number of state enterprises. 199 newapplications were received during the year. Thegender breakdown of membership is 933 female(30%) and 2439 male (70%).

1.9 MEMBERSHIP SERVICESLEGAL DISCLAIMER

The Executive Committee and the Associationaccept no legal responsibility for the servicesprovided to members under the variousschemes and arrangements in operation.

1.9.1 Income Continuance Plan –Covering Long-Term Disability

The Plan, which is operated on behalf of theAssociation by Eagle Star Assurance Company,provides a guaranteed source of income in theevent of : (a) total disability or (b) partial disabilityfollowing total disability as defined in the Plan andExplanatory Booklet available to members. Thereare currently 1,995 members in the Plan.

The contribution rate of 0.9% of salary is nowguaranteed up to the 30th March 2009.

With effect from the 5th April 2001, full Tax/PRSIrelief applies on the premiums paid under the “netpay procedure” which means members will nothave to claim Tax Relief back from the RevenueCommissioners.

1.9.2 Group Life Assurance Scheme The Group Life Assurance Scheme, whichprovides supplementary Death in Service cover oftwice salary, is underwritten by Irish Life Assuranceplc. at a contribution rate of 0.6% of salary.

The Scheme is under the umbrella of the existingAHCPS Additional Voluntary Contribution Plan andthe deduction qualifies for full Income Tax/PRSIRelief. The tax relief under this Scheme is allowedunder the Net Pay Procedure as a supplementarySuperannuation Deduction, which means thatmembers do not have to submit Tax Certificates orclaim tax relief from the Revenue Commissioners.There are 965 members currently in the scheme.

1.9.3 Additional Voluntary Contributions Under the Finance Acts it is possible for a personin an occupational pension scheme to makeadditional voluntary contributions to enhance theirpensions. The AVC Scheme is fully allowable forIncome Tax and PRSI relief.

Please note there is a charge on every contributionand a ongoing management fee on the fund. If youare availing of an AVC please check with theBroker regarding the cost of the AVC before youagree.

1.9.4 Association BrokersThe brokers for the three above named schemesare Gregan McGuinness (Life & Pensions) Ltd.,Cornmarket, Christchurch Square, Dublin 8Telephone 01 4084000.

1.9.5 AHCPS Gold VISA CardThe Association has an agreement with MBNAEurope Bank Ltd for the issue by them of anAHCPS Visa Gold Card. The card carries the


AHCPS Logo and promotes the Associationwhenever and wherever members use it. TheAssociation has agreed that the normalcontribution which MBNA would make to theAssociation for attracting members, would insteadbe taken into account for the benefit of membersin determining the rates and services provided.

1.9.6 Car /House Insurance Car and House Insurance schemes are availableto members from the following brokers:

� AA Ireland Tel: 01 6179253 or Email [email protected]

� Glennons Insurance: Tel: 01 7075959 or Email [email protected]

� Prestige Underwriters Group Motor/HomeInsurance through Santam Europe Ltd. Tel: 1890 808666 (049 4371505)

1.9.7 Travel Insurance Annual Family Multi Trip Travel Insurance includingEuropean Motor Breakdown Assistance andWinter Sports Cover is available to members fromPrestige Underwriters Services (Ireland) Ltd. 8Ashe Street, Cavan. Tel 1890 808666 at a familyrate of €69 at 1st April 2008 renewal. The policy isdesigned to cover the immediate family of theMain Insured Person including children up to theage of 22 in full time education and residing withthe main insured person.

1.9.8 Group Mortgage Insurance Scheme Group Mortgage Protection Scheme is providedby Lyons Financial Services, Office 1, DunboyneBusiness Park, Dunboyne, Co Meath Tel. 01 8015808 www.lyonsfinancial.ie

1.9.9 Mortgage Scheme Exclusive mortgage packages are available toAHCPS members from Omega FinancialManagement,110 Rock Road Booterstown,Blackrock, Co Dublin (Tel 01 2884272)

1.9.10 Investment Advice and PortfolioManagement ServiceIndependent financial advice is provided tomembers from the following brokers:

Gregan McGuinness (Life & Pensions) Ltd.,member of the Cornmarket Group, ChristchurchSquare, Dublin 8 (Te: 01 4084000).

Omega Financial Management,110 Rock Road Booterstown, Blackrock, Co Dublin (Tel: 01 2884272).

1.9.12 Legal Advice ServiceThe Association’s solicitor, Mr Edward McGarr,continues to provide a general legal service tomembers. Mr McGarr may be contacted at McGarrSolicitors, 12 City Gate, Lower Bridge Street,Dublin 8 Tel 6351580.

1.10 RULES AND CONSTITUTIONA copy of the Rules and Constitution is attachedas Appendix B.

1.11 AHCPS WEBSITEThe website is being redeveloped to improvecommunications with branches and members.Information on AHCPS matters may be accessedon the Association’s website at www.ahcps.ie.

1.12 STAFFThe staff of the Association are:

General Secretary Dave Thomas

Deputy General Secretary John Kelleher

Assistant General Secretary Vacant

Executive Assistant Jacqueline Lacey

Receptionist Dorothy Aughey

Revenue Branch Administrator Pat Feeney

Mr Seán Ó Riordáin General Secretary retired inJune 2007 and was replaced by Mr Dave Thomas.

The post of Deputy General Secretary was publiclyadvertised and was the subject of a competencybased selection process in which John Kelleher,Assistant General Secretary, was successful. TheAssociation following a competency basedcompetition appointed Ciaran Rohan as AssistantGeneral Secretary and he will take up duty on 12 May 2008.

Tom Quigley Honorary Vice-President, assisted atthe ADC and with the writing of the ADC minutes.Joe Brennan also assisted at the ADC. Theircontribution is greatly appreciated.

The Executive Committee also wish to expresstheir appreciation for the work and commitment ofthe staff.


2.1 OECD REVIEWA major review of the Irish Public Service has beencarried out by the OECD over the past 18 months.The review has two main objectives:

(i) To benchmark the Public Service in Irelandagainst other comparable countries, includingidentification of appropriate measures tocompare the productivity and effectiveness ofthe Irish system, or discrete elements of it,against comparable international bestpractice, and

(ii) To make recommendations as to futuredirections for Public Service reform which willsupport the Irish Government’s drive fordelivery of world class services to the citizen,within existing resources commitment, andcontribute to sustainable national competitiveadvantage.

The review looked at a range of issues across thepublic sector, including

� the institutional and legal framework includingthe political/administrative interface;

� corporate governance systems,

� resource allocation and performance measures

� financial management and HRM systems

� Use and impact of ICT

� goal and target setting

� delegation and devolution of responsibility

The focus of the review is on the connectivitybetween the different sectors, including betweenthe central level and the wider sectoral areas.

The Association made two Submissions and theyare reproduced at Appendix E.

2.2 ORGANISATIONAL REVIEWPROGRAMME

The Government approved proposals for a newOrganisational Review Programme (ORP) forDepartments and Offices during 2007. TheProgramme gives effect to one of the fourinitiatives announced by the Taoiseach as part of apackage of inter-linked public servicemodernisation measures. The ORP, which hasbeen developed in consultation with the

Implementation Group of Secretaries General, isintended to complement the major system-widereview, which is currently underway through theOECD in Paris.

Review TeamThe reviews are being conducted in batches ofthree under the guidance of an OrganisationalReview Committee, chaired by the SecretaryGeneral to the Government, which will report to theTaoiseach. The Review Team, drawing onexpertise from across Departments and Offices,was established to assist with development of thereview template and its application to the initialthree volunteer Departments/Offices.

The reviews are being conducted in batches ofthree and the first three departments under revieware:

1. Agriculture, Fisheries and Food,

2. Enterprise, Trade and Employment

3. Transport.

The report on the outcome of the reviews is due tobe published in May, 2008. The reviews are beingcarried out by a team of 4 Principal Officersseconded from their parent departments to theDepartment of the Taoiseach, and supported bythree staff from that department.

2.3 DECENTRALISATIONThe implementation of the Government’sdecentralisation programme, announced in theDecember 2003 Budget Statement, under which10,300 public service jobs would be transferred to53 locations in 25 counties, continues to be ofmajor concern to the Executive Committee and toAssociation members in the civil service and in thestate bodies affected.

The Association’s overall position in relation todecentralisation is very well known and has beenpublicly articulated at Special and Annual DelegateConferences. It is summarised in the Report by theExecutive Committee to the Special DelegateConference held on 1st March 2004 Public ServiceRelocation Programme: An Opportunity Missedand a Challenge to meet, in the statement issuedby the Executive Committee in June 2005, in


Part IICIVIL SERVICE


public interviews and addresses by the GeneralSecretary and, repeatedly, in articles in theAssociation’s Newsletter.

At the Association’s Annual Delegate Conference2006 delegates sought an update of the 2004Report in the light of the more recentdevelopments. The Association completed thisupdate following an intensive consultation processwith the branches and members and with theassistance of Mr Brian Barry, Burnham HouseManagement Consultants. This report “PublicService Decentralisation The need for animmediate review” was published by theAssociation in May 2007. This report is availablefrom Head Office and is also on the AHCPSwebsite. This report came to the strong view thatthe Decentralisation programme must beimmediately and radically reviewed, its manyunworkable elements eliminated and the pace andtimescale of the decentralisation slowed down.The Association circulated a copy of the Report toall members of the Government, TD’s, Senators,and the media.

The essence of Association policy is that, while theAssociation positively welcomes voluntarydecentralisation with locations chosen on arational and reasonable basis, there continue to beserious ongoing concerns with the currentdecentralisation programme both from humanresources/industrial relations and from qualitypublic service perspectives. The Association hasrepeatedly called for a review of the scope andtime scale for decentralisation, under which agreater element of policy coordination anddevelopmental work would, in the public interest,be retained in Dublin and under which there wouldbe a broad balance between the numbers of staffseeking to decentralise and those wishing toremain in Dublin.

The general arrangements in relation todecentralisation are negotiated at a SubCommittee of the General Council in the CivilService and reports on these meetings andbilateral discussions with the Official Side arecirculated to members and are available on theAssociation’s website at www.ahcps.ie. Theprincipal issues involved are also regularlydiscussed with branch representatives at meetingsof the Association’s Consultative Council.

The Decentralisation Implementation Group [DIG]submitted a progress report to the Minister forFinance in October 2007 and a copy of this reportis reproduced as Appendix F.

It is clear, on the basis of this data, that there arestill major problems with substantial surpluses ofstaff in Dublin at PO, AP and HEO levels.

There are ongoing issues in relation to promotionpolicy, filling of shortfalls in decentralised locationsand the transfer of staff under the Dublinarrangements which are the subject of discussionsboth at the General Council Sub Committee onDecentralisation and bilaterally with the OfficialSide.

The Interdepartmental PO Scheme is being usedfor the purposes of filling vacancies arising indecentralised locations and all appointments willcarry a decentralisation tag. This was clearly setout in the Circular 11/2007 and the sequence forfilling vacancies which are due to this panel andthe open panel was set out in the circular. It is clearfrom the sequence that no posts in Dublin will befilled from either the interdepartmental or opencompetition. Dublin vacancies due to the panel willbe filled by the transfer of surplus Dublin basedstaff and the resulting decentralised vacancies willbe filled from the panel. New promotionarrangements are being discussed with theDepartment of Finance. However, theDepartment’s position is that decentralisation tagswill be attached to the posts due to the nextinterdepartmental competition.

New arrangements were agreed at GeneralCouncil Sub Committee in relation to the transferof staff under the Dublin arrangements. EachDepartment has indicated to the Department ofFinance the number of surplus staff it wouldexpect to have in 2007/8 and the number of staff itwould be prepared to release to the Dublinarrangements. When this number has beensatisfied no vacancy due to the Dublinarrangements will be circulated in that Departmentfor the rest of the year. The number of Plannedreleases to Dublin arrangements for 2007, 2008and 2009 are follows:

Planned Planned PlannedReleases Releases Releases

2007 2008 2009

Principal Officers 23 25 37

Assistant Principals 52.5 38 63

2.4 TOWARDS 2016 Towards 2016 was approved by the AHCPSmembers in ballot [84% in favour and 16%against] in August 2006 and was ratified at aSpecial Delegate Conference of ICTU [242 votes infavour and 84 votes against] on 5th September2006.

Public Service Pay The Public Service Pay Agreement came into forceon expiry of the Pay Agreement under Part II ofSustaining Progress and will last for twenty sevenmonths, i.e. from 1 July 2006 to 30 September2008.

Pay increases are as follows:

� 3% from 1 December 2006;

� 2% from 1 June 2007; except for thoseearning up to and including €400 per week[€20,859 per annum] when a 2.5% willapply;

� 2.5% from 1 March 2008;

� 2.5% from 1 September 2008.

The first three phases of the Agreement had beenpaid following verification of delivery on thechange and modernisation agenda.

ICTU have asked unions to contribute to thereview process, which is an important opportunityto critique developments, highlight concerns andset out what needs to be done during the nextphase of the Agreement.

Competitive Merit – Based PromotionSection 29.4 of TOWARDS 2016 provides forspecific measures in relation to competitive meritbased promotions as follows:

(a) a minimum 75% of all internal promotionpromotional posts in each grade will be filledthrough competitive merit based processes byend of 2006; if 75% figure or higher has beenachieved this will be discussed locally inaccordance with existing arrangements.

This provision is not perceived as a problem atPrincipal level where competitive basedpromotion (which can include a consistorytype approach) to Principal level is increasinglythe norm.

(b) a joint working group was established toexamine the possibility of cross-streampromotion. The Group will examine alldepartmental and professional grades andtechnical grades to:

(i) establish the experience, skills andcompetencies required for the performance ofthe functions of these grades,

(ii) identify specific posts in professional gradesand technical grades, and general servicewhere vacancies can be filled on the basis ofreciprocity from the common panels of staffat the appropriate levels, and

(iii) Where such posts are identified, consider thepromotion mechanisms which should apply.

Discussions with the Official Side are ongoing.

Members will be aware in this regard thatarrangements for reciprocal cross streampromotion were previously agreed in SustainingProgress and in earlier Social PartnershipAgreements.

PCW 1% and Revenue Integration Agreements The Official Side have separately confirmed to theAHCPS in the negotiations that the continuedoperation of the PCW [1%] and the RevenueIntegration Agreements are not altered by theprovisions at Section 29.3 (b) [Open recruitment]and 29.4 (a) [Competitive Merit – Based Promotion]of the new Agreement and these sections will notapply in respect of personal upgrades underthose Agreements.

Staff Deployment Section 29.5 provides that Departments andOffices can deploy both staff and posts, not justwithin the same location, but also within an agreeddefined areas or defined distances asorganisational needs require. There is also aprovision for parties agreeing to enteringdiscussions to draft arrangements to facilitatelateral mobility between the civil service and othersectors of the public service. No detaileddiscussions have taken place to date.

Performance Verification ProcessSection 33 sets out the performance verificationprocesses proposed for each sector. Payment ofincreases is dependent, in the case of each sector,organisation and grade, on verification ofcooperation with flexibility and ongoing change,including co-operation with satisfactoryimplementation of the agenda for modernisationset out in the Agreement, maintenance of stableindustrial relations and absence of industrial actionin respect of any matter covered by theAgreement. The Public Service Monitoring Groupand the Public Service Sub Committee of theNational Implementation Body will overseeimplementation of the verification arrangements.

2.5 BENCHMARKING The Public Service Benchmarking Body carriedout its second benchmarking review of the pay ofpublic service employees and reported its findingson the 10th January 2008.

The Terms of Reference of the Public ServiceBenchmarking Body were as follows:


IntroductionIn the second Public Service Pay Agreementunder Sustaining Progress the parties agreedthat the Benchmarking Body would carry outa benchmarking review to report in thesecond half of 2007. The parties have agreedthe following terms of reference for theBenchmarking Body.

Timing and scope of the examinationThe Public Service Benchmarking Body isasked to examine the pay and jobs ofspecified grades and to produce a Reportcontaining recommendations on the pay ratesfor these grades in the second half of 2007.

As in the previous benchmarking exercise thattook place between 2000 and 2002, theexercise should be a coherent and broadlybased comparison with jobs and pay ratesacross the economy.

As in the previous exercise the Body willexamine the roles, duties and responsibilitiesof jobs in the public service and in the rest ofthe economy and not just the pay ratesapplicable to jobs with similar titles, andsuperficially similar roles, in the private sector.

Establishment of BodyOn the 13th January 2006 the Minister for Financeannounced the appointment of the followingmembers to the present Body:

CHAIRPERSONMr Dan O’Keeffe SC BCL LL.B. A.C.A.

MEMBERSMr Billy Attley, former General Secretary of SIPTU.

Ms Olive Braiden, Arts Council, former Chair ofJustice sector Performance Verification Group.

Mr John Malone, former Secretary General ofthe Department of Agriculture and Food.

Mr Tom McKevitt, former Deputy GeneralSecretary of the Public Service Executive Union.

Mr Willie Slattery, Managing Director, StateStreet International (Ireland) Ltd.

Professor Brendan Walsh, Emeritus Professor of Economics, UCD.The AHCPS made written and oral presentationsto the Benchmarking Body on behalf of thePrincipal Officer, Assistant Principal Officer andPrison Governor grades.

The first Benchmarking Body in its report statedthat it had taken into account the value of thepublic service pensions but it did not state whatvalue it put on it. This Benchmarking Body hired

consultants who put a value on public servicepensions following detailed consideration of thematter and discussions with internal adviser. TheBody decided “that it would be reasonable and asa general approach to assess the higher cost ofpublic service pensions as being 12% of salary ofthe grades covered by the benchmarking process”.The reasoning behind this is set out in Chapter 7 ofthe Benchmarking Body’s Report.

Chapter 10 deals with the grades in the civilservice. The Benchmarking Body recommendedan increase of 1.1% for the grade of PrincipalOfficer and all grades listed in List B that are linkedto the Principal Officers grade including thePrincipal Higher grade. It recommended noincrease for any other civil service grade.

The Report is available on the Department ofFinance website www.finance.gov.ie.

2.6 SCHEME OF INTERDEPARTMENTALPROMOTION TO PRINCIPAL LEVEL POSTS

(a) 2005/2007The Association was, at the request of memberson the 2005/07 Panel in contact on a number ofoccasions with the Department of Finance inrelation to suggestions raised that all the liabilitiesdue under the scheme had not been dischargedacross Departments. Assurances were repeatedlybeen given by the Department that the schemewas properly operated.

The number placed on the Panel was 68 fromwhich 34 appointments were made and up tonumber 68 were offered appointments.

Open RecruitmentSection 29.3 of Towards 2016 provides for OpenRecruitment at grades above Executive Officerlevel where there is already 50% open recruitment.It is acknowledged that recruitment at a higherlevel will have a cascading impact on promotionsat a lower level and, in order to achieve uniformityof effect in open recruitment as between differentlevels, it is agreed that the civil service may recruitby open competition in any year:

� 2 in 9 of all vacancies at Principal Officer[standard and higher scales] and equivalentgrades, including professional and technicalgrades;

� 1 in 5 of all vacancies at Assistant PrincipalOfficer [standard and higher scales] andequivalent grades, including professional andtechnical grades, and


� 1 in 6 of all vacancies at Higher ExecutiveOfficer and equivalent grades includingequivalent professional and technical grades.

The arrangements to give effect to this are in placei.e. mainly through generic competitions (to berun by the Public Appointments Service) forappointment to the general service posts. It is alsoenvisaged that some recruitment may be used tomeet specialised requirements in general serviceposts and these will be part of the quotaspreviously referred to. Where there is specialisedskill recruitment, there will be discussions betweenthe parties to give effect to this arrangement.

Where vacancies are filled by open competitionunder the agreement, an offset arrangement willoperate, i.e. Departments and offices will reducetheir liabilities to interdepartmental panels for therelevant grades by the same number.

Principal Officer CompetitionsThe Interdepartmental / Open Recruitment POCompetition run by PAS in 2007

� 1362 people applied on line for bothcompetitions

� 971 attended the first stage which wascommon to both competitions

� 573 civil servants and 392 non civil servants(6 did not indicate whether they were civilservants or not)

Interdepartmental PO Panel � 81 were placed on the Panel.

Open Recruitment PO Panel � 56 were interviewed for Open Panel

(20 non civil servants, 36 civil servants)

� 37 were placed on Open Panel(12 non civil servants, 25 civil servants)

The open recruitment panel was finalised inOctober 2007.

TLAC CompetitionsTLAC through PAS filled the following poststhrough open competition

2006 1 Second Secretary post.

2007 1 Deputy Secretary post.12 Assistant Secretary posts.

2008 3 Assistant Secretary posts(to March 2008).

Two of the above posts were filled by people fromthe private sector and 1 from the wider publicservice.

2.7 SUPERANNUATION The Commission on Public Service Pensions wasestablished in 1996 and issued its Final Report on31 January 2001.

The Programme for Prosperity and Fairnessprovided for the establishment of a Working Groupon the implementation of the Commission’sReport. The Working Group was established in2001 and is representative of public serviceunions, relevant Government departments andother appropriate parties.

Dave Thomas, General Secretary, is the AHCPSrepresentative on this Working Group.

2.8 GREEN PAPER ON PENSIONSThe Government published its long-awaited GreenPaper on pensions on 17th October 2007. Thispaper looks at the background to the Green Paper,describes the contents and highlights some issuesthat may be of particular interest to unions.Chapter 13 deals with Public Service Pensionsand in its summary states:-

“This Chapter details the defining features of publicservice pensions and the significant reforms thathave been implemented in this area in recent years.It shows that pension coverage is close to 100%across the public service and that most publicservice pension schemes are contributory, pay asyou go, defined benefit schemes.

It gives details on the programme of reform whichwas based largely on the recommendations of theCommission on Public Service Pensions. The keycost containment aspect in this programme wasthe raising in 2004 of the minimum pension age fornew entrants to the public service from 60 to 65.The mandatory retirement age of 65 years wasabolished for most new entrants at this time also.

The Chapter also considers the cost of publicservice pensions, which are set to rise significantlyin the medium-term (mainly because of increasesin the number of public servants and improved lifeexpectancy), notwithstanding implementation ofthe reform programme.

The Chapter outlines a number of further reformoptions which the Government intends to researchand consider in respect of future appointees to thepublic service to address demographic and otherdevelopments since the Commission reported in2000. These include:

� raising the minimum public service pensionage

� increasing the rate of pension contributions


� modifying the ‘pay parity’ basis for post-retirement increases in pensions

� removal of fast accrual terms

� abolition of certain notional added yearsarrangements

� options for accounting for pension costs

� a slower accrual rate in respect of retirementpension and lump sum

� moving to calculation of pensions on the basisof ‘career average’ earnings.

At present, the Public Service Benchmarking Bodyand the Review Body on Higher Remuneration inthe Public Sector are carrying out reviews of theappropriate levels of remuneration of thecategories of public service grades coming withintheir respective remits. The terms of reference ofthe Benchmarking Body state that:

“the Body should have regard to the differencesbetween the public service and the private sectorand between the various public service groupswithin its remit in working conditions, theorganization of work, perquisites, and conditions ofemployment and other relevant benefits, includingsecurity of tenure and superannuation benefits”.

The Higher Review Body discounted its awards by15% and the Benchmarking Body discounted itsawards by 12% to take account of the superiorvalue of public sector pensions.

2.9 GENERAL COUNCIL The General Council Staff Panel is comprised ofrepresentatives of the various civil service unionsand constitutes the Staff Side operation of the civilservice General Council at which matters relatingto pay and terms of conditions of employment arediscussed with the Official Side in accordance withthe terms of the Conciliation and Arbitrationmachinery for the civil service.

During the period there were 11 meetings of theGeneral Staff Panel together with numerousmeetings of Sub Committees of General Council.There were 12 Agreed Reports of the GeneralCouncil in 2007.

AHCPS Deputy General Secretary John Kelleherand John O’Flanagan of IMPACT, were electedChairperson and Vice Chairperson, respectively, atthe Annual General Meeting of the General CouncilCivil Service Staff Panel in January 2008. JoanByrne [CPSU] continues as Secretary to the Panel.

The Annual Report of the Secretary of the GeneralCouncil Civil Service Staff Panel for 2007 is

attached as Appendix G. It includes details on theprincipal industrial relation issues impacting acrossthe civil service during the past year.

2.10 WORK LIFE BALANCE CIVIL SERVICEEQUALITY INITIATIVES REPORT

A report on Civil Service Equality Initiatives wasissued by the Department of Finance during theyear. The Report reviews the implementation bythe civil service of the Government’s equalitypolicies. It provides a snap shot of how the civilservice is implementing equality of opportunity inits everyday work. In particular it examines theprogress made in achieving the targets under theG.E.P. for gender balance in the Assistant Principalgrade. It also provides information on a variety ofinitiatives undertaken by departments/offices tosupport equality and diversity. The Report alsomakes a number of proposals for achievingGender Equality in the Civil Service.

The Report makes a number of recommendationsamong which are:

Gender Equality

� set new targets for the representation ofwomen at Principal Officer and their equivalentgrade, relevant to current levels ofrepresentation within Departments and Offices,subject to a minimum target of 27%,

� endorse a shift in focus to the setting ofindividual targets in relation to the AP grade,relevant to existing level of representation ofwomen in each Department or Office, and

� agree that measures being taken for theachievement of gender balance should be setout in all Strategy Statements.

� Departments and Offices should consider thesetting of targets aimed at improving theparticipation of women and persons with adisability in competitions and removingobstacles to such participation, and

� agree that measures being taken for theachievement of gender balance as well astargets should be set out in all StrategyStatements.

� HR policies should be age-proofed, andPersonnel sections should consider the HRissues surrounding older workers, both inrelation to current staff and with a view tofuture recruitment of persons aged over 65.Particular care should be taken to ensuresufficient access to training and developmentopportunities for older staff, and


� Departments and Offices should monitorpromotion patterns in order to identify anypossible discrimination in promotion policies.All staff involved in the recruitment of staffshould be suitably trained. Departments andOffices should inform themselves in relation topotential areas of discrimination identified bythe Equality Tribunal and the Labour Court in

recent years.

� Departments and Offices continue to developthe implementation of policy in this area and,in particular to support and enhance the roleof the Disability Liaison Officers (DIOs) withintheir organisations, and

� Departments and Offices must also ensure thatmanagers and supervisors are aware of theirobligations under the legislation.

� Departments and Offices should providetraining and information to managers andsupervisors to ensure that they are aware oftheir obligations under Employment Equalitylegislation and Civil Service Equality Policies.

� Managers should be made aware of thesupport services which are available to themand inform their staff about them. Theseinclude Employee Assistance Officers, DLOs.Departmental Quality Customer ServiceOfficers. Health & Safety Officers, contactofficers for bullying and harassment cases andEquality Officers.

� PMDS provides a structured approach toidentifying and managing staff training anddevelopment needs. Departments and Officesshould ensure that PMDS is working effectivelyin their particular organisation and encouragestaff to seek training in relation to Equalityissues.

� Departments and Offices should ensure that allstaff involved in the recruitment and promotionprocesses have an understanding ofemployment law and equality of opportunityconsiderations.

� Departments and Offices, should adopt anorganised and systematic approach to staffplacement and should keep the application ofthe policy under review,

� Officers returning to work from career breaks,protective leave or other special leave, couldbe given the opportunity to express their viewson suitable assignments. In this regardDepartments and Offices could use return-to-work interviews, pre-placement questionnaires,or other approaches for gathering information,and

� Departments and Offices should be aware ofemployment equality cases involving claims ofdiscrimination against civil servants ongrounds of disability considered by theEquality Tribunal and the Labour Court inrecent vears.

� Departments and Offices should continue toadopt a strategic approach to the granting ofapplications for flexible working. A reviewshould be undertaken in each organisation toascertain which areas of the organisation aresuitable for flexible working and if anyobstacles are identified management shouldwhere possible adopt innovative solutions toovercome these problems.

� Departments and Offices should review theirapproach in relation to the gathering ofinformation on equality issues on a regularbasis as good information is essential foreffective monitoring and policy making, and

� In line with the recommendation of the WorkLife Balance Review provided by the EqualityUnit in the Department of Finance a Networkof representatives from Personnel Units inDepartments and Offices shall be establishedso as to address policy issues relating to theoperation of Family Friendly and Work Lifebalance schemes in the Civil Service.

� Departments and Offices should givefavourable consideration to providing positionsto successful candidates in any futureprogrammes/projects similar to the TravellerInternship Programme.

Maternity Leave The period of maternity leave has been increasedto 26 weeks with effect from 1 March 2007. Theperiod of additional unpaid maternity leave hasincreased to 16 weeks with effect from 1 March2007.

Following agreement at the Equality SubCommittee of General Council it has been agreedwith effect from 1st January 2008 that additionalmaternity leave will be counted as service forpromotion and increment purposes.

Adoptive LeaveThe period of paid adoptive leave has beenincreased to 24 weeks with effect from 1 March2007. The period of unpaid leave has also beenincreased to 16 weeks with effect from the 1 March 2007.



Term Time It was agreed at the Work Life Balance Networkthat all departments/offices would have the sameclosing date for applications for Term Time. Thedate agreed is the 2nd November each year.

Discussions are ongoing with the Official Side inrelation to recent recruitment legislation andreduction of the probationary period to one year asthis has implications for new entrants who wish toapply for term time.

Bereavement LeaveFollowing a claim at General Council from the StaffSide, the Department of Finance has agreed tochange the definition of immediate relative asoutlined in circular 22/98 Annex 1 in relation tobereavement leave to also include a grandchild,step-brother, step-sister half-brother, half-sister,sister-in-law and brother-in-law. In addition oneday’s special leave with pay may be granted in theevent of the death of an aunt, uncle, nephew orniece.

A circular letter giving effect to these changes hasbeen issued by the Department of Finance toPersonnel Officers.

Adoptive Leave for Foreign Adoptions – Special Leave Following discussions at the Equality SubCommittee of General Council it has been agreedthat a letter will issue from the Department ofFinance to Personnel officers in relation to specialunpaid leave for men who require additional timeoff in relation to foreign adoption.

The letter will highlight that a provision in circular2/76 can be availed off for allowing a member ofstaff up to two months unpaid leave to manageissues in the pre adoption stage of foreignadoptions where a parent may have a requirementto visit the country.

Crèches There are six crèches in operation under the civilservice child care initiative. Mount Street andMarlboro Street in Dublin, Backweston, Athlone,Sligo and Ennis. Building on a new crèche in Corkis expected to be completed during 2008 and isexpected to commence operation in September2008. The new Cork crèche is in the Mahon area.

Work life Balance Network Following the Work Life Balance Network Review anew Work Life Balance Network comprising ofPersonnel Officers was established to addresspolicy issues and in particular to address issuesthat were raised by Departments/Offices in thereview. Among the issues being reviewed are:

� Production of guidelines in relation todomestic and force majeure leave

� Options in relation to annualised workinghours

� Analysis of the impact on business delivery ofthe build up of flexi leave and of the taking ofterm time

� Limiting the expansion of term time

� Restricting staff to one or more of the mainnon statutory work life balance arrangementsor limiting the options available to peopleparticipating in work life balance schemes in atwelve month period.

� Guidelines on the appropriate management ofrefusal of applications

� Guidelines in relation to the most effectivebalance between worksharing and fulltimestaff in terms of business delivery and staffmorale

2.11 DISABILITYA new draft code for civil servants with disabilitieswas issued during the year and is currentlyawaiting Government approval.

The code covers a large number of areas rangingfrom

� the definition of disability

� who has responsibility within Departments,

� positive actions that can be taken

� monitoring, and review of staff with disabilities

� the role of the HR area in relation to dealingwith disability.

The code also deals with the recruitment andselection, the appointment and induction andprobation of people with disabilities, performancemanagement and career development andpotential issues around disabilities. The code alsodeals with the working environment and health andsafety issues.

The code under each section placesresponsibilities on specific officers and ensuresmechanisms for monitoring are in place. A numberof disability liaison officers have been appointmentin each department/office and are networking on aregular basis. A number of new disability liaisonofficers have been assigned in the past year andare currently being trained. In order to monitor thenumber of employees with disabilities a “count mein” survey took place during the year and it isexpected that the results will be available shortly.

2.12 HEALTH & SAFETY

Mobile Masts The Staff Side produced a draft report on MobileMasts in 2007. A number of amendments havebeen made to the draft. However, agreement hasnot yet been reached between the Official andStaff Sides on the Report. It is expected that bothsides will meet again and address the matter in2008.

2.13 REVENUE BRANCH The Revenue Branch Committee is very active andholds monthly meetings. Branch Officers also holdregular meetings with HRD to advance items viathe IR forum. An annual meeting is held with theBoard of the Revenue Commissioners. Thismeeting took place on 19th December 2007 andwas attended by Branch Committee officers andGeneral Secretary Dave Thomas. A PolicyDocument prepared by the Branch Committee toexamine how well the Integration/Reorganisation of Revenue has worked out interms of delivering on expectations of theorganisation and staff was presented to the Board.Difficulties were outlined and recommendationsput forward to the Board under the headings 1) Revenue Reorganisation, 2) SuccessionPlanning, and 3) Devolution of HR/IR, in relationto developing the organisation going forward.

The Branch is also represented an all the variousPartnership Groups.

The following matters were progressed andfinalised during the past year.

Audit Managers’ Claim: This long standing claimin respect of Audit Managers, formerly Inspector ofTaxes (Higher Grade), prior to Integration has beenresolved. Settlement was reached by way of aonce off payment which benefited 13 memberssome of whom are now retired.

Allowance Posts IPD: A settlement has also beenreached in respect of the cessation of allowancesfor PO and AP grades in the Prosecution Unit ofthe Investigation and Prosecution Division (IPD).The current holders of the allowance will retaintheir allowance while in the post. In addition thering-fenced pool of Higher Scales will be increasedover time by a total of 15 i.e. 5 PO’s and 10 AP’s.

PCW 1% Uplifts: Following a recent review,agreement was reached resulting in a total of 90uplifts to Higher Scale, 29 to PO1 and 61 to AP1.Appointments will be backdated to fill posts arisingfrom 01/01/04. These figures include an additional4 uplifts (1 PO and 3AP) which were negotiatedbased on undertakings given during theIntegration/Reorganisation negotiations.

Decentralisation and Retirements: Both areposing a major problem for the organisation due tothe resulting technical skills and corporateknowledge deficit. To date 28 of our grades (22 APand 6 PO’s) have left Revenue on decentralisationto other Departments. The question of training forthose coming into the organisation is currentlyunder review.


3.1 AN POST AND NATIONAL LOTTERY COMPANY

Performance Related Pay/PerformanceManagement SystemThe Company and the Association are continuingnegotiations in relation to the development of aperformance related pay and performancemanagement system for level III (AP) members inthe Company. At the time of writing theAssociation is in consultation with the widermembership in relation to the talks to date on theCompany’s proposals.

Change and Productivity Improved Agreement Following agreement at the LRC between theCompany and the CPSU for an increase of 2% inthe Change and Productivity Improved Agreementwith that union the Association has sought toengage with the Company in relation to a similarincrease to the Association’s Change andProductivity Improved Agreement. The Associationis considering referring the matter to the LRC.

TOWARDS 2016The second phase of TOWARDS 2016 Pay award,which is 2%, was paid on the due date 1st May2007. The third phase 2.5%, due on 1st February2008, has also been paid. The final payment of2.5% is due on 1st August 2008.

Labour Court Finding The Company ceased the payment of anallowance to unassigned shift managers in August2006. The Association’s view was that this was inbreach of the terms of the Change andProductivity Improvement Agreement.

Following long and protracted negotiationsbetween the Company and the Association thematter was referred to the Labour RelationsCommission and subsequently to the LabourCourt for determination. The Association is happyto report that the 10 Shift Managers weresuccessful in their case and have had their ShiftManager Allowances restored with retrospection.

Postal Liberalisation The Association continues to be involved in UnionNetwork (UNI) which is a body comprising tradeunions involved in the postal industry. UNI haslobbied extensively on the EU postal directive andhas had a level of success in having the date ofpostal liberalisation pushed back two years to 1stJanuary 2011. There are still a number of issuesthat remain unresolved. The EU Council ofMinisters have agreed that the Universal ServiceObligation (USO) needs to be maintained. Theyhave also agreed that the postal markets must beopen to competition. However, they have notagreed how the USO is to be financed. They havekicked this back to the National Governments fordecision in each member country. There is thepossibility however, that a national governmentmade decide to introduce postal liberalisation inadvance of 2011.

Partnership The High Level Partnership Committee comprisingthe Chief Executive Donal Connell, hismanagement team, the full time officials from thefour An Post unions and branch representativeshas been reactivated. The first meeting was held inOctober under the chairmanship of Peter Cassells,Chairman of the National Centre for Partnershipand Productivity. The Branch is represented on thePartnership Steering Committee by the DeputyGeneral Secretary John Kelleher and BranchSecretary Willie Prendergast

3.2 FÁS Decentralisation continues to be a major concernfor members in FAS. SIPTU members in FAS helda number of work stoppages and the issue wasreferred to the Labour Court. During 2007 theLabour Court after a number of hearings decidedthat the Decentralisation Tag should not be appliedas a condition to promotion in FAS and the Findingwas issued on 21 August last copy at Appendix H.The Association continues to meet regularly withFAS management to discuss issues of concern toour members including decentralisation.


Part IIISTATE ENTERPRISES

3.3 FOOD SAFETY AUTHORITY OF IRELAND

The Association met with the Chief Executiveearlier in the year to discuss the outcome of theLabour Court Recommendation LCR 18742 TheAssociation is happy to report that the Food SafetyAuthority accepts the Labour CourtRecommendation. Arrangements for theimplementation of the PCW 1% upgrades hasrecently been agreed between the Authority andthe local branch and is awaiting sign off from theDepartment of Health & Children.

3.4 IRISH AVIATION AUTHORITY (IAA):The Authority has recently informed all unions thatthey are proposing changing pensionarrangements for new employees joining from 1stFebruary 2008. The arrangements would providebenefits on a defined benefit basis in line with thecurrent Authority Pension Scheme with thefollowing exceptions:

1. The normal retirement age will be set at 65

2. Early retirement will be permitted on a costneutral basis

3. Increases in pensions will be in line withincreases in the Consumer Price Index,subject to maximum annual increase of 3%

4. Members will contribute at a rate of 3% ofsalary plus 3.5% of Net Salary, where NetSalary means Salary less an amount equal totwice the annual amount of Contributory OldAge Pension payable under the Social WelfareActs to a fully qualified unmarried person. Thiscontribution rule includes contributions to theSpouses & Children’s Scheme.

5. Members will not be eligible for professionalAdded Years.

The proposal is under discussion at the AuthoritiesJCC.

3.5 OTHER AGENCIES The Association continues to provide a negotiatingand representational service in respect of pay,terms and conditions of employment and relatedmatters in a number of state agencies including:

� Food Safety Promotion Board (Safefood)

� Ordnance Survey Ireland

� Health & Safety Authority

� Pensions Board

� Commission for Communications Regulation(ComReg)

� Commission for Energy Regulation (CER)

� Eircom

� Office of Tobacco Control

� National Roads Authority

� Marine Institute

� An Bord Pleanála

� Environmental Protection Agency

� National Centre for Partnership & Productivity

� Irish Water Safety

� Personal Injuries Assessment Board


4.1 IRISH CONGRESS OF TRADE UNIONSThe Association continued its membership of ICTUduring the year. The ICTU Biennial DelegateConference 2007 took place in Bundoran and wasattended by the Chairperson Ciaran Rohan,General Secretary, Dave Thomas, AssistantGeneral Secretary, John Kelleher and Tom Allen,Executive Committee member.

The Association made a contribution of €25,000 toCongress towards their initiative to promote unionmembership/recruitment?

4.1.1 PUBLIC SERVICES COMMITTEEThe Association participated in the work of thePublic Services Committee of Congress. TheCommittee is representative of public serviceunions in the civil service, local authorities, healthboards, teaching and those general and craftunions which have members in the public service.The Annual General Meeting of the Public ServicesCommittee took place in May 2007 and the AnnualReport of PSC is attached as Appendix I.

4.1.2 ICTU WOMEN’S COMMITTEEJohn Kelleher, Deputy General Secretary andEquality Officer represents the Association on theICTU Women’s Committee.

4.1.3 ICTU RETIRED WORKERS’ COMMITTEE

The Association is represented on the RetiredWorkers’ Committee of Congress by VicePresidents Tom Quigley and Con Ryan.

4.2 CIVIL SERVICE UNIONS The Association maintains close contact with theCPSU, PSEU, IMPACT, and the POA.

4.3 VETERINARY OFFICERS’ ASSOCIATION (VOA)

The AHCPS continues to provide negotiating andrepresentational facilities to the Veterinary Officers’Association.

The VOA represents 320 veterinary staff in theState Veterinary Service. The members of the VOAare also associate members of the Association.

4.4 ASSOCIATION OF ASSISTANTSECRETARIES & HIGHER GRADES(AASHG)

The Association maintains close contact withAASHG.

4.5 RETIRED CIVIL AND PUBLIC SERVANTS ASSOCIATION

The Association provides accommodation facilitiesto the Retired Civil and Public Servants’Association and facilitates them in every waypossible.

4.6 EUROPEAN FEDERATION OF PUBLIC SERVICE UNIONS (EPSU)

The Association has affiliated to EPSU from 1stJanuary 2006. The Federation, which was foundedin 1978, represents 8 million workers in 216 publicservice unions in all EU countries.

4.7 UNION OF FINANCE PERSONNELIN EUROPE (UFE)

The Association is affiliated to the UFE in respectof its Revenue membership.

The 30th UFE Customs Committee Meeting washeld in Brussels in September 2007 and theAssociation was represented by Mary Farrell andFrank O’Dwyer, Revenue Branch, and PatrickFeeney Revenue Branch Admin. Officer.

4.8 UNION NETWORK INTERNATIONAL[UNI]

The Association has affiliated to UNI in respect ofits An Post membership. The Assistant GeneralSecretary John Kelleher and Executive Committeemember Brian McGann attended a meeting of thegroup in Luxembourg in September 2007.

4.9 ASSOCIATION OF FIRST DIVISIONCIVIL SERVANTS (FDA)

The Association were unable to accept aninvitation to attend the 2007 FDA Annual DelegateConference as it coincided with the AHCPS ADC.The Association also maintained close contactwith the FDA (Northern Ireland) and the GeneralSecretary Dave Thomas attended their 2008Annual General Meeting.


Part IVAFFILIATIONS AND RELATIONS WITH

OTHER ORGANISATIONS

4.10 FDA PARLIAMENTARY GROUPThe FDA which represents members in theWestminster Parliament, the Scottish Parliament,the Welsh Assembly and the Northern IrelandAssembly set up a group to discuss matters ofmutual interest, best practice and shareinformation in an informal way and invited theAHCPS to nominate members to attend. The firstmeeting was held in September 2007 inEdinburgh. A subsequent meeting took place inDublin in March 2008.

4.10 INSTITUTE OF PUBLIC ADMINISTRATION

The Association continued in membership of theIPA.

4.11 IRISH LABOUR HISTORY SOCIETYThe Association is also affiliated to the Irish LabourHistory Society.

4.12 HOSPITAL SATURDAY FUNDThe Association is represented on the Board of theHSF Health Plan by the General Secretary, DaveThomas, who is the Vice-Chairman of the Board.

4.13 COMBINED SERVICES THIRD WORLD FUND

The Association is represented on the Third WorldFund by Niall MacSuibhne, Revenue.

4.14 CIVIL SERVICE CHARITIES FUNDThe Association is represented on the Civil ServiceCharities Fund by the General Secretary, DaveThomas.


1. Opening of Conference

1.1 The Chairperson, Philip Crosby calledConference to order at 10.15am.

2. Adoption of the Minutes of the AnnualConference, 2006.

2.1 On being formerly proposed and seconded,the minutes of the Annual DelegateConference 2006 were adopted.

3. Appointment of Tellers

3.1 The following were appointed as tellers:

Brigitta O’Doherty (Defence)

Robert Butler (Agriculture and Food)

Liam Kelly (Finance)

Máire Ni Chuirc (Enterprise Trade & Employment)

4. Adoption of Standing Orders CommitteeReport

4.1 Brian Ingoldsby, Chairperson of the StandingOrders Committee was called on to move theReport. He made reference to StandingOrders Report Nos. 1 and 2 already on theAgenda and introduced Standing OrdersReport No. 3 which read:

Standing Orders Committee recommendsthat, notwithstanding anything in StandingOrders Reports Nos 1 and 2, Motion No.31concerning the outgoing General Secretarywill be taken immediately after item No.11,Appointment of Hon. Vice President.

After the Chairperson of Standing Ordersresponded to a query from Garvan O’Keeffe(Revenue) about the position of motions 8,9and 10 in the event of motion 7 been passed,Standing Orders Report Nos 1, 2 and 3 wereput to Conference and adopted.

The Reports of the Standing OrdersCommittee are reproduced at Appendix 1 tothese Minutes.

5. Chairperson’s Address

The Chairperson’s Address is at Appendix IIto these Minutes.

6. Annual Report 2006/2007

6.1 The text of the General Secretary’s Addressintroducing the Annual Report 2006/07 isreproduced at Appendix III to these Minutes.

6.2 There were no questions raised on the AnnualReport and it was unanimously adopted.

6.3 Conference rose spontaneously at the finishof the business of the Annual Report and gavethe retiring General Secretary a standingovation.

The Financial Statement

7.1 The Treasurer, Mary McLoughlin, in herpresentation gave an overview of theaccounts for 2006 and gave an update on therepayment of the mortgage on Fleming’s Hall.

She reported, inter alia, that

* In the overall, the Association was in ahealthy financial state.

* Income had increased – by 10% to 1.566million

(ii) Investments and Savings at the close of2006 were €715,000 with an outstandingmortgage of €740,000.

(iii) By end of April 2007, €500,000 had beenrepaid off the mortgage and the balanceof €205,000 would be cleared by end of2007 when the Association “would be fullowners”.

(iv) Expenditure increased during 2006 by7% to 1.216 million.

(v) Membership at the end of December2006 was 3,330. There was a slightconcern – mainly due to the factor ofdecentralisation – that the Associationwas not netting all the AssistantPrincipals coming on stream. She paidtribute to the recruiting activists andremarked that all members had a role toplay in regard to getting the non-members “into the fold”.

7.2 There were no questions raised on theFinancial Report and it was unanimouslyadopted.


APPENDIX AMinutes of the Annual Delegate Conference

held 11 May 2007

8. Election of Officers, Executive Committeeand Standing Orders Committee.

8.1 Officers

The Officers elected for 2007/08 were:

Chairperson Rohan Ciaran Education & Science

Vice Chairperson Carpenter Peadar Foreign Affairs

TreasurerMcLoughlin Mary Health & Children

8.2 Executive Committee Following an election the following weredeemed to be elected:

Allen Joe Environment & Local Government

Broderick Lynn Agriculture & Food

Crosby Philip Revenue Dunne Larry Finance

Flynn Michael F. Justice, Equality & LawReform

Hughes John Enterprise, Trade &Employment

Lehane Ray Social & Family Affairs

McGann Brian An Post

McKevitt Brian Ombudsman’s Office

Noonan Angie Health & Children

O’Byrne Audrey Taoiseach’s Dept.Philpott Richie Education & Science

8.3 Standing Orders Committee

There were four nominations received for thesix positions on the Standing OrdersCommittee. The following were deemed to beelected:

Denny David Finance

Gordon John Revenue

Ingoldsby Brian Justice, Equality & Law Reform

Moynihan Denis Social & Family Affairs

9. Rearrangement of Agenda

At that juncture, it was 11.00 and to facilitatethe address by Dave Begg, General SecretaryIrish Congress of Trade Unions (ICTU) and tocomply with Standing Orders Report No.3 thefollowing rearrangement was agreed:

Coffee/tea break 11.00 to 11.15

Item No.10 Address by Dave Begg, General Secretary,ICTU.

Item No.11Appointment of Seán Ó Ríordáin as Hon.Vice President and the taking of Motion 31 inthe name of Enterprise Trade & EmploymentBranch.

Item No.12Presentation of Executive Committee Reporton Decentralisation

Item No.13Motions 1 – 30 and 32 to 39

10 Summary of Address by Dave Begg General Secretary ICTU.

The special guest of conference 2007 wasDavid Begg. In his address, he paid agenerous tribute to Seán Ó Riordáin theretiring General Secretary. He spoke aboutthe Irish Public Service and how it was underrelentless attack from the media and thepeople with the liberal agenda.

He made mention of Aer Lingus, PublicTransport, ESB, Health Insurance, theproposed building of private hospitals onpublic hospital campuses as some of theareas of concern for him. The pushers of theliberal agenda held that the market is thegospel and that anything that cuts across it isoff base like taxation, government regulation,interference with the labour market by tradeunions and the existence of Social Welfareprovisions that have the effect of pushing upthe cost of labour.

Dave Begg concluded that it had to fall to thepeople attending Conference and like mindedpeople to try and defend the public serviceprovision generally. The market people wereforever on about reducing tax but never makethe connection between the tax we pay andthe level of services we get. The Nordiccountries paid high taxes but enjoyedexcellent public services.

11. Appointment of Hon. Vice President andMotion 31 in the name of the EnterpriseTrade & Employment Branch.

11.1 The Chairperson in accordance with StandingOrders Report No. 3 proposed that the twoitems above be taken together. Conferenceagreed to the approach and he thenproceeded to propose that Seán Ó Riórdáin


be appointed Hon. Vice President of theAssociation. There was, on a show of hands,full agreement.

11.2 Following through the Chairperson asked thatMotion 31, be proposed and seconded by theEnterprise Trade & Employment Branch.

MOTION 31Michael Pender (Enterprise Trade &Employment) proposed the following motionwhich was formally seconded:

That this ADC expresses its appreciation toSeán Ó Riórdáin for the professionalism,commitment, and dedication he hasdisplayed in representing the interests of themembers of the Association over the pasttwenty years. During his time as GeneralSecretary, and in his civil service careerbefore taking up that post, he has displayedthe highest standards of public service andwe wish him a well earned, long and happyretirement.

Proposing the motion, Michael Pender saidinter alia, of the retiring General Secretary thathe was “a wonderful person and he gave awonderful contribution”

Larry Dunne (Finance), Maireád Lynch(Revenue) Gerry Kelleher (Department of theTaoiseach) and Eamon Corcoran (Health &Children) spoke to the motion.The motion was unanimously andenthusiastically carried.

12. Presentation of Executive CommitteeReport on Decentralisation.

12.1 The General Secretary Designate, DaveThomas introduced the ExecutiveCommittee’s updated Decentralisation Reporttitled – Public Service Decentralisation – theneed for an immediate review. He outlinedmany of the difficulties associated withDecentralisation as proposed.

The main conclusions of the Report by theGeneral Secretary Designate are at AppendixIV to these minutes.

13 Motions 1-30 and 32 to 39

RULE CHANGE

MOTION 1Pat Kelly (Foreign Affairs) proposed the followingmotion which was seconded by Ciaran Byrne(Foreign Affairs)

That this ADC approves the following rule change:That Rules 9(b)(i) (A) and 9(b) (i) (B) be amended byreplacing the number 15 with the number 20 ineach section and sub section. This amendment totake effect from 1 September 2007.

The motion was adopted.

MOTION 2 and 3These motions in the name of the Revenue Branchwere not moved.

MOTION 4Garvan O’Keeffe (Revenue) propsed the followingmotion which was seconded by Frank O’Dwyer(Revenue)

In Rule 9 (d) (i) Add “Motions sent to theAssociation Headquarters by electronic mail willbe deemed to be received by the GeneralSecretary on the same day as the mail was sentprovided that evidence of sending is provided bythe sender”

The motion was carried.

MOTION 5This motion in the name of the Revenue Branchwas not moved.

MOTION 6Mary Farrell (Revenue) proposed the followingmotion which was seconded by Frank O’Dwyer(Revenue)

Rule 22 (f)

AddIn the case of a Branch authorised under Rule 22(J) to substitute a Branch Delegate Meeting for anAnnual General Meeting, having regard to thegeographic spread of members, the BranchDelegate Meeting will take place no later than fourweeks prior to the Annual Delegate Conference orthe closing date for amendments to Motions onthe final agenda of Annual Delegate Conference,whichever is the earlier provided that

(i) A previous Delegate Meeting of the Branchhas mandated the Branch Executive topropose motions and make nominations onbehalf of the Branch for the Annual DelegateConference.

(ii) And that the Branch Executive puts all suchmotions and nominations on the Agenda ofthe Branch Delegate Meeting, taking place inaccordance with the provisions of rule 22(f),for approval by the delegation.


Ciaran Rohan (Vice Chairperson and ExecutiveCommittee) spoke against the motion.

Garvan O’Keeffe (Revenue) spoke in favour of themotion.

Mary Farrell exercising her right of reply, asproposer said, inter alia, that she was surprised bythe “line adopted by the Executive Committee”.


PAY

MOTION 7(STANDS FOR ITSELF AND MOTIONS 8, 9 & 10)Pat Kelly (Foreign Affairs) proposed the followingmotion which was seconded by Stephen Ryan(Foreign Affairs)

This conference instructs the incoming ExecutiveCommittee to work through ICTU to keep theterms of the “Towards 2016” national agreementunder review, with a view to providing, ifnecessary, for an appropriate increase tocompensate for any erosion of the pay elements ofthis agreement caused by the significant recentincrease in inflation.

Paul Doyle (Education & Science) spoke in favourof the motion.


MOTION 11John Cronin (Justice, Equality & Law Reform)proposed the following motion which was formallyseconded:

That this ADC calls on the incoming Executive toconduct a study of the cost of living in Dublin so asto establish if there are grounds for seeking thepayment of allowance to members living in CountyDublin similar to that applicable to London in theUK.


MOTION 12Peter Dockery (Revenue) proposed the followingmotion which was seconded by Frank O’Dwyer(Revenue)

In light of the greater cost of living in metropolitanareas, this Conference seeks a weightingallowance similar to that granted in the UK for staffliving and working in such areas.


POSTAL LIBERALISATION

MOTION 13Willie Prendergast (An Post) proposed thefollowing motion which was seconded by EamonHughes (An Post):

That this ADC instructs the Executive Committeeto request the Minister for Communications whenintroducing legislation to implement the EU PostalLiberalisation Directive to ensure that:

� The provider of the Universal ServiceObligation is adequately funded so that thereis no threat to jobs or salary levels to ourmembers in An Post

� Postal customers outside of major urban areasdo not suffer a reduced delivery and collectionservice

� New entrants are not allowed to “cherry pick”at the expense of the USO provider.

John Kelleher, Assistant General Secretary spoketo the motion.


DECENTRALISATION

MOTION 14Ciaran Rohan (Vice Chairperson and ExecutiveCommittee) proposed the following motion onbehalf of the Executive Committee which wasformally seconded by Mary McLoughlin (Treasurerand Executive Committee):

That this ADC reiterates its support for a rationalmodel of decentralisation and calls onGovernment to review the scope and timetable ofthe current decentralisation programme havingregard to the serious difficulties arising both fromHR/IR and Quality Public Services perspectives.

Liam Kelly (Finance) and Peter Carvill(Environment) spoke to the motion.


MOTION 15Larry Dunne (Finance) proposed the followingmotion which was seconded by Liam Kelly(Finance):

That Conference requests the Government topublish an Environmental Impact Statement on thecurrent decentralisation programme assessingmatters such as how availability of public transportaffects the selection of office sites, and the stepstaken to ensure the programme does not promotea car dependent lifestyle.



Motion 16John Healy (Community Rural and GaeltachtAffairs) proposed the following motion which wasformally seconded by Breanndán O Súilleabháin(Community Rural & Gaeltacht Affairs):

That this Conference instructs the incomingExecutive to request the Department of Finance toamend the CAF arrangements to allow officials onthe Dublin CAF to express a preference for officesin those counties bordering any of the 4 Dublinlocal authority areas. Where positions arise inthese offices the usual seniority provisions wouldbe employed to ascertain the order in which placesare offered to officers on either CAF panel.


MOTION 17John Healy (Community Rural and GaeltachtAffairs) proposed the following motion which wasformally seconded by Breanndán O Súilleabháin(Community Rural & Gaeltacht Affairs)

That this Conference instructs the incomingExecutive to request the Department of Finance toextend the Dublin CAF to include all offices in theGreater Dublin area not covered by the CAF fordecentralised offices.


MOTION 18Brian O’Sullivan (Defence) proposed the followingmotion which was formally seconded by TadhgO’Doherty (Defence) :

That Conference calls on the Executive to ensure,in its discussions on decentralisation withDepartment of Finance and/or DIG, that theconcerns of the IT community in Departments andOffices are addressed, in relation to the intake ofpersonnel with the necessary skills andqualifications, to ensure the smooth continuity ofbusiness; that this could best be achieved byundertaking, as a matter of urgency, theestablishment of baseline qualifications orexperience as a prerequisite for transfer into an ITpost.

Richie Philpott (Executive Committee andEducation & Science) spoke against the motion.

The motion was defeated.

MOTION 19Mary Nash (Arts, Sport & Tourism) proposed thefollowing motion which was formally seconded byEamonn Mac An Bheatha (Arts, Sport & Tourism):

That this Conference instructs the incomingExecutive to ensure that members who wish todecentralise are no longer forced to accept poorerworking conditions or a reduction in salary in orderto decentralise and to enter into negotiations withthe Department of Finance to seek the restorationof former conditions and salary in all cases wheredecentralising members have been negativelyaffected.


MOTION 20Sean Tipper (Foreign Affairs) proposed thefollowing motion which was seconded by CiaránByrne (Foreign Affairs):

That this ADC expresses serious concern aboutthe adverse impact on the welfare, careerdevelopment and working conditions of membersarising from the Decentralisation Programme andinstructs the Executive Committee to prioritisethese issues, paying particular attention to its coremandate of protecting the welfare of its members,in formulating an effective and coherent responseon the part of the Association to the impactof the Decentralisation Programme and itsconsequences.


Motion 21Liam Kelly (Finance) proposed the followingmotion which was formally seconded by LarryDunne (Finance):

That Conference instructs the incoming ExecutiveCommittee to ensure that candidates in theforthcoming PO Interdepartmental competitionhave an opportunity to compete for posts inDublin.

Mary McLoughlin (Treasurer and ExecutiveCommittee) asked the Finance Branch on behalf ofthe Executive Committee to remit the motion.

Liam Kelly on behalf of the Finance Branch agreedto remit the motion. Conference agreed.

MOTION 22Liam Kelly (Finance) proposed the followingmotion which was formally seconded by LarryDunne (Finance):

That Conference instructs the incoming ExecutiveCommittee to ensure that candidates in theforthcoming Open PO competition may onlycompete for posts in decentralised locationswhere there is a shortfall in applicants from thatgrade.


The General Secretary Designate explained theposition in regard to the motion.

Orna Maguire (Revenue) spoke on the motion andasked that the motion be remitted.

The Finance Branch agreed to remit the motionand Conference agreed.

MOTION 23Tony Morris (Health & Children) proposed thefollowing motion which was formally seconded:

That this ADC:

a) notes that the circular for the currentinterdepartmental competition for PO carrieswith it a commitment for successful candidatesto decentralise for a minimum of 3 years;

b) notes that the official side are interpreting thisto mean that the commitment must bedischarged by an officer remaining for the entireperiod at a particular regional location, evenwhere a vacancy becomes available at anotherregional location that the officer concerned hadapplied for under the decentralisationprogramme;

c) given that this is neither in the interests of theindividuals concerned nor of thedecentralization programme, instructs theincoming Executive to seek a commitment fromthe Official Side, the effect of which would be toallow an officer promoted under this scheme to:

(i) maintain his/her application to decentralise totheir location of choice, and

(ii) allow him/her to transfer to that location, whena vacancy arises, and to discharge the balanceof their commitment there.

Amendment (in the name of the RevenueBranch)

To add to paragraph (c), after sub paragraph (ii):

Provided that this does not adversely affect anyother AHCPS member.

Garvan O’Keeffe (Revenue) proposed the aboveamendment which was formally seconded byFrank O’Dwyer (Revenue).

The amendment was put to Conference andcarried.

The motion as amended was carried.

MOTION 24Peadar Ward (Communications, Marine & NatureResources) proposed the following motion whichwas seconded by Brendan Linehan(Communications Marine & Natural Resources):

That this Conference ask the Executive to seek, inthe context of decentralisation, added yearsservice up to age 60 for early retirement purposesfor staff who are entitled to benefit from existingCost Neutral Pension arrangements.

The General Secretary Designate spoke on a pointof information about the motion.


PROMOTION

MOTION 25Gerry Kelleher (Taoiseach’s) proposed thefollowing motion which was seconded byShane Bresnan (Taoiseach’s):

That Conference instructs the incomingExecutive Committee to secure commitmentfrom the official side that in respect of theOpen Competitions for promotion, there willbe equity of treatment between allcandidates, irrespective of whether they arecurrent serving civil servants or externalapplicants. In this regard that Conferencefurther instructs the incoming ExecutiveCommittee to secure agreement from theOfficial Side that stage 2 and stage 3 of thecurrent open competition for PO, will beseparate for stage 2 and stage 3 of theInterdepartmental competition.

Gerry Kelleher (Taoiseach’s) proposed thefollowing amendment which was formallyseconded:

AmendmentIn the final sentence to delete “separate for” andsubstitute “separate from”

After dialogue, involving the Chairperson and theproposer, the motion and amendment wereremitted to the Executive and Conference agreedto that measure.

LATERAL MOBILITY

MOTION 26Brian Chadwick (Social and Family Affairs)proposed the following motion which wasseconded by Sean Fay:

That this ADC instructs the Executive to seek tohave a system put in place to allow mobility of staffbetween Departments.



WORK-LIFE BALANCE

MOTION 27Motion 27 beneath in the name of the Health &Children Branch was remitted to the Executive.

That the incoming Executive Committee shouldpursue with the Official Side, as a matter ofurgency, the introduction of annualised hours forAP’s and POs in order to provide appropriate worklife balance options for AHCPS grades.

POSITIVE WORKING ENVIRONMENT

MOTION 28Pat McCourt (Enterprise Trade & Employment)proposed the following motion which was formallyseconded:

Welcoming the increased awareness of the effectsof bullying in the workplace and the developmentof procedures to address the problem, in general,and noting that allegations of workplace bullyingmust be addressed fairly and equitably, that thisADC instructs the incoming Executive Committeeto seek from the official side data on cases whereallegations of bullying have been made, todetermine numbers of cases overall, the number ofcases where a finding has been made (whether foror against the allegations), the number ofinconclusive findings, and any evidence of abuseof the process, with a view to making anyrecommendations which the Executive Committeesees fit in relation to the fairness of the process orto address other issues arising for members.

John Kelleher, Assistant General Secretary andGerard Monks (Enterprise, Trade and Employment)spoke on the motion.


ASSOCIATION ORGANISATION

MOTION 29Seán Traynor (Health & Children) proposed thefollowing motion which was formally seconded:

That this ADC instructs the incoming ExecutiveCommittee to examine and to report back to thenext ADC in relation to fully employing Informationand Communication Technology to enhancecommunication between head office and branchesand to dispense with the need for paper basedtransactions for the purpose of proposing motionsfor conference or nominations for membership ofthe Executive.

Mary McLoughlin (Treasurer and Executive) spoketo the motion.


MOTION 30Seán Traynor (Health & Children) proposed thefollowing motion which was formally seconded byTony Morris (Health & Children)

That this ADC instructs the incoming ExecutiveCommittee to examine and to report within threemonths on, the need for express conflict of interestprocedures to be set out in the Rules of theAssociation.

Audrey O’Byrne (Executive) spoke on the motion.The motion with Conference agreement wasremitted.

RETIRING GENERAL SECRETARY

MOTION 31See paragraph 4 of these Minutes and StandingOrders Report No. 3.

SUBSCRIPTION RATE

MOTION 32Mary McLoughlin (Treasurer and Executive)proposed the Executive Committee motion below.It was seconded by Richie Philpott (Executive):

That this ADC determines that the membershipsubscription rate be reduced from 0.6% of salaryto 0.5% of salary with effect from 1 January 2008.

Brian McGann (Executive) and Tony Morris (Health& Children) spoke on the motion.


MOTION 33Mary Farrell (Revenue) proposed the followingmotion which was seconded by Frank O’Dwyer(Revenue):

This conference notes the large amounts ofsurplus income over expenditure that have beenaccumulated in recent years, €345,762 in 2005,€350,338 in 2004 and €382,266 in 2003 and callson the Executive to

(a) Utilise a significant percentage of this surplus,and any subsequent annual surplus, towardsreducing the mortgage on the Fleming’s Placeproperty and

(b) Set funds aside for any unanticipated expensesarising from decentralisation

(c) If on the completion of the decentralisationprogramme, there is still a significant annualsurplus reduce the rate of the annualsubscription,



LEAVE

MOTION 34Peter Carvill (Environment, Heritage and LocalGovernment) proposed the following motion whichwas seconded by Tom Sheridan (Environment,Heritage and Local Government):

Given the complicated nature and arbitrary effectsof the procedures for carrying forward unusedleave over a three year cycle, this ADC instructsthe incoming Executive to submit a claim to add tothe existing arrangements a general provision topermit the carrying forward, without conditions orrestrictions, of up to five days’ annual leave at theend of any leave year.


MOTION 35Brian Chadwick (Social & Family Affairs) proposedthe following motion which was seconded by BenDunne (Social & Family Affairs):

That this ADC calls on the Executive to negotiate ascheme of unpaid special leave whereby staff cantake a half day unpaid leave for each year ofservice, subject to a maximum of 15 days per year.


MOTION 36Brian Chadwick (Social & Family Affairs) informedConference that his Branch was withdrawingMotion 36.

STAFFING

MOTION 37Larry Cashman (Agriculture & Food) proposed thefollowing motion which was formally seconded byNoel Holleran (Agriculture & Food):

That this Annual Delegate Conference instructs theincoming Executive Committee to commencenegotiations with the Official Side on theintroduction of an arrangement whereby staff onMaternity Leave are replaced for the duration ofsaid leave on the same basis as applies in the caseof staff availing of the arrangements for leaveunder Term Time mindful of the fact that underrevised arrangements Maternity Leave can be of aduration of up to 48 weeks.


TAXATION

MOTION 38Peter Dockery (Revenue) proposed the followingmotion which was seconded by Garvan O’Keeffe(Revenue):

This conference notes with concern the continueduse of avoidance schemes to minimise taxliabilities and calls on management to ensure thatthe appropriate numbers of skilled staff areavailable to confront these schemes withappropriate legislation backing them.


MOTION 39Frank O’Dwyer (Revenue) proposed the followingmotion which was seconded by Garvan O’Keeffe(Revenue):

This conference notes with concern the increasingtax evasion in the Shadow Economy and calls onmanagement to ensure that the office isadequately staffed with the appropriate skilledstaff backed by appropriate legislation to confrontthis issue.



STANDING ORDERS REPORT NO. 1

The Standing Orders Committee has receivednominations for Officerships, Executive Committeeand Standing Orders Committee as set out in theDraft Agenda.

There is one nomination for the post ofChairperson; it will therefore not be necessary tohave an election for this post.

There are two nominations for the post of ViceChairperson; it will therefore be necessary to havean election for this post.

There is one nomination for the post of Treasurer;it will therefore not be necessary to have anelection for this post.

There are 16 nominations for the 12 elective placeson the Executive Committee; it will therefore benecessary to have an election for these places.The nominees for Vice Chairperson are alsonominees for the Executive Committee. When theelection for this position is completed onenomination for the Executive Committee will lapseleaving 15 nominations for election.

The Executive Committee have nominated Seán ÓRiordáin to be an Honorary Vice President. UnderRule 14, a nomination for appointment asHonorary Vice President needs the approval of theAnnual Delegate Conference.

Four nominations were received for the sixpositions on the Standing Orders Committee.Branches are accordingly invited to submit furthernominations in accordance with Rule 9 (d)(iii).

In all 39 motions have been received.

The Committee recommends as follows in relationto the motions which have been submitted.

Rule ChangeDelegates are reminded that changes to rulesrequire a two-thirds majority of delegates presentand voting in order to be passed.

PayMotion 7 (in the name of the Foreign Affairsbranch) will stand for itself and Motions 8, 9 and 10.

Brian Ingoldsby (Chair)David DennyJohn GordonDenis Moynihan13 March 2007

STANDING ORDERS REPORT NO. 2

1. The Standing Orders Committee recommendsthat the motions be taken in the order as set outin the timetable at 6 below.

Motions

2. The Committee reminds delegates of thecontents of Report No. 1 as they relate tomotions standing for others.

Annual Report

3. It is recommended that, following thepresentation of the Annual Report by theGeneral Secretary, it will be open for debateduring which the reference back of individualitems on the basis of factual accuracy only maybe moved and voted upon. Following suchgeneral debate, the Report shall be put forwardfor adoption.

Amendments to Motions

4. Amendments have been tabled to motion nos.23 and 25 as indicated in the list of motions.

Election of Standing Orders Committee

5. No further nominations were received for theStanding Orders Committee. No election willtherefore be necessary.


APPENDIX IStanding Orders Reports

Nos. 1, 2 & 3


6 The following timetable is recommended for the more expeditious conduct of the Conference:

AGENDA TIME

No. 1 Opening of Conference and Introduction of Guests

No. 2 Adoption of the Minutes

No. 3 Appointment of Tellers

No. 4 Adoption of Standing Orders Reports Nos.1 & 2

No. 5 Chairperson’s Address

No. 6 Annual Report 10.00 - 11.00No. 7 Financial Statement

No. 8 Election of Officers, Executive Committee and

Standing Orders Committee

No. 9 MOTIONS: 1- 13

COFFEE 11.00 – 11.15

No.10 Address by

Dave Begg, General Secretary, ICTU

No.11 Appointment of Hon. Vice President 11.30 – 13.30

No.12 Presentation of Executive Committee Report

On Decentralisation

No. 9 Motions (Resumed)

LUNCH 13.30 - 14.30

No. 9 Motions (Resumed) 14.30 - 16.30

Brian Ingoldsby (Chair)Eoin FahertyJohn GordonStanding Orders Committee 16 April 2007

STANDING ORDERS REPORT NO. 3Standing Orders Committee recommends that, notwithstanding anything in Standing Orders Reports Nos.1 and 2, Motion No. 31 concerning the outgoing General Secretary will be taken immediately after item No.11, Appointment of Hon. Vice President.

Brian Ingoldsby (Chair)John Gordon Eoin FahertyDave Denny

Colleagues, I am honoured to welcome you to the2007 Annual Delegate Conference of theAssociation.

As we gather for Conference, there are as evermany issues of concern to our members that wemust grapple with and try to resolve, and these willbe explored later today in our debates on theConference agenda.

Important as those issues are, I am conscious ofthe fact that today marks a significant change forthe AHCPS, both practical and symbolic. Andbecause today is also my last day as Chairpersonof the Association, I’d like to take a few minutes toreflect personally on things that have more to dowith people than with issues.

Before I do that, there is one issue I want toaddress briefly – and indeed it would be remiss ofme not to. And that issue is decentralisation.

As you know, today the Association brings forwardan update to our 2004 report on thedecentralisation programme. The report will beconsidered in more detail later on, so I won’t gointo it chapter and verse.

But I do want to mention the main issues in thereport – and I’ll start by saying that it calls for animmediate and radical review of thisdecentralisation programme.

Now I want to make something absolutely clear, incase anyone out there hasn’t already got themessage. The AHCPS is not opposed todecentralisation. Decentralisation, when properlythought out, planned and introduced is fullysupported by the Association. But thisdecentralisation venture is not properly thoughtout or planned. Because of this, it is causingserious issues for our members, and it presentsrisks to the public interest.

The Association believes that decentralisationshould be planned and implemented in a way thatmanages the career development and progressioninterests of our members in Dublin and outsideDublin in a balanced way. But instead we have aprogramme that removes career developmentopportunities for people who are unable orunwilling to move from Dublin. While this affectspeople at all levels, the effects hit AHCPSmembers particularly hard. Because of their ageprofile and family circumstances, it is our memberswho face the toughest choices between theirfamily obligations and their careers andcontribution to public service.

Our members play a key role in the developmentand co-ordination of Government policy. In today’scomplex society, the most pressing policy need isfor joined-up thinking and joined-up government.For that to happen, you need close and intensiveco-operation between people who are experts intheir policy areas. But under this decentralisationprogramme, more than 90% of the people whohave deep policy expertise will change jobs andwill be scattered to a variety of locations. This willpresent serious risks to the quality of expertsupport for Ministers and the Oireachtas, and tothe level of expertise Ireland will have innegotiations at the EU and other internationalbodies. It will also make it more difficult to maintainand improve standards of service to citizens.

The other issue of concern is cost. The capital costof this decentralisation programme has beenestimated at 900 million. But because nomeaningful cost assessment has ever beenconducted – including analysis of ongoing costs –it is safe to say that the ultimate cost will besignificantly higher than 900 million. Taxpayersand citizens could be forgiven for wondering whyso much of their money is being spent on ascheme that won’t improve public services – andwhich might in fact make them worse!

For these reasons, the report calls for animmediate and radical review of the structure,timescale, impact and extent of decentralisation.The time for that review is now - before it is toolate.

As I said earlier, today marks a significant changefor the Association, because after 20 years ofservice at the helm of the Association, this is SeanO Riordain’s last ADC as General Secretary. Lateron this morning, there will be an opportunity fordelegates to make their own observations aboutSean’s outstanding contribution to the Association– and I’m sure many of you will grasp thatopportunity with enthusiasm. Right now, I’d like toshare some of my thoughts about a man for whomI have the utmost admiration, and someone Iregard as having an enormous influence on myown thinking and personal development.

First and foremost, let it be said that Seán ORíordáin shaped the AHCPS as we know it today.He brought to the Association a set of leadershipqualities and vision, translated those intostrategies and tactics, and led the Associationthrough 20 years of growth and change. In thedays of classical adversarial IR, Sean steered the


Address of the Chairperson, Philip Crosby

APPENDIX II

AHCPS through the troubled waters of negotiationand Arbitration with tactical judgement, resolve,and quite an amount of courage. As we moved tothe more contemporary Partnership andbenchmarking scene, Sean brought into play hisstrategic awareness of the public service reformagenda, its potential impacts on our members –and of course, the central role of our members inshaping and enacting reform. And that strategicawareness of Sean’s was instrumental in deliveringbenefits for our members, especially in the lastbenchmarking.

Through all of this time, the key qualities that Seanbrought to the job were his intelligence andstrategic thinking, his tenacity and determination,and crucially, his strong work ethic. And in a worldwhere the stereotype view of the civil servant is ofa grey man in a grey suit in a monochrome setting,Sean O Riordain is a man who has lived out hiscareer in glorious Technicolour. He is energetic,emotive, courageous, creative, intense, andthought provoking. He has a passion for theissues, and a zest for the fray, that are infectiousand inspiring. That’s what makes him great to workwith and the best of company. It has been myprivilege to work with Sean over the last few yearson the Executive Committee, and I want to thankhim for all he has done for the Association, and towish him and Siobhan the very best for the future.

A key aspect of Sean’s strategic approach toleadership was his insistence that the Associationfollow best practice in planning for the future. Withthis in mind, two years ago the ExecutiveCommittee set in train a process that would lead tothe appointment of a new General Secretary. Thisprocess was managed by the ExecutiveCommittee, and headed by Sean in his capacity asoutgoing General Secretary and by the Officers –the Treasurer, the Vice-Chairperson and myself. Aswell as relying on the knowledge and expertise ofits own members, the Executive Committee alsoengaged the assistance of strategic HRconsultants, and for the competition interviewitself was fortunate to be able to call on theexperience and knowledge of the GeneralSecretary of the ICTU, David Begg.

As you know, following this process we weredelighted to announce the appointment of DaveThomas as General Secretary designate. Dave issomeone with extensive and deep experience andexpertise in industrial relations developed overmany years as a PSEU activist, Secretary to theGeneral Staff Panel, and of course as a full timeofficial with this Association. This experience hasmade him a skilled and expert negotiator, withexcellent analytical abilities and tactical judgment.These skills, along with his persistence, patienceand deep understanding of the industrial relations

landscape of the civil service, will serve him well inhis role as General Secretary, and I wish him thebest of luck in his new job.

I would like to finish by saying a few words ofthanks and appreciation. Firstly, I would like tothank my colleagues on the Executive Committeefor all their work through the year. I wouldparticularly like to thank those ExecutiveCommittee members who are not standing for re-election, and although he isn’t here today, I want tosay a special word of thanks to Gerry Rowley for allof his service to the Association. I would also liketo thank my fellow officers, Ciaran Rohan andMary McLoughlin, for all that they have done andcontinue to do for the Association, and I’d like totake this opportunity to wish Ciaran well as hetakes on the role of Chairperson. I also want to paytribute to the Association’s officials and staff for alltheir work – Sean and Dave whom I’ve mentionedalready, and of course John Kelleher, DorothyAughey and Jackie Lacey. Thanks also to PatFeeney, our Revenue Branch Administrationofficial in HQ.

I would like to record my appreciation – and Ispeak for the officials and the Executive when I saythis – of the vital work done locally by theAssociation’s many Branch activists andCommittee members. In that regard, I must makespecial mention of my own colleagues on theRevenue Branch Committee, and say thank you foryour support and forbearance in my time as anofficer of the Association. In thinking of thecontribution made by our branch activists, I mustrecall with sadness the death last December ofAnita Curry, who was the well-liked and respectedSecretary of our Branch in the Courts Service. Mayshe rest in peace.

I would also like to say thanks to Tom Quigley andJoe Brennan for their roles in making a record ofADC proceedings. And I would also like to say aword of thanks to someone in advance of doingthis work for the Association. This year sees theretirement of Laura Noonan from Revenue, afterfour years of service locally for the AHCPS, andmany years of service before that for theAssociation of Inspectors of Taxes, and I want tothank her for all her service in the past, as well asfor joining the team to produce the Conferenceminutes.

I remarked earlier that today is my last day asChairperson of the Association. It is a position I amvery proud to have held, and I leave it today with asense of valediction and a little bit of sadness.

Go mbeirimid beo ag an am seo arís. Thank you.


Introduction

Chairperson, delegates

The past year was a very important in industrialrelation terms with the conclusion of theTOWARDS 2016, Benchmarking II, the ongoingdecentralisation drama and, thankfully, theemergence of a more favourable industrial relationclimate in An Post.

There was also, as you know, another event ofgreat importance for the Association with theappointment, following an open selection process,of Dave Thomas as General Secretary Designateand I will return to that again later. But, firstly, Iwant to report on the immediate industrial relationissues.

Towards 2016Towards 2016 is the eight social partnershipagreement since 1987 and, in many respects, is byfar the most ambitious and important from a tradeunion perspective. It had a long and difficult periodof gestation following GAMA and Irish Ferries inthe private sector, and there were also intensivenegotiations on modernisation and change in thepublic sector.

The Agreement is widely perceived to represent anew paradigm in terms of the input which it givesthe trade union movement in drawing up a sharedvision of economic and social development inIreland over the ten year period to 2016. TheAgreement addresses what is perhaps the centralpolitical question – how economic advance in acompetitive global market economy can be bettertempered with concepts of social justice.

But social partnership is under great strain and thenegotiation of Towards 2016 was substantiallymore difficult than on previous occasions. Thereality for the majority of workers is that pay is theglue that holds social partnership together, andwith inflation increasing and pay difficultiesemerging in both public and private sectors, it isclear that the social partnership process, whichhas been of enormous benefit to Ireland, will betested in the months ahead.

Benchmarking II

Turning now to benchmarking. You will be awarethat the Association has made submissions and

presentations to the Benchmarking Body inrespect of the Principal, Assistant Principal andPrison Governor grades. As on the previousoccasion in 2000, we engaged INBUCON IrelandLtd to carry out a comprehensive job andremuneration evaluation exercise and we also hadthe assistance of Brian Barry, Burnham HouseConsultants in preparing the PO-AP submission.

The Benchmarking Body is due to report later thisyear and, obviously, we await the outcome withgreat interest. The actual implementation ofrecommendations will be discussed with theunions in the context of the pay arrangementswhich will follow the current phase of Towards2016.

The benchmarking process has, as you know,come under pressure in recent times. While I don’twant to add to difficulties in the health sector, itmight be useful to remember that independentbenchmarking was put in place by both sides asthe reasonable alternative to having public servicepay determined on the streets, with all thedifficulties and disadvantages which went withthat.

Benchmarking or arbitration are rational models ofpay determination which, like social partnership,have served both the country and the trade unionmovement well. We need to be careful aboutundermining them. Equally, looking forward, theGovernment and industrial relation practitionerswill understand that the public sector unions willnot buy into any benchmarking model that mightdepart from the criteria for pay determinationagreed between the parties or that might becomean instrument for undermining public service payand conditions in the future.

Decentralisation The principal issue dominating the industrialrelations landscape in the civil service and in manyof the state agencies is not pay. It isdecentralisation.

The reality of decentralisation at this stage, Ibelieve, is that everybody from the Taoiseachdown knows that there are aspects of thedecentralisation programme which just do notmake sense. And the “carry on regardless”approach makes even less sense.

The Executive Committee has circulated an


APPENDIX IIIConference Address by

AHCPS General Secretary, Seán Ó Ríordáin

updated Report on decentralisation in which wehighlight the continuing difficulties both from ahuman resources/IR perspective and from theperspective of delivery of quality public services.This will be further discussed at Conference.

Let me just say at this stage that the Associationpolicy is unambiguously clear. We recognise andwelcome the benefits to the public and to ourmembers of a well thought out and rational modelof decentralisation. But the current programmehas fatal flaws.

In the state agencies, in areas like FAS where wehave reports virtually nobody wants to decentraliseand, in the civil service, not alone are theresubstantial surpluses in Dublin but theachievement of decentralised targets in provinciallocations is critically dependent on the transfer ofstaff from existing to the new decentralisinglocations. Of the 4,000 staff willing to move fromexisting provincial locations there are only 600 plusstaff in Dublin who want to back fill thesevacancies.

I would like to emphasis two key aspects here.From a human resources/industrial relationsperspective our key requirement is that ourmembers will have real jobs and that resourcesand legitimate career expectations are not furtherundermined. From a quality perspective we wantto see the programme changed in a manner whichstops the undermining of public services.

There is, as outlined in the report, a need for animmediate review and the solution we offer is verysimple. The scope and time-scale ofdecentralisation should be adjusted. There is avery strong case for retaining a policy developmentand policy co-ordination role in Dublin and it isequally clear that the nature of services deliveredby certain organisations would dictate that morestaff should remain in Dublin.

With a degree of common sense and good will byGovernment the circle is capable of being squaredso far as the AHCPS senior management gradesare concerned. What is required is broad balancebetween the numbers wishing to decentralise andthe jobs selected to move. A reorganisation on thelines proposed in our document would lead to areduction in the order of 300 to 400 in seniormanagement at Principal and Assistant Principallevel posts moving. This would bridge the gap in away which would make sense both from a humanresource/industrial relations and from qualitypublic service perspective.

There is a better way forward.

An PostTurning now to An Post I am glad to say thatindustrial relations climate has substantiallyimproved with the changing of the top guard andthe payment of Sustaining Progress. There was along hard campaign by the An Post group ofunions to secure full payment of SustainingProgress and it is very difficult to see how theCompany could have moved forward without asettlement.

That is not to say that all the difficulties are over inAn Post. The Draft EU Directive on PostalLiberalisation will have major implications and, asyou will see from the Annual Report we had to goto the LRC/Rights Commissioners and LabourCourt on a number of occasions on matters arisingfrom the 2005 Productivity and Change Agreementwith the Company. There is an ongoing debateabout performance related pay.

Food Safety Authority of IrelandI would like, before concluding, to refer briefly tothe Food Safety Authority of Ireland. You will seefrom the Annual report that the industrial relationssituation in the Authority is appalling. Uniquely, inmy experience either in management or in unions,there is a situation in the Authority in which it isvirtually impossible to get anybody who will talk tous about sensitive industrial relation matters. TheAuthority had recently to be dragged kicking andscreaming to the Labour Court having refused todeal with the Association either at the LRC or theRights Commission Service. The Labour Court, inaddition to upholding the integrity of our members’case, also called on both sides to engage witheach other and establish a better industrialrelations climate.

It is unbelievable that, despite writing to the formerChairman, to the members of the Board and to theChief Executive of the Authority with a view to thediscussions on the Labour CourtRecommendation we have not even received thecourtesy of a reply. What I would say to the FoodSafety Authority of Ireland is to stop burying yourhead in the sand and hoping we will disappear. Wewon’t. We would much prefer to be talking to youin private than in public and all we are trying toachieve is the establishment of normal industrialrelations practices in the Authority.

Conclusion This is my 21st and final conference as GeneralSecretary.

I am conscious that there are matters relating tome further on in the Agenda but, at this stage, andat the risk of later repetition, I want to make somebrief comments.


I want to thank the Officers, Philip, Ciaran andMary and the Executive Committee for their helpand support over the past year and I want to echothat thanks in respect of previous officers andexecutives since 1987.

I want to thank Brian Ingoldsby and StandingOrders Committee for their customary care andattention to organising conference business. I wantto thank Tom Quigley, as ever, for being availableto do the minutes and to help along with JoeBrennan in the organisation of Conference.

I want especially to thank the people with whom Iwork in the Association, Jackie, Dave, John,

Dorothy and, most recently, Pat Feeney ourRevenue Branch Administrator.

I want to congratulate Dave Thomas on hisappointment as General Secretary Designate andto wish him well.

Finally, I want to thank branch officers and you, themembers, for your help this year and over manyyears. It has been an honour and privilege to haveworked with all of you as General Secretary and Iwish you and the Association well in the yearsahead.


1. NAME The Association shall be known as The Association ofHigher Civil and Public Servants (Comhlachas naSheirbhíseach Uachtarach Stáit agus Poiblí),hereinafter referred to as the Association.

2. OFFICEThe Association’s office shall be at Fleming’s Hall, 12Fleming’s Place, Dublin 4 or such other place as mayfrom time to time be determined by the ExecutiveCommittee. Any change shall be notified to theRegistrar of Friendly Societies.

3. OBJECTSThe Objects of the Association are:

(a) to protect and promote the interests of itsmembers,

(b) to maintain and improve the remuneration andother terms and conditions of employment ofmembers,

(c) to regulate the relations between members andtheir employers and between members andfellow members and other workers,

(d) to provide and maintain services, including legalassistance, for the benefit of members,

(e) to provide relief to members involved in, oraffected by, disputes,

(f) to promote excellence and effectiveness in thepublic sector having regard to the interests ofmembers,

(g) to promote equality of opportunity and thedevelopment of work-life balance in theworkplace,

(h) to promote the development of partnership inthe workplace.

4. POWERS(a) The Association, in furtherance of its objects,

may:

(i) acquire, hold and dispose of property;

(ii) affiliate, amalgamate, assist, cooperate orenter agreement with any association,union, or other organisation; and

(iii) do all things necessary or incidental orconducive to the attainment of the objectsof the Association.

(b) The funds of the Association shall be applied incarrying out the objects of the Association and indefraying the expenses of management andadministration.

5. MEMBERSHIP (a) (i) Membership of the Association comprises

those accepted into membership by theExecutive Committee and entered on theRegister of Members.

(ii) Membership shall be open to employees inmanagerial and professional positions in thecivil service, public sector and such otheremployment as deemed appropriate by theExecutive Committee. Membership shall besubject to acceptance by the intendingmember of the Rules and Constitution andapproval by the Executive Committee andshall commence on the date of this approvalwhereupon the member’s name shall beentered on the Register of Members.

(b) An application for membership shall be made tothe intending member’s local branch in writing ina form approved by the Executive Committee andshall be transmitted by the local branch to theGeneral Secretary. The application shall beaccompanied by a completed form ofauthorisation for deduction from salary of theappropriate subscription.

(c) Every new member shall be issued with a copy ofthe Rules and Constitution on acceptance intomembership.

6. CESSATION OF MEMBERSHIP(a) A person shall cease to be a member of the

Association (and the member’s name shallaccordingly be removed from the Register ofMembers) in the following instances:

(i) written resignation to the ExecutiveCommittee;

(ii) retirement or resignation from the CivilService or other employment where theAssociation represents members;

(iii) expulsion under paragraph (b) below;

(iv) cancellation of authorisation for deductionof subscription from salary;

(v) on leaving the grades catered for by theAssociation.


APPENDIX B

Rules and Constitution

(b) Notwithstanding anything elsewhere in theseRules and Constitution the Executive Committeeshall have power to expel from membership ofthe Association (and to remove from the registerof members) or suspend from membership for aspecified period or fine or censure any memberwhose actions or conduct the ExecutiveCommittee, after consultation with the BranchCommittee of the member concerned, believes tobe prejudicial to the interests of the Associationor its members. The member concerned shall beinformed in writing of the intention of theExecutive Committee to consider his or herposition and the reasons therefor, and themember concerned shall have the right to appearbefore the Executive Committee and give an oralor written statement or call others to giveevidence on his or her behalf.

(c) A member expelled, suspended, fined or censuredunder the provisions of this rule shall have theright of appeal to the next Annual DelegateConference of the Association following thedecision of the Executive Committee. Notice ofintention to appeal shall be given to the GeneralSecretary not later than one month afternotification of the decision of the ExecutiveCommittee.

(d) A person who has ceased to be a member may bere-admitted to membership on such terms andconditions as the Executive Committee, followingconsultation with the relevant Branch Committee,may determine.

(e) Notwithstanding any other provisions of theseRules, the Executive Committee may excludefrom membership of the Association any personwhose continued membership conflicts with afinding of the Irish Congress of Trade Unionsconcerning disputes between Unions on theorganisation of members.

7. ASSOCIATE MEMBERSHIP(a) (i) A person who ceased to be a member in

accordance with rule 6(a)(ii) or 6(a)(v) andsuch other as the Executive Committee maydecide from time to time, may apply tobecome an associate member, suchapplication to be dealt with in a form and amanner approved by the ExecutiveCommittee.

(ii) An associate member shall be entitled toparticipate in membership services, asappropriate, organised for members of theAssociation and shall be entitled to receiveNewsletters and the Annual Report.

(iii) Associate members shall not be entitled toattend branch meetings or Delegate

Conferences of the Association other than byinvitation and shall not be entitled toparticipate in ballots of members held inaccordance with these Rules.

(b) Members of the Veterinary Officers Associationmay be admitted en bloc to associate membershipon such financial terms as may be determined bythe Executive Committee following consultationwith the Executive Committee of the VeterinaryOfficers Association. The Association may in thiscontext provide a negotiation service to theVeterinary Officers Association.

8. MANAGEMENTThe management of the Association is vested in

(i) Delegate Conferences and

(ii) The Executive Committee

in accordance with the provisions of the Rules andConstitution.

9. DELEGATE CONFERENCE(a) (i) The delegate conference shall be the

supreme policy making instrument of theAssociation. The policy of the Associationshall be determined by the delegateconference, which shall have the power torescind or vary any decision takenpreviously by the Association.

(ii) For the purpose of these Rules the term“delegate conference” includes both annualand special delegate conferences.

(b) (i) The delegate conference shall consist of theExecutive Committee, the Standing OrdersCommittee and accredited delegates electedby and from Branches in the numbersindicated below, and notified to the GeneralSecretary:

(A) Branches with 15 members or less – onedelegate;

(B) Branches with more than 15 members –one delegate for each 15 members orpart thereof.

(ii) For the purpose of this rule, branchmembership shall be the number ofmembers at the end of the last completefinancial year. In exceptional circumstancesthe Executive Committee may specify someother date for the purpose of assessingbranch membership.

(iii) Delegates to a delegate conference shall beelected at a branch meeting to be held inaccordance with Rule 22(f) or (h). In thecase of an Annual Delegate Conference thenames and addresses of delegates shall be


notified in writing by branch secretaries to theGeneral Secretary not less than 21 days beforethe date of the Conference. The GeneralSecretary shall then issue each delegate with acredentials card, stating the name and branch. Itshall however, be in order for a Branch tonominate a replacement for any delegateoriginally nominated by that Branch, in theevent of such delegate being unable to attendconference for any reason.

(iv) Any member of the Association not being adelegate shall be entitled to attend adelegate conference but shall not speak orvote thereat.

(v) Such other persons as the ExecutiveCommittee invite may attend conference butmay not vote thereat.

(c) The Annual Delegate Conference shall be held notlater than 31 May in each calendar year on a dateand at a venue to be determined by the ExecutiveCommittee.

(d) (i) The General Secretary, not later than fifteenweeks prior to the date of the AnnualDelegate Conference, shall advise Branchsecretaries of the date, time and venue of theAnnual Delegate Conference and inviteBranches to submit nominations and motionsto form part of the agenda for the delegateconference. A Branch may makenominations for the offices of Chairperson,Vice-Chairperson and Treasurer and formembership of the Executive Committee andStanding Orders Committee to be filled at theconference and every nomination shall beaccompanied by the written agreement of theperson nominated. Subject to (iii) below,nominations and motions shall be submittedto and received by the General Secretary notlater than nine weeks prior to conference.Motions sent to the Association Headquartersby electronic mail will be deemed to bereceived by the General Secretary on thesame day as the mail was sent provided thatevidence of sending is provided by thesender.

(ii) The Executive Committee shall not havepower to make nominations but shall havepower to put down motions.

(iii) The General Secretary shall issue, not laterthan six weeks prior to the Annual DelegateConference, a draft agenda of businessincluding motions to be discussed atconference and shall invite Branches and theExecutive Committee to submit amendmentsto the motions. At the same time the GeneralSecretary shall set out the nominations

received for the offices and places on theExecutive Committee and Standing Orderscommittee to be filled. If on the due datethere are insufficient nominations for any orall of the offices or places, thennotwithstanding anything contained insubparagraph (i) it shall be open to a Branchto submit a nomination for such offices orplaces in respect of which no nomination hasbeen made. Such nominations andamendments to motions must be submittedto and received by the General Secretary notlater than four weeks prior to the conference.

(iv) A final agenda, together with therecommendations of the Standing OrdersCommittee and a copy of the annual report,shall be issued by the General Secretary to allBranch secretaries and to all delegates notlater than two weeks prior to conference.

(e) Additions to the final agenda may be accepted bythe Standing Orders Committee only when itreceives a motion deemed by it to be of suchextreme urgency and importance to the interestof the members that the matter warrantsinclusion on the agenda for conference. Any suchmotion of urgency shall be submitted to theStanding Orders Committee who shall decide onits acceptability and its place on the agenda.

(f) The business of the annual delegate conferenceshall include:

(i) Adoption of Standing Orders and StandingOrders Committee Report;

(ii) Consideration of the annual report andaccounts of the Association;

(iii) Election of officers, namely Chairperson,Vice-Chairperson and Treasurer;

(iv) Election of twelve ordinary members of theExecutive Committee;

(v) Election of Standing Orders Committee;

(vi) Consideration of motions and amendmentsthereto;

(vii) The appointment on the nomination of theExecutive Committee of an HonoraryPresident and Honorary Vice Presidents onsuch terms as may be recommended by theExecutive Committee;

(viii) Consideration of any other business as maybe submitted by the Executive Committeeand allowed by the Standing OrdersCommittee.

(g) (i) Ballot papers for elections shall be issued toeach delegate on presentation of his or hercredentials card, and to each of the membersof the Executive Committee.


(ii) A candidate for any elective office at adelegate conference may not be appointed ateller at that conference.

(h) (i) Accredited delegates and members of theExecutive Committee shall have the right tovote.

(ii) Save as may otherwise be provided for inthese rules voting at conference shall bedecided by a simple majority of accrediteddelegates showing credentials cards and themembers of the Executive Committee.

(iii) The quorum for a delegate conference shallbe one third of the total number ofaccredited delegates nominated by Branchesand notified to the General Secretary inaccordance with Rule 9(b)(i).

(i) The order of business at the Annual DelegateConference shall be determined by the StandingOrders Committee.

(j) A Special Delegate Conference shall be held:

(i) on the direction of the ExecutiveCommittee.

(ii) on the direction of a previous DelegateConference, or

(iii) within 28 days of the receipt by the GeneralSecretary of a requisition for, and statingthe purpose of, such a conference from atleast 5 branches representing at least 15%of the total membership of the Association.Each such Branch requisition must havebeen approved by general meetings of themembers in the Branches concerned.

(k) The business of the Special Delegate Conferenceshall be stated in the notice convening theconference which shall be sent to all Branchesnot later than 7 clear days before the conference.No other business shall be transacted by theConference.

(l) Names of delegates nominated by Branches forthe purpose of the Special Delegate Conferenceshall be notified to the General Secretary not laterthan one day before the conference.

(m) If a quorum is not present after one hour of thestated time for a delegate conference, theconference shall stand adjourned for not lessthan 7 days and not more than 28 days. Rule9(h)(iii) shall not apply to an adjournedconference. At least 5 days notice shall be givento Branches of the time date and venue for theresumption of the adjourned conference.

10. CONSULTATIVE COUNCIL(a) There shall be a Consultative Council which shall

consist of the Chairperson and Secretary of eachBranch or their deputies together with theExecutive Committee. The Chairperson of theAssociation shall act as Chairperson of theConsultative Council.

(b) The Consultative Council shall meet not less thantwice yearly on dates to be determined by theExecutive Committee.

(c) The functions of the Consultative Council shallbe:

(i) To act as a forum where the members may,through their council representative, maketheir views known to the ExecutiveCommittee and where the ExecutiveCommittee may obtain the membershipopinion;

(ii) To promote understanding between BranchSecretaries and between Branch Secretariesand the Executive Committee.

11. THE EXECUTIVE COMMITTEE(a) The Executive Committee shall comprise:

(i) The Chairperson, Vice-Chairperson andTreasurer;

(ii) Twelve other members elected by simplemajority by the Annual Delegate Conferencefrom nominations made by branches; and

(iii) not more than two members co-opted by theExecutive Committee. The ExecutiveCommittee, in making the co-options, shallhave regard to candidates nominated for butnot elected to the Executive Committee, tothe desirability of representations beingaccorded to smaller branches of theAssociation and as between the variousemployments where the Association hasrepresentation and of a balancedrepresentation as between men and womenon the Executive Committee.

(b) The Executive Committee shall hold office untilthe end of the delegate conference at which theirsuccessors are elected. Any vacancy shall befilled by co-option by the Executive Committee.

(c) A Special Delegate Conference convened for thepurpose may remove any one or more of theExecutive Committee by resolution. Suchresolution shall be adopted by a vote of not lessthan two-thirds of those present at theconference and voting. Upon any Executivemember or members being removed under thisrule, the conference at which the removal takesplace shall elect another person or persons to fillthe vacancy or vacancies, who shall hold officefor the unexpired term of the ExecutiveCommittee member or members so removed.


(d) The Executive Committee shall exercise thepowers of the Association in furtherance of theobjects of the Association.

(e) The functions of the Executive Committee shallinclude:

(i) management, direction and control of theaffairs of the Association in accordancewith and subject to the direction of delegateconference;

(ii) The development of policies and strategiesfor the achievement of Associationobjectives within the guidelines anddirectives laid down by delegate conference;

(iii) Determining strategy for, and participatingin, negotiations;

(iv) Controlling the pace and direction of theAssociation’s development between DelegateConferences;

(v) Considering and accepting of applicationsfor membership;

(vi) Appointing trustees as provided for in theserules;

(vii) nominating the Honorary President andVice Presidents for appointment by annualdelegate conference.

(f) The Executive Committee shall interpret the Rulesand Constitution and the Standing Orders of theAssociation where doubt or dispute may arise andshall decide on any matter not covered by theRules and Constitution. Such interpretation willstand unless the annual delegate conference orspecial delegate conference following thedecision decides otherwise.

(g) The Executive Committee shall have power toappoint sub-committees and other committees asnecessary and to define their terms of reference.

(h) The Executive Committee shall have power toappoint and dismiss the General Secretary and toappoint and dismiss any other staff as may berequired for the efficient conduct of theAssociation’s business. It shall also settle theterms of employment of the General Secretaryand other staff.

(i) The Executive Committee shall ensure that theaffairs of the Association are being properlyconducted by the General Secretary and otherstaff of the Association.

(j) The Executive Committee shall have power tonegotiate and to spend money in giving effect toAssociation policy.

(k) A quorum for meetings of the ExecutiveCommittee shall be seven members.

(l) The Executive Committee shall meet not less thanten times in a year and, so far as practicable, atleast once a month.

(m) The agenda for ordinary meetings of theExecutive Committee shall be circulated at least 3days in advance. Special meetings may be calledat shorter notice by the General Secretary inconsultation with the Chairperson or, in thelatter’s absence, with the other elected officers.

(n) The Executive Committee shall prepare andcirculate to all members an Annual Report andStatement of Accounts of the Association.

(o) The Executive Committee may invite othermembers to participate in an advisory capacityand without voting powers in any of itsdeliberations.

12. STANDING ORDERS COMMITTEE(a) A Standing Orders Committee which shall consist

of not more than six members shall be elected atthe Annual Delegate Conference.

(b) Members of the Standing Orders Committee shallhold office until the end of the delegateconference at which their successors are elected.Any vacancy arising between conferences shallbe filled by a member of the Associationappointed by the Executive Committee.

(c) A member of the Executive Committee may notat the same time be a member of the StandingOrders Committee.

(d) The Standing Orders Committee shall elect aChairperson from among its members and shallregulate its own procedures. Three shallconstitute a quorum at meetings of the StandingOrders Committee.

(e) The Standing Orders Committee shall meet withthe General Secretary prior to each delegateconference on a day to be decided by itsChairperson and the General Secretary toconsider the business proposed for the delegateconference.

(f) The Standing Orders Committee shall makerecommendations as it deems necessary inaccordance with the Rules and Constitution andStanding Orders of the Association as to the orderin which the business of each conference shouldbe taken for the purpose of the efficient conductof the conference.

(g) The Standing Orders Committee may also meet


during each delegate conference and make suchrecommendations as it deems necessary fromtime to time to facilitate the business of theconference.

(h) The Standing Orders Committee may alsorecommend procedures for the better conduct ofdelegate conferences generally. Itsrecommendation shall be considered by theExecutive Committee and decided on by a simplemajority of the delegates voting at conference. Ifadopted they shall become part of the StandingOrders of the Association.

13. ELECTED OFFICERS(a) The Chairperson, Vice-Chairperson and Treasurer

shall be elected by simple majority at the AnnualDelegate Conference.

(b) If a vacancy in the office of Chairperson arisesbetween Annual Delegate Conferences it shall befilled by the Vice-Chairperson. All othervacancies in these officerships arising betweenannual conferences shall be filled by theExecutive Committee.

(c) The respective functions and duties of the electedofficers shall be as follows:

(i) The Chairperson shall uphold the objects,aims, policy and constitution of theAssociation. The Chairperson’s principalfunctions shall be:

(A) to preside at meetings of the Consultative Council and Executive Committee;

(B) to preside at delegate Conferences;

(C) to preside at such other Associationmeetings as are appropriate;

(D) to deliver an address at the AnnualDelegate Conference;

(E) such other duties as delegate conferencesor the Executive Committee may assignto the Chairperson.

(ii) The Chairperson shall have a second orcasting vote in the event of a tie in votingon any matter other than a motion tochange the Rules and Constitution of theAssociation.

(iii) The Vice-Chairperson shall carry out theduties of the Chairperson in the absence ofthe latter and shall be regarded as theChairperson for this purpose. The Vice-Chairperson shall discharge such additionalduties as are assigned to the Vice-Chairperson by delegate conference or theExecutive Committee.

(iv) The Treasurer shall report to the ExecutiveCommittee and to the Annual Delegate

Conference on the financial affairs of theAssociation and shall ensure that properaccounts and receipts of payment of theAssociation are kept. The Treasurer mayinspect all financial books and records ofthe Association.

(d) The Officers of the Association shall ensure thatthe decisions of the Executive Committee arecarried out.

14. HONORARY PRESIDENT AND HONORARY VICE PRESIDENTS

The Executive Committee may nominate an HonoraryPresident and a number of Honorary Vice-Presidentsfor appointment by annual delegate conference. Theseoffices shall be purely honorary and shall be for suchterm as the annual delegate conference on therecommendation of the Executive Committee maydecide.

15. TRUSTEES(a) The Executive Committee shall appoint three

trustees to carry out the functions assigned tothem under these rules.

(b) The trustees shall be members of the Associationin good standing and shall not be members of theExecutive Committee.

(c) The trustees shall be appointed for a term of fiveyears, but may be individually or otherwisesuspended or removed by the ExecutiveCommittee before the end of such term. Anyvacancies arising shall be filled on thenomination of the Executive Committee.

(d) Any real or leasehold property acquired by theAssociation in accordance with Rule 4(a)(i) shallbe vested in the trustees.

(e) The trustees shall appoint the Association’sAuditor.

16. GENERAL SECRETARY AND OTHER EMPLOYEES(a) The Association shall have a full time General

Secretary and such number of other staff as maybe determined by the Executive Committee to benecessary for carrying out the business of theAssociation.

(b) The General Secretary shall be the ChiefExecutive Officer of the Association and shall beresponsible to the Executive Committee fornegotiation and representation of members’ andAssociation interests, for recruitment of newmembers and for the proper management anddevelopment of the Association, including themaintenance of minutes, records and accountsand the management and operation of systems


and procedures in accordance with the Rules andConstitution, decisions of delegate conferencesand directions of the Executive Committee. TheGeneral Secretary may, with the consent of theExecutive Committee, delegate any of thesefunctions.

(c) The General Secretary shall report to meetings ofthe Executive Committee and the ConsultativeCouncil on the business and affairs of theAssociation and has the right to speak at Annualor Special Delegate Conferences.

(d) Except where otherwise decided by the ExecutiveCommittee, the General Secretary shall not beentitled in any negotiations conducted by him orher to enter into any final or binding agreementon behalf of the Association. The GeneralSecretary shall otherwise be free to speak andshall have the same authority and status as wouldany accredited deputation or negotiating team.

(e) The General Secretary and any Deputy GeneralSecretary or Assistant General Secretaries orother staff shall be appointed by the ExecutiveCommittee. The remuneration and otherconditions of appointment of the GeneralSecretary, Deputy General Secretary, AssistantGeneral Secretaries and other staff shall bedetermined by the Executive Committee.

17. INDEMNITYThe Executive Committee shall make suitableprovision to indemnify members of the ExecutiveCommittee, the General Secretary and other staff ofthe Association against any damages or financial losssuffered by them arising from the due execution oftheir duties on behalf of the Association.

18. STRIKES AND INDUSTRIAL ACTION(a) The provision of this Rule shall apply

notwithstanding any other provision containedin these Rules.

(b) In this Rule the terms “strike” and “industrialaction” shall have the same meaning as in theIndustrial Relations Act 1990.

(c) In this Rule the term “member” shall have thesame meaning as in Rule 5.

(d) The provisions of this Rule shall apply to theRepublic of Ireland only.

(e) The Association shall not organise, participate in,sanction or support a strike or other industrialaction without a secret ballot, entitlement to votein which shall be accorded equally to all memberswhom it is reasonable at the time of the ballot tobelieve will be called upon to engage in the strikeor other industrial action.

(f) The Association shall take reasonable steps toensure that every member entitled to vote in theballot votes without interference from, orconstraint imposed by, the Association or any ofits members, officials or employees and, so far asis reasonably possible, that such members shallbe given a fair opportunity of voting.

(g) The Executive Committee shall have fulldiscretion in relation to organising, participatingin, sanctioning or supporting a strike or otherindustrial action notwithstanding that themajority of those voting in the ballot, includingan aggregate ballot referred to in Paragraph (h) ofthis Rule, favours such strike or other industrialaction.

(h) The Executive Committee shall not organise,participate in, sanction or support a strike orother industrial action against the wishes of amajority of the Association’s members voting ina secret ballot, except where, in the case of aballot by more than one trade union, anaggregate majority of all the votes cast favourssuch strike or other industrial action.

(i) Where the outcome of a secret ballot conductedby the Association or in the case of ballotsconducted by the Association and any number ofother trade unions which are affiliated to the IrishCongress of Trade Unions an aggregate majorityof all the votes cast is in favour of supporting astrike organised by another trade union, adecision to take such supportive action shall notbe implemented by the union without thesanction of the Irish Congress of Trade Unions.

(j) As soon as practicable after the conduct of asecret ballot the Association shall take reasonablesteps to make known to the members of theAssociation entitled to vote in the ballot—

(i) the number of ballot papers issued,

(ii) the number of votes cast,

(iii) the number of votes in favour of the proposal,

(iv) the number of votes against the proposal, and

(v) the number of spoiled votes.

(k) Nothing in this Rule shall constitute an obstacleto negotiations for the settlement of a tradedispute nor the return to work by members of theAssociation party to the trade dispute, and anydecision taken in accordance with this rule toorganise, participate in, sanction or support astrike or industrial action may be rescinded oramended without the necessity of a further ballotof the members concerned.


19. GENERAL BALLOT(a) A General Ballot of the members may be held to

determine the policy of the Association on anymatter. Such ballot shall be held:

(i) On the direction of a delegate conference orthe Executive Committee;

(ii) Within 28 days of the receipt by theGeneral Secretary of a requisition for such aballot from at least 5 Branches, representingat least 15% of the total membership of theAssociation, provided each such requisitionhas been approved by a general meeting ofthe members in the Branches concerned; or

(iii) Within 28 days of the receipt by theGeneral Secretary of a requisition from one-fifth of the entire membership.

(b) The Executive Committee may decide to hold aSpecial Delegate Conference instead of a generalballot within 28 days of receiving a request underRule 19 (a)(ii) or (iii).

(c) When it is determined that a general ballot ofmembers is to be held, the ballot paper, togetherwith a brief memorandum setting out theprincipal considerations for and against theproposals to be balloted on, shall be sent to eachmember at the members’ normal official location.The ballot paper shall be accompanied by astamped addressed envelope for the return of thecompleted paper. Ballot papers shall be returnedwithin 21 days of the date of issue, or suchshorter time as may be determined by theExecutive Committee and advised to eachmember with the ballot paper. The Association’sAuditor shall be responsible for the opening,counting and certification of the result of anygeneral ballot of members.

(d) Policy determined by a ballot on a simplemajority of votes cast will be binding on theAssociation as if it were a motion passed at anAnnual Delegate Conference.

20. FINANCE(a) The Executive Committee shall have overall

responsibility for the financial affairs of theAssociation.

(b) The Executive Committee shall have the power toraise funds by borrowing money on any real orpersonal property of the Association.

(c) (i) The Executive Committee shall have powerto levy members to augment the funds ofthe Association in order to provideassistance to members in dispute or for suchother purposes in accordance with theserules as the Executive Committee maydecide.

(ii) Members of the Association shall be entitledto claim financial assistance from theAssociation, at a rate to be determined bythe Executive Committee, where disputesresult in members withdrawing theirservices on the instructions of the ExecutiveCommittee or where the ExecutiveCommittee deems members to be locked-outor victimised by their employer as a directconsequence of action taken by members ofthe Association where such action has theapproval of the Executive Committee.

(iii) Legal advice for members may be financedfrom Association funds at the discretion ofthe Executive Committee where the matteron which advice is sought arises from or isrelated to the member’s employment.

(d) The financial year of the Association shall end on31st December of each year.

(e) The accounts of the Association shall be auditedannually by the auditor appointed by the trustees.

(f) All monies received as subscriptions or otherwiseby the Association shall be lodged to a BankingAccount or to Banking Accounts opened in thename of the Association as approved by theExecutive Committee.

(g) All disbursements on account of the Associationshall be drawn on such bank or banks andauthorised by any two of the Officers, i.e.Chairperson, Vice Chairperson or Treasurer.However, the Executive Committee may delegateauthority to the General Secretary or in hisabsence to the Deputy General Secretary toauthorise payments to meet the ordinary runningcosts of the Association provided they are alsoauthorised by the Treasurer or other Officer of theAssociation.

(h) The surplus funds of the Association shall beinvested in the joint names of the Trustees insuch trusts or securities including real property asthe Executive Committee may from time to timedecide.

(i) Every person having an interest in the funds ofthe Association may at any reasonable time, andon giving notice, inspect the books of theAssociation and the register of members of theAssociation.

21. MEMBERSHIP SUBSCRIPTIONS(a) The membership subscriptions of ordinary and

associate members shall be determined from timeto time by delegate conference.

(b) The subscription of an ordinary member shall bededucted from salary by authorisation of themember or in a manner determined by theExecutive Committee.


22. BRANCH ORGANISATION(a) The members of the Association shall be

organised into branches as determined from timeto time by the Executive Committee.

(b) Each Branch shall be responsible for representingand safeguarding the interests of its members atlocal level in accordance with Association policy,for the recruitment of members within itsDepartment or Office or grade, body, company orcorporation, for the representation of itsmembers’ views concerning their Department orOffice or grade, body, company or corporationand transmitting its members’ views on these andother matters to the Executive Committee and/orDelegate Conference.

(c) The administration of each Branch shall be vestedin a Branch Committee. The Branch Committeeshall consist of a chairperson, secretary and notless than one and not more than fifteen othermembers.

(d) The duties of the Branch Chairperson shall be toassist in the conduct of the business of theBranch generally, to sign all minutes and throughthe Branch Secretary to call any meeting of theBranch or Branch Committee as required, torepresent the Branch at meetings of theConsultative Council and to ensure that in theevent of him or her being unable to attend that adeputy is appointed in his or her place.

(e) The duties of the Branch Secretary shall include:

(i) Keeping branch members informed of thebusiness and affairs of the Association.

(ii) Transmitting communications between theBranch and the Executive Committee.

(iii) Advising members of the dates of AnnualDelegate Conference and arrangingmeetings as required for the purpose ofnominations for elections, motions fordiscussion at conference and election ofdelegates;

(iv) Keeping a record of all Branch meetingsand Branch Committee meetings;

(v) Notifying the General Secretary in propertime of nominations, motions andamendments and names of delegates;

(vi) Representing the Branch at meetings of theConsultative Council and ensuring that inthe event of his or her being unable toattend that a deputy is appointed in his orher place;

(vii) Providing the Executive Committee withsuch information as it may require fromtime to time.

(f) An annual general meeting of the members of

each Branch shall be held not later than tenweeks prior to the date of the Annual DelegateConference.

In the case of a Branch authorised under Rule22 (J) to substitute a Branch Delegate Meetingfor an Annual General Meeting, having regardto the geographic spread of members, theBranch Delegate Meeting will take place no laterthan four weeks prior to the Annual DelegateConference or the closing date for amendmentsto Motions on the final agenda of the AnnualDelegate Conference, whichever is the earlierprovided that

(i) A previous Delegate Meeting of the Branchhas mandated the Branch Executive to proposemotions and make nominations on behalf of theBranch for the Annual Delegate Conference.

(ii) And that the Branch Executive puts all suchmotions and nominations on the Agenda of theBranch Delegate Meeting, taking place inaccordance with the provisions of rule 22(f), forapproval by the delegation.

(g) Each member shall be given due notice of theholding of this meeting and the meeting shalldeal with the following matters:

(i) receive a report of the Branch Committee onthe activities of the Branch for the year;

(ii) Elect Branch Officers, Branch Committeeand delegates for the Annual DelegateConference;

(iii) Make nominations for the Officerships,Standing Orders Committee and ExecutiveCommittee;

(iv) Consider motions for the Annual DelegateConference;

(v) Arrange further meetings as required toconsider the draft agenda of the delegateconference and amendments to motions inthe Agenda;

(vi) Transact such other business as required.

(h) Special general meetings of a Branch shall beheld whenever the Branch Committee deems itnecessary, or in accordance with the directionsembodied in a resolution passed by a majority ofthe members present at a previous Branch generalmeeting, or on a request signed by not less thanone fifth of the members of the Branch or on theinstruction of the Executive Committee.

(i) Expenditure reasonably incurred by a Branch inthe exercise of its functions including theexpenses of delegates at the Annual or SpecialGeneral Meeting of the Branch or DelegateConference shall be paid out of the funds of theAssociation. The Executive Committee shall have


discretion to decide what is reasonable for thispurpose.

(j) Where the Committee of a Branch considers thatBranch general meetings should be replaced byBranch delegate meetings for that Branch, it shallso notify the Executive Committee in writing. Agroup of members in a branch who constitute notless than one-fifth of the entire membership ofthe Branch may also notify the ExecutiveCommittee in writing that they consider that itwould be desirable to replace Branch GeneralMeetings by Branch Delegate Meetings On receiptof such notification the Executive Committeeshall, if it is satisfied that delegate meetings arepreferable to general meetings in that Branch,having regard to the geographical spread of themembers of the Branch, conduct a ballot of themembers of the Branch to determine the views ofthe members of the Branch. The ExecutiveCommittee may agree to the substitution ofdelegate meeting for general meetings only if amajority of those members voting in the ballotvote in favour of the substitution of delegatemeetings for general meetings. Where GeneralMeetings have been replaced by delegatemeetings, the delegate meetings shall consist ofthe Branch Committee together with delegatesappointed by sub-branches of the Branch. Thecomposition of sub-branches and the number ofdelegates to be appointed by each sub-branch tothe branch delegate meetings and any otherprocedural matters involved in the holding ofdelegate meetings shall be a matter for theBranch Committee of the Branch subject to theapproval of the Executive Committee.

Branch delegate meetings, shall, where they aresubstituted for Branch general meetings, have the

same powers and responsibilities of Annual andSpecial General Meetings of branches as arespecified under these Rules and the generalprovisions of Rule 22 shall apply as if referencesto annual or special branch meetings constitutereference to annual or special delegate meetingsof branches. Where Branch delegate meetingshave been substituted for Branch GeneralMeetings, a proposal to return to Branch GeneralMeetings must be initiated and processed in thesame way as a proposal to change from BranchGeneral Meetings to Branch delegate meetings asset out in this Rule.

23. REVISION The Rules and Constitution may be amended only bya motion tabled in accordance with the rules formotions at delegate conferences, and passed by notless than a two-thirds vote of the accredited delegatesnominated by branches and of members of theExecutive Committee present and voting at a delegateconference. Any such amendments shall be notifiedto the Registrar of Friendly Societies.

24. DISSOLUTIONThe Association may be dissolved at any time bymeans of a general ballot of the members providedthat such dissolution is approved by five-sixths of themembership. In the event of dissolution any net assetsremaining after discharging all debts and liabilitiesshall be divided equally between those who weremembers at the time of dissolution. Any suchdissolution shall be notified to the Registrar ofFriendly Societies.


The following Standing Orders shall apply to allDelegate Conferences of the Association.

1. Motions

1. No motion or amendment may be discusseduntil it has been formally proposed.

2. No motion or amendment may be withdrawnexcept by the consent of Conference.

3. The proposer of a motion or amendment shallbe allowed not more than five minutes forhis/her speech and all subsequent speakersnot more than three minutes each.

4. The proposers of a motion or amendment shallbe a delegate of the Branch which hassubmitted the motion or amendment or inrespect of an Executive motion or amendmenta member of the Executive Committee. If thereis no delegate representing a Branch presentwhen a motion or amendment is due to bemoved by that Branch the motion shall fall.

5. The proposer of a motion shall be the onlyperson permitted to speak more than once onthe same motion. The proposer in exercisinghis/her right of reply may speak a second timefor not more than three minutes. Where amotion has been amended only the proposer ofthe original motion shall have the right of reply.

6. Only one motion may be before the Conferenceat any time.

7. An amendment to a motion may not be movedwhile another amendment to that motion isbefore Conference.

8. An amendment may not be moved whereStanding Orders Committee have indicatedthat in their opinion, it is a direct negative to amotion.

2. PROCEDURES MOTIONS1. Next Business

If a proposal to proceed to next business has beenmoved and seconded the proposer of the motionunder discussion shall have the right to speak inopposition and the proposal shall then be put

without further discussion. If the proposal iscarried, the discussion on the motion originallyunder discussion shall be abandoned and themeeting shall proceed to the next business on theAgenda. If the proposal is lost, the discussion onthe original motion shall be resumed.

2. Discussion to CloseA proposal that the discussion be brought to aclose shall be moved, seconded and decidedwithout discussion. If this proposal is carried, themotion or amendment under discussion shall beput and decided without further discussion otherthan a reply by the proposer of the motion. If theproposal is lost, the discussion, on the motion oramendment shall be resumed.

3. Question Now PutA proposal that the question be now put shall bemoved, seconded and decided without discussionprovided the Chairperson is satisfied that bothsides of the question have been adequatelydiscussed. If the proposal is carried, the motion oramendment under discussion shall be put anddecided forthwith without further discussion. If theproposal is lost, the discussion on the originalmotion shall be resumed.

4. Referral to Executive CommitteeA proposal to refer a motion to the ExecutiveCommittee may be moved and seconded but theproposer of the motion may have the right tospeak in opposition.

5. The acceptance of a procedure motion shall beat the discretion of the Chairperson.

3. PROCEDURE1. A delegate may not address the meeting unless

proposing, seconding or speaking to a motionexcept when raising a point of order.

A point of order may be raised on the followingissues:

(i) Incorrect procedures – implies that somemember is contravening the rules ofConference e.g. speaking longer than allowed.

(ii) Irrelevancy – wandering from subject.


APPENDIX C

Standing Orders for allDelegate Conferences of the Association

(iii) Unparliamentary language – swearing, personalabuse etc. or anything derogatory.

(iv) Transgression of Rules – Use of procedurecontrary to that laid down by Standing Orders.

2. The General Secretary and appropriatehonorary officers may present, or reply toqueries, on formal reports as appropriate.

3. The Chairperson of the Standing OrdersCommittee may make recommendations to theConference which shall be decided uponimmediately.

4. If two or more delegates offer to speak, theChairperson will call on the delegate firstobserved offering; however the Chairperson ofthe Standing Orders Committee shall, ifoffering, be accorded priority.

4. ROLE OF CHAIRPERSON1. The Chairperson at his/her discretion may

declare a motion carried by agreement unless aproposal that a vote be taken be proposed andseconded.

2. The decision of the Chairperson shall be finalupon any point as to the interpretation to beplaced upon any Standing Order, upon thepoint as to whether a motion had been carriedor rejected, and on all points of order.

3. Any member wilfully disobeying the ruling ofthe Chairperson may be suspended during theremainder of the time the motion in question isunder discussion or for the whole Conference.

4. If in the opinion of the Chairperson gravedisorder has arisen he/she may at his/herabsolute discretion adjourn the Conference fora specified time.

5. The Chairperson shall have a second or castingvote should the votes on any proposal beequally divided.

5. STANDING ORDERS COMMITTEE1. Where more than one motion deals with the

same topic the Standing Orders Committee willdraw up a composite motion covering thepoints made in the overlapping motions. Thecomposite motions be put to Conference inplace of the original motion. Standing Orders

Committee shall indicate which Branch shouldmove the motion.

Where the proposing Branch cannot agree to acomposite motion then the original motion shallbe put to the Conference in the orderdetermined by the Standing Orders Committee.

The composite motion will be indicated tomembers in accordance with Rule 6(d)(ii) for thepurpose of amendments.

2. The Standing Orders Committee may indicatethe Motions under specified sections of theAgenda, get priority in discussion and shall soindicate those motions.

If in the time allotted for discussion of thosesections of the Agenda, all the motions thereinare not reached they may be deferred to a laterstage of Conference.

3. Any motion appearing in the Agenda which hasnot been moved before the closing of theConference shall be deemed to be referred tothe Executive Committee for consideration.

6. ELECTIONElection of officers, Executive and StandingOrders Committees shall be held by way ofsecret written ballot on the basis of a singlenon-transferable vote.

7. SUSPENSION OF STANDING ORDERS1. Any of the Standing Orders for Delegate

Conferences may be suspended for a statedpurpose provided a motion to that effect isadopted by a majority of those present andentitled to vote. Such suspension of StandingOrders may not exceed 30 minutes unless aproposal is adopted by the Conferencewhereby the suspension maybe extended for aperiod not exceeding 15 minutes.

2. The Standing Orders Committee may at anytime during the meeting when it deems itnecessary, make recommendations to theChairperson that time limits be imposed onspeakers or that the order of business bechanged to facilitate the more effectiveprogress of the meeting.

3. The Standing Orders Committee will be insession and available to delegates during theperiod of Conference.



APPENDIX D

Executive Meetings: Attendances Record

There were 11 Executive Committee meetings between 29 May 2007 and 31 March2008 a further two meetings will take place in April 2008.

Attendances were as follows:

* members co-opted following ADC * * Eamon Hughes replaced Brian McGann

Name Possible AttendancesAttendances

Ciaran Rohan 11 11

Peadar Carpenter 11 10

Mary McLoughlin 11 8

Joe Allen 11 5

Tom Allen * 10 8

Lynn Broderick 11 9

Philip Crosby 11 5

Larry Dunne 11 9

Michael Flynn 11 3

John Hughes 11 8

Ray Lehane 11 10

Brian McGann ** 8 8

Brian McKevitt 11 8

Angie Noonan 11 6

Audrey O’Byrne 11 1

Conor O’Malley * 10 8

Richie Philpott 11 9

Eamon Hughes * * 3 3


APPENDIX E

AHCPS Submissions to OECD

13 July 2007

Mr Marc McManus Department of the TaoiseachGovernment BuildingsUpr. Merrion StreetDublin 2

Submission to OECD Review of the Irish Public Service

Dear Mr McManus

The Association of Higher Civil & Public Servants (AHCPS) represents some 3,330 members at seniormanagement level (Principal Officer, Assistant Principal Officer and equivalent grades) in the civil serviceand in a number of state bodies and agencies.

The Executive Committee of the AHCPS earlier this year produced a report on the decentralisationprogramme entitled Public Service Decentralisation The need for an immediate review. This report updatesthe Association’s earlier report on decentralisation Public Service Relocation Programme: An opportunitymissed and a challenge to meet which was published in March 2004.

While the Government programme to move 10,300 civil and public servants from Dublin to 53 provinciallocations is referred to as decentralisation it is simply the relocation of offices and staff from Dublin toprovincial locations.

The Association has always made it clear that we have no difficulty with a programme of voluntarydecentralisation with locations chosen on a rational public interest basis which would enhance rather thantake from administrative efficiency, Such a programme should be developed in consultation with the publicservice unions and should include payment of removal and relocation expenses and would respect the rightsand legitimate career and development requirements of public service staff and organisations. A wellthought out rational and carefully planned model of decentralisation has the potential to have benefits bothfor the community at large and for public servants. However, the Association believes that the presentprogramme is not well thought-out rational or carefully planned.

I do not propose to summarise the content of the reports, as they are included with this letter. However, Iwould like to draw your attention to the findings of the most recent report, which came to the followingconclusions:

Despite official spin, there are enormous problems with decentralisation which must be faced up to byGovernment.The entire programme is characterised by a complete lack of discussion, consultation and proper planning:

� The decentralisation agenda has never been probably debated in the Dáil. No Government memorandumaccompanied the proposals. No business case or risk assessment was carried out. No human resourceplan has been developed. No proper assessment of the financial costs and implications has beenpresented.

� The programme was formulated, and its details elaborated, without meaningful consultation with theAHCPS and the other Civil Service unions whose members would be directly affected, in the process


bypassing long-established and clearly defined partnership procedures for policy formation andprogramme planning within the Civil Service, and without.

� Although it was essential to recognise that the programme would have an impact on as many as 50,000people, this critically important dimension of the programme has been entirely ignored. The people andfamilies affected clearly deserve better.

� Relevant decisions should have been informed by systematic appraisal of the overall national impacts,and the environmental, economic and social impact on each host location. No such essential goodpractice has been followed. None of the selected locations has been justified against criteria forsuccessful regionalisation. Indeed, co-ordination with the National Spatial Strategy (NSS) is non-existent,and the opportunity has been lost to use this new element of public policy to “kick-start” the NSSprogramme.

� No answer has been given to those who fear a significant loss of organisational memory. Neither has ananswer been given to those who say that the dispersal of a majority of Departments across thecountryside runs counter both to the national interest and to international best practice.

One major result of this total lack of planning is that, within the Civil Service, only half the numbers requiredare prepared to move from Dublin to posts in decentralised locations. And in the State Agencies, thesituation is substantially worse, with virtually nobody willing to move.

Indeed, matters are even worse than this. We originally estimated, in January 2004, that only 15% of staffin Dublin would be prepared to move with their jobs to decentralised locations. We were wrong. A series ofParliamentary Questions has confirmed that across the thirty or so civil service departments and sub-departments, fewer than 10% are prepared to move out of Dublin with their jobs. Understandably, thisreluctance to move is more accentuated at senior levels.

The programme is also characterised by failure to measure, recognise and address the enormous negativeimplications of corporate memory loss and staff churning; and by failure to anticipate, and now toacknowledge and effectively address, the major problems that these pose for service delivery. Theprogramme has given rise to significant problems with respect to corporate memory loss throughout all civiland public service organisations. The scale of job churning – changing over 90% of staff, in up to 30 CivilService organisations – is appalling in terms of effective public administration. Quite simply, this goesagainst every principle of good governance that the public service is supposed to be striving to achieve.

The programme has fundamentally altered the employment conditions of all public servants, and constitutesa direct assault on their legitimate career expectations. Its negative effect on morale and personal motivationis clearly discernible, particularly at senior management and professional and specialist levels. On theindustrial relations front, “coerced voluntarism” is one of the hallmarks of the current implementation policy,and this is seen by our members as unjust.

The programme poses enormous problems for the ability of senior managers and their departments tomaintain existing levels of service to the Oireachtas (Parliament) and Government, and to the EU and otherinternational bodies; to collaborate with colleagues in their own and other departments; and to deliveroptimum service to client and customer groupings and to the public at large. The Irish public service hasrightly been lauded abroad for its ability, particularly at EU level, to ‘punch above its weight’. At a time whenthe EU has expanded to 27 Members, now more than ever Ireland needs to ensure that we are representedin Brussels by experienced public servants.

Critically, the concept of Ministers sitting in Dublin, while their senior policy advisers are scattered acrossthe country, fundamentally undermines all the principles of joined-up government and is, in the Association’sview, seriously detrimental to the public interest.

Crucially there is no meaningful estimate of the ultimate cost of the programme. While the total capital costis estimated by the Decentralisation Implementation Group (DIG) to be €900,000,000, this figure is certainto be exceeded. No proper estimates have yet been made of all the initial and continuing annual costs ofthe programme. Such estimates, when they are made, must necessarily reflect the fact that there are –between the Civil Service and the State Agencies – up to 5,000 Dublin based staff who do not wish torelocate with their jobs. At an average salary of €50,000, the cost of this situation in salary terms alonecomes to €250,000,000 per annum.


The Association has always fully recognised the potential advantages – to civil and public servants, toGovernment, to local communities and to the public at large – of a carefully planned and well executeddecentralisation programme. We have consistently stated our belief that the legitimate interests of allstakeholders will be successfully secured only by planning, and then proceeding, on a reflective andconsultative basis with a well-thought out programme of decentralisation, based on quantifiable data, thattakes real account of all possible impacts and costs.

However, the current decentralisation programme has manifestly failed to meet these preconditions forsuccess. As a result, targeted relocator numbers are way off track; the timetable for completion of theprogramme is being continuously extended; nobody knows what the programme will cost; and the entireprocess is creating, and will continue to create, problems of enormous magnitude, impact and complexity.In short, the decentralisation programme as currently specified is not working, and is not going to work.

It is our strong view that the programme must now be immediately and radically reviewed, its manyunworkable elements eliminated, and the pace and timescale of decentralisation slowed down. The purposeof this review should be:

� to ensure that standards of service delivery to the public, the Oireachtas and Government, and to thecountless other groups and individuals – in Ireland and overseas – served by Irish civil and publicservants, are maintained at their current high levels, and indeed continuously enhanced.

� to match the supply of Dublin staff willing to move with the number of posts, and the number of specificoffices, to be decentralised.

� to maintain the entirely legitimate promotion and career development expectations of civil and publicservants generally, and especially senior managers at Principal and Assistant Principal levels.

This review must specifically contemplate abandoning the proposal to move entire departments – includingMinisters, their secretariats, and their senior managers – from Dublin to scattered provincial locations.Failure to continue to base these people in Dublin will, we are convinced, be counter productive.Such a review, even at this late stage, represents the logical, rational and equitable way to create asuccessful and sustainable programme of decentralisation. We are emphatic that it should be immediatelyundertaken.

I enclose five copies each of our two reports and will be happy to discuss any aspect of the reports withyou. Additional copies of the report are available should you require them.

Yours sincerely

Dave Thomas General Secretary


31 July 2007

Mr Marc McManus Department of the TaoiseachGovernment BuildingsUpr. Merrion StreetDublin 2

Submission to OECD Review of the Irish Public Service

Dear Mr McManus

The Association of Higher Civil & Public Servants (AHCPS) represents some 3,330 members at seniormanagement level at Principal Officer (level 3), Assistant Principal Officer (level 4) and equivalent grades inthe civil service and in a number of state bodies and agencies.

The AHCPS has a long standing involvement in modernisation and change and a copy of the Association’s1995 Submission on Strategic Management to the Co-ordinating Group of Secretaries is attached forinformation. The key elements of our proposals at that time are summarised in Section 14 and it is interestingto note that most of these have been implemented and indeed formed a significant element of theGovernment’s Strategic Management Initiative. The AHCPS continues to actively support the introductionof innovative measures and our members continues to be key in terms of delivering these measures.

The AHCPS has worked with Government to create greater flexibility in Departments and to produce moredynamic work place environments. For example we have worked to eliminate departmental grades[specialist] in Departments over the last 30 years. New flexible working arrangements due to this policy nowexist in the Department of Social and Family Affairs, the Courts Service and most recently the Office of theRevenue Commissioners. Each of these organisations previously had rigid structures with strongdemarcation between grades and streams but now have single stream structures with generalists who canbe moved from area to area as the need arises.

Rather than listing all of the areas where AHCPS members make significant contributions, we have takenone area which is a key to the future, e-government. Irish citizens can do all of their business with theRevenue Commissioners on line, and similarly the Courts Service and the Department of Social and FamilyAffairs have invested heavily in providing easy computer access to their services. The Department of ForeignAffairs has also invested heavily in e-government and Ireland has been one of the first countries in the worldto introduce the biometric passport and we are in the process of allowing applicants to track theirapplication online. A significant contributory factor to the success of these projects has been a heavyinvestment in training especially at management level and the Association has always maintained that thereis a need for more management training within the civil service.

A further example of the flexibility of Irish civil servants is in our involvement in a range of internationalbodies. Civil Servants from other EU countries are surprised when they meet with Irish civil servants at thescope and wide responsibility that the managers at our level in the civil service have. Ireland is of course avery small country, and therefore the civil service is small, with only 32,000 in the central civil service. Thosecivil servants who work at international level have to deal with the same problems that the bigger civil servicenumbers of the others states must address. Ireland is recognised at EU level for punching above its weightin relation to its size. This we believe is a result of the general civil service grading structure in the Irish civilservice and the small number of compartmentalised specialist posts.

The civil service has a long tradition of providing politically impartial objective policy advice to Ministers andin fairly and equitably managing and operating schemes and services. This is at the core of democraticgovernment in this State and there should be no fudge or ambiguity about it.


Promotion at senior level is nearly all by a competitive process and competency based interviews are nownormal. There is significant mobility within Departments and with the increasing use of interdepartmentalpromotions between Departments.

The Association believes that the management structures in Departments should better involve the Principaland in particular the Assistant Principal grades in the key decision making process in Departments. At theheart of the Strategic Management Initiative process is the concept of greater devolution of responsibilityand authority and it is in this context that the expertise and experience of the Principal and AssistantPrincipal should be better harnessed going forward.

Civil Servants may at the request of or with the consent of Ministers, take a public profile and increasingly,have to answer to the Ombudsman for the Public Service or appear before Oireachtas Committee. Thepopular misconception of the anonymous unaccountable civil servant does not, especially at senior levels,reflect reality.

Our belief is that any increase in politicising policy advice would be detrimental.

Yours sincerely

Dave Thomas General Secretary


Decentralisation Implementation GroupUpdate to July, 2007 ReportThe Decentralisation Implementation Group (DIG)submitted its latest report to the Minister forFinance on 12th July last. In light of somedevelopments over the interim period, the Groupwould like to present the following update forassociation with its July report.

State Agency issuesThe Group notes with interest the recent LabourCourt recommendation in relation to the disputebetween FÁS and SIPTU. As part of theirrecommendation, the Court states that it believesthat the stated policy of effecting decentralisationon a voluntary basis could best be achieved ifindividuals who are unwilling to relocate areprovided with realistic alternative career options,which take account of the proprietary rights andlegitimate expectations which they have accruedin their current employments. The Court goes onto say that it believes that the appropriateauthorities should address the issues arising in thebroader context of decentralisation of non-commercial State Bodies overall.

This aspect of the Labour Court finding is verymuch in line with the DIG’s view. In our July report,the Group asked the Department of Finance toseek to get discussions underway with ICTU onthe range of industrial relations issues impactingon relocation including the possibility oftransferability between Agencies or betweenAgencies and the Civil Service.

A renewal of efforts with ICTU to get meaningfuldiscussions underway remains essential toachieve early progress. In the Group’s view, theLabour Court recommendation provides bothunions and management with a fresh opportunityto address this issue and to seek to make progressin relation to the relocation of each Agency. It mustbe borne in mind that over 1,000 employees of

State agencies have expressed a preference onthe CAF to relocate with either another publicservice or civil service organisation. It is notunreasonable that these applicants would expectthat their applications would have been advancedat this stage.

The Group has also asked the Department ofFinance to analyse each specific location toassess the overall number of posts to relocate, thefull potential pool of applicants if transferabilitybetween Agencies were in place in the future, thescale of the remaining staffing gap and availableoptions for filling the gap. The Group has alsoasked for an update on the scope for individualAgencies to form advance parties in the newlocations. In this regard, issues surrounding thecosts and business effectiveness of a duallocation over the transition period will need to beexamined.

The Group continues to emphasise also thecentral role of the Board and management of eachagency and that of its parent Department in drivingthis process forward.

Revenue ICT The DIG refers in its report to the concernsexpressed by the Revenue Commissionersregarding the relocation of its full ICT function toKildare Town. The DIG notes that the Chairman ofthe Revenue Commissioners has now written tothe Tánaiste setting out his views in this regard.The Group understands that the Tánaiste hasindicated that he would be prepared to considerproposals for an alternative mix of posts for theKildare location and has asked the RevenueCommissioners to bring forward proposals for thesourcing of alternative posts to ensure that theGovernment’s commitment to relocate circa 380posts to the Kildare location is delivered.

APPENDIX F

DIG Report and DIG September Update

Progress Report of the Decentralisation Implementation Group

To the Tánaiste and Minister for Finance

July 2007with

September 2007 Update from the Chairman


Update on progressThe Group notes that by end August, 2007,decentralising organisations had a presence in 29locations with approximately 1500 posts moved.The Group continues to expect that by end 2007public services will be delivered from 33 of the newlocations with over 2000 posts moved. The Groupalso notes that there are currently in excess of10,900 expressions of interest on the CentralApplications Facility (CAF).

Update on costsThe Group understands that the non-propertycosts incurred to end June amount toapproximately €9m. This reflects the significantrate of progress across decentralisingorganisations this year in furthering theirimplementation arrangements.

Update on propertyThe OPW presented an update on the propertyposition to the DIG in mid September. Theattached schedule incorporates this updatedmaterial. As the Group has already indicated, oftheir nature, construction completion dates areindicative and are subject to variables relating toplanning, finalisation of design briefs andcontractual arrangements. These, in turn, mayimpact on the phasing arrangements for theprogramme.

Finbarr Flood,Chairperson

18 September, 2007

Progress Report

of the

Decentralisation Implementation Group

To the Tánaiste and Minister for Finance

July 2007

BackgroundThe Decentralisation Implementation Group (DIG)was appointed by Government in December 2003.The ongoing role of the Group is to oversee anddrive the development of an overall, workableframework for decentralisation, with eachorganisation taking responsibility for its owndetailed implementation arrangements.The Group feels that it is again timely to reviewprogress to date and to give an updated view as tothe options for consideration and, in someinstances, the decisions required in order todeliver on the implementation of the remainder ofthe programme.

In preparing this update, the Group is building onthe recommendations and themes of our previousDIG reports. From the outset, the Group hassought to guide an orderly and timelyimplementation of the full programme while alsomaintaining business continuity within an agreedcost framework. The Group focused primarily onthree pillars of the implementation arrangements –availability of staff, business continuity andprogress on accommodation.

The Group mapped out phasing arrangements forthe programme. This approach to managing the

timeframes has been helpful in enabling a numberof organisations to move early while also ensuringadequate time is taken to manage the sometimescomplex issues arising for a number of otherorganisations on the staffing, business or propertyfront. The Group selected 21 first phase locationson the basis of an assessment of progress onproperty acquisition, numbers applying andbusiness readiness to move. The selection wasinformed by the implementation plans prepared byeach organisation and the Group’srecommendations were accepted by theGovernment. The Group has also put indicativetimeframes on a further 24 second phaselocations.

From the outset the focus of the Group had beento urge prompt action on those elements of theprogramme most amenable to early relocation. Ithas in parallel taken the opportunity in each of itsreports to assess the remaining challenges and,where appropriate, to put forward practicalrecommendations to assist in overcoming thoseobstacles.

The original Government announcement referredto the transfer of 10,300 posts to 53 locations.


� 6,200 (60%) civil servants – general service including ICT

� 1,000 (10%) civil servants – professional & technical

� 2,300 (22 %) State Agency posts

� 800 other including HSE, Garda and Defence Force personnel

Over the intervening period, the scale of theprogramme has increased to 59 locations withover 10,900 moves now proposed. For ease ofreference, an overview of the programme bycounty and town is attached at Appendix 1. Theincrease in overall numbers since theannouncement of the programme arises becauseof additional locations/bodies being added to theprogramme and changes to businessfunctions/posts to be decentralised.

Progress to dateIn general, the Group continues to be of the viewthat the civil service part of the programme isprogressing satisfactorily. However, some otherelements are continuing to prove challenging,especially those relating to the State Agencysector.

Pace of movement 2007 – By end June 2007 decentralisingorganisations had established a presence in over20 new locations with over 1,000 staff in place. Itis envisaged that by the end of 2007 publicservices will be delivered from 33 of the townsinvolved in the Decentralisation Programme withover 2,000 posts transferred from Dublin to theregions.

2008/2009 and beyond – The latest OPW updateon accommodation allows for the plannedmovement of up to 6,800 staff by end 2009. Thisrepresents largely the civil service elements of theprogramme. The achievement of this target willrequire continued focus by all organisations ondriving forward their implementationarrangements.

CAF applicantsIn excess of 10,600 civil and public servants haveapplied on the Central Applications Facility (CAF)to decentralise. Approximately 50% of theapplicants are currently based in Dublin with thebalance currently in provincial locations. Managingthe number of CAF applicants in existing provinciallocations adds to the complexity of theimplementation arrangements.

AssignmentsAlmost 40% of the 7,200 Civil Service posts due torelocate under the full programme are now filled by

staff who are either in their new decentralisedlocation or are being skilled up in their new jobsprior to moving. In addition, over 600 State Agencystaff have been placed by way of recruitment andpromotion in posts which are due to relocateunder the programme. This representsapproximately 25% of State Agency posts in theprogramme. The Group wishes to acknowledgethe significant efforts that Departmental/Agencymanagement and staff have made to ensure thatthe turnover of staff of this magnitude has beensuccessfully achieved, while also ensuringbusiness continuity and quality service to theircustomers.

Business planningAll Departments, Offices and Agencies haveproduced implementation plans setting out thedetailed arrangements they are putting in place forrelocation while also ensuring business continuityand effective delivery of services to customers.Most of the plans are comprehensive and theirpreparation involved detailed reviews of businessprocesses as well as the logistics of the move. TheGroup has reviewed progress periodically and hasmet with the Secretaries General and a number ofCEOs of decentralising organisations to discussissues arising.

The Group is satisfied generally that a prudentapproach is being taken by Departments andOffices in relation to assessing the risks involvedand the adoption of appropriate measures tomanage business risk and to ensure continuedsmooth running of public services.

Property Sites or building acquisition has now beencompleted or is significantly advanced in 38locations. Progress is continuing in relation to theidentification of suitable sites or properties in theremaining locations.

In addition, advance accommodation has beensecured or is in the process of being finalised inover 20 locations to enable early moves to takeplace while the permanent accommodation isbeing progressed. These advance moves help tofurther the decentralisation programme by buildingmomentum within Departments, assisting withbusiness continuity and providing opportunities toassign staff currently located in provincial officesto their new posts without the requirement forlengthy training periods in Dublin.

IR Progress Civil Service General Service - Across the civilservice, transfers, recruitment and promotionpractices generally are being managed in a waywhich facilitates the achievement of the


decentralisation programme in an efficient mannerwhile also recognising the needs of those civilservants staying in Dublin. The Civil ServiceGeneral Service unions are continuing to engagemeaningfully in discussions on all aspects of theimplementation arrangements.

Industrial relations issues in relation to theprofessional & technical posts and the relocationof State Agencies are addressed later in thisreport.

Analysis of Civil Service LocationsThe following analysis looks at Civil Servicelocations. The over-arching issues touching onimplementation are addressed later in the report.

In coming to a view on progress achieved to dateand remaining challenges to be overcome, theGroup has had a detailed look at the current stateof play in each of these locations under thefollowing headings:

i) the original plan and the current numbers ofposts now proposed;

ii) the latest CAF information available on firstpreference applications for each location;

iii) the Group’s timeframe for relocation asagreed by Government;

iv) any up to date information from theorganisation in question;

v) business issues arising;

vi) the latest property position and costscommitted;

vii) staff assignments made to date;

viii) staffing gaps remaining to be addressed;

The Group considers that the Civil Service GeneralService elements of the programme are well ontrack and should be fully achievable over theperiod ahead. The Group has come to this viewbased on the proactive approach of theorganisations concerned, the degree of progressalready evident, progress made in preparing forthe transfer of the business, the take-up amongCAF applicants and the availability ofaccommodation.

In the case of a small number of locations theGroup considers that certain initiatives in the areaof staffing are required to proceed to fullimplementation as the CAF uptake for theselocations is currently low. In looking at availableoptions, the Group has examined turnover atClerical Officer (CO) and Executive Officer (EO)grades and has concluded that the level ofrecruitment required to complete the staffingcomplement at these grades is feasible over a

reasonable period without adding to Civil Servicenumbers overall.

A number of promotions across the grades willalso be necessary to fill the remaining staffinggaps in certain undersubscribed locations. TheGroup recommends that the Department ofFinance should now put the necessary steps intrain to free up local recruitment where necessary,and to initiate, where appropriate, arrangements tofill gaps by promotion in consultation with therelevant unions.

This approach will provide certainty on thearrangements for the filling of remaining gaps andwill enable final decisions to be taken by the OPWin relation to property / construction options forthese locations. As part of their ongoingmonitoring of implementation arrangements, theGroup has developed an approach to assessingproposals to proceed to construction in each ofthe second phase locations. This approachrequires an assessment of both the overall CAFposition, the remaining staffing gaps and plans inplace to fill those gaps, together with anassessment of progress made in placing staff whowish to remain in Dublin in appropriate posts. Anassessment of the organisation’s businessreadiness to move is also an important element ofthis decision making process.

The Group considers that in locations wherecompletion of a staffing complement requires asignificant number of promotions, it may benecessary to phase the move over a longer periodthan previously indicated. This would ensure thatbusiness continuity and staffing issues arising areaddressed including the allowance of adequatetime to place staff who wish to remain in Dublin inappropriate vacancies. Decisions taken in thisregard may of course have implications for thetotal number of posts moved by end 2009.

Staff Remaining in DublinThe Public Appointments Service is operating asystem to match Dublin based vacancies withpeople wishing to remain in Dublin. AllDepartments and Offices have prepared detailedstaffing plans setting out the phased release ofstaff over the transition phase of the programme.The highest numbers of civil service staff are in theclerical grades which have a high turnover rate.The level of turnover in these grades is such that itis not anticipated that that there will be difficulty inplacing staff at these grades in posts in Dublin.

While the take-up of decentralising posts is lowerin the AP/PO grades the overall numbers of staff isalso lower. From the data provided byDepartments and Offices on expected numbers of


staff at these grade levels to be placed in Dublinposts, it is expected that these staff can beabsorbed over time into posts in Dublin althoughthe pace of absorption is likely to extend over areasonable period of time.

This element of the programme is of courseclosely inter-linked with timeframes for relocation.Any initiatives to fill remaining gaps inundersubscribed locations, alterations to themake-up of staffing contingents or movements intimeframes will impact also on the pace ofassignments required in Dublin. The Groupconsider it essential therefore that this element ofthe programme is monitored closely as theprogramme progresses so as to ensure that theinterests of staff remaining in Dublin continue to befully aligned with other developments in theimplementation arrangements and that anyadditional costs arising are identified.

The continued success of the implementation ofthe Government programme requires the full co-operation of all organisations in reassigning staffas required. The Group is aware that there hasbeen some reluctance among decentralisingDepartments to release staff to Dublin based postsin other organisations. The reasons for this arevaried. However, this is an essential step inensuring that opportunities to place staff who wishto remain in Dublin are maximised. The Groupwishes to see all organisations co-operate fullywith this aspect of the Dublin Arrangements.

Professional & Technical Posts in the Civil ServiceThere are approximately 950 professional &technical posts included in the programme.

Approximately 750 professional & technical staffhave expressed an interest on the CAF indecentralising. These applications are distributedas follows:

� In the case of approximately 180 applicantsthere is a direct grade match between the postand the applicant;

� A further approximately 190 are former highertax officers and tax officers who are eligible totake up general service posts under anagreement reached with the civil serviceunions;

� In the case of the remaining 370 applicants,the applicants have applied to organisationswhich do not currently have any posts in theapplicant’s particular profession or technicalspeciality.

In addition, by end April last, approximately over60 staff have been recruited or promoted into

professional & technical posts with a requirementto decentralise. This creates a potential pool ofapprox 240 professional & technical staff currentlyavailable to fill the 950 posts decentralising. Thisrepresents over 25% of the total numbersrequired.

From the outset, the Group recognised thatdelivering on the professional & technical elementsof the programme would present particularchallenges. These arise primarily because of thelow take-up of professional & technical staff fordecentralised posts, the specialist nature of manyof the posts and the absence of any tradition ofcross-stream movement among these grades.

Each of the reports of the Group to date hashighlighted these issues and recommendedparticular actions to address these challenges.The Department of Finance has updated theGroup regularly on progress on the industrialrelations front.

The Group understands that there has been somepositive engagement with the relevant union in thecase of individual organisations. The Group notesthis case by case approach and supports thisinitiative.

The passage of time has allowed somerecruitment and promotion opportunities to befilled in a manner which furthers thedecentralisation objectives. Nonetheless given thescale of the remaining gap in a number oflocations, the successful implementation of thiselement of the programme will most likely takeplace over an extended timeframe. The costimplications and business impacts of managing atransition period will need to be taken fully intoaccount in negotiations with the unions in relationto each of the organisations concerned.

Information Communications TechnologyThe Group has recognised the particularchallenges in implementing the ICT elements ofthe programme. In its last report, the Groupproposed to discuss the range of implementationissues with the Secretaries General of theorganisations concerned and to revert to theMinister with options for a feasible way forward.Under the programme, 3 Departments are due torelocate approximately 840 ICT posts – Revenueto Kildare Town (378 posts), Social & Family Affairsto Drogheda (262 posts) and Agriculture toPortlaoise (203 posts). The Group has now metwith each of these organisations.

The Revenue Commissioners have signalled to theGroup that in their particular circumstances, andtaking account of the fact that their Headquarters


(HQ) will remain in Dublin, they have fundamentalconcerns about the business risks involved inrelocation of the full ICT function to Kildare. TheGroup accepts that the Office of the RevenueCommissioners need to weigh carefully the extentof this potential risk to their core businessfunctions and to then present their views to theMinister for Finance in this regard.

The Group is of the view that the ICT moves toDrogheda and Portlaoise are achievable but thatsuccessful completion of the moves in each casewill require a decision on necessary steps to fillremaining gaps. In coming to this view, the Grouphas noted that in each case the HQ of theDepartment will be co-located with the ICTfunction and that the Departments themselvesregard co-location of the HQ and ICT functions asthe optimum business arrangement.

Early progress in discussions with the unions onthe range of issues impacting on the ICT moves,recruitment, promotions and arrangements forstaff remaining in Dublin are critical to furtheringimplementation. The Group would also like to seeprompt implementation of the trainingarrangements, skills matrix and handoverprinciples developed by CMOD to support thedecentralisation process.

Data Centres The Group asked the OPW to chair a workinggroup to review the options in relation to thelocation and management of data centres. CMODcarried out extensive research on various datamanagement options and came to the followingconclusions:

� In a changing international regulatory regimegoverning data access and collection, it isbecoming increasingly difficult for privatecompanies to give robust assurances to theIrish State that its data would not be subject toaccess by the security agencies of othercountries;

� Loss of business knowledge and failures ofoperational integrity are more likely to occur ifdata services are managed in isolation from anorganisation’s key operating functions;

� Experience to date with outsourced datamanagement centres has revealed a high levelof supplier inflexibility in coping with therequirement of State bodies within theconfines of rigid service level agreements anda general high cost level within the industry;

� Departments have specific logisticalrequirements, ancillary business functions andlarge scale legacy systems, which do not fitwell with commercially managed data centres.

On this basis, the working group considered howbest to supply data management services fromwithin the State sector in a cost effective andefficient manner. The main conclusions of theworking group are as follows:

� For security and business continuity reasons,it is essential that two Data Centres bebrought into use in parallel to maintain criticaloutput should all or part of one of the Centresgo off-line;

� Disaster recovery was considered to be bestserved by a third remote centre – this wouldbe the subject of a separate project;

� Technical constraints related to the need forreal-time transfer require that the maximumfibre-optic cable run between the two DataCentres cannot exceed 28km;

� Given the proposed location of the ICT staffcentres post decentralisation Dublin would bethe preferred location for the Centres.

This Group accepts the conclusion of the workinggroup and has asked that the analysis be taken tothe next stage i.e. the appraisal stage include thecosting and cost benefit analysis of the proposal.This would include an examination ofopportunities to offset costs as part of anyproperty solutions for the centres.

State AgenciesState Agencies represent 2300 posts or just over20% of the programme. The pace of progress inthe State Agency part of the programme continuesto be slow. The Group have commented on thedifficulties in achieving progress on this aspect ofthe programme in a number of our previousreports.

There are a number of inter-related factors whichhave served to frustrate progress in relation to theState Agency part of the programme. It is clearfrom the outset that some of the unions involvedhave adopted a stance of opposition to theGovernment policy and have therefore beenreluctant to become involved in meaningfulnegotiations on implementation arrangements.This has also led to an effective boycott of the CAFprocess in many Agencies.

The Group has always emphasised the central roleof the Board and management in each Agency indriving this process forward. The Group wouldconsider that all Agencies should now, at aminimum, have initiated HR recruitment policies tosupport the programme, have begun to putphased timeframes in place and be activelysecuring advance and/ or permanent


accommodation solutions in the decentralisedlocation.

We also recognise the key industrial relationsissues impacting on progress. In our report ofOctober last, the Group asked the Department ofFinance to seek to get discussions underway withICTU on the range of industrial relations issuesimpacting on relocation including the possibility oftransferability between Agencies or betweenAgencies and the Civil Service. We understandthat ICTU has responded indicating that furtherconsultation with its members will be required.Given that the programme is now operational formore than 3 years, the Group is disappointed withthis outcome.

There is now, in our view, a need to re-energisethis aspect of the programme in order to makeprogress in relation to the relocation of eachAgency.

As with the other sectors included in thedecentralisation programme, the Group considersit important that the State Agencies are examinedon an individual basis to establish the degree towhich early progress is possible in each case andthe timeframes for full achievement of therelocation plan. In this regard, the Group hasinitiated a series of meetings with the CEOs ofindividual Agencies and the Secretary General ofthe parent Department in each case. Inconsidering options for successful completion ofthis element of the programme, the Groupconsiders the following issues to be of relevance:

� Approximately 50% of the overall posts arespread across just 4 State Agencies –Enterprise Ireland (292), FÁS (383), FáilteIreland (178) and Ordnance Survey Ireland(199). An individualised approach to seekingsolutions to the challenges in each of theseorganisations is a necessary next step toprogressing the State Agency element of theprogramme. The Group notes the efforts FÁShave made to move the programme forwardand understands that an agreed date isawaited for the Labour Court hearing of theongoing industrial relations issue.

� A renewal of efforts with ICTU to getmeaningful discussions underway is essentialto achieve early progress.

� Any analysis of specific locations needs totake account of the overall number of postsplanned, the full potential pool of applicants iftransferability between Agencies were in placein the future, the scale of the remainingstaffing gap and available options for filling thegap.

� The structure of each organisation and themake-up of the staffing component betweenspecialists and general managerial /administrative staff will impact on the optionsavailable to place remaining staff in Dublin.

� The scope for individual Agencies to formadvance parties in the new locations and theissues surrounding the costs and businesseffectiveness of a dual location over thetransition period should be examined.

The Group will also press ahead with the processof engagement with individual Agencies set outabove with a view to agreeing a realistic timescalefor completion of each move whether on a phasedbasis or as one single relocation project.

CostsProperty costs - The estimated gross cost of theproperty aspects of the original decentralisationprogramme was €900m at the outset of theprogramme (2004 prices). This was based onprovision of accommodation for €10,300 staffoutside of Dublin.

The overall number of staff for whichaccommodation is required has increased sincethe announcement of the programme due toadditional bodies and locations being added to theprogramme (390 posts), changes to businessfunctions of certain organisations (260 posts),additional space required for worksharing staff,planned future expansion, consultants, etc. (150)and consolidation of certain existing regionaloffices into new buildings (270). From the costsincurred to date, the OPW anticipates that thedirect cost of providing accommodation for thisincreased number of staff will be contained withinthe overall envelope.

Disposal of property in Dublin - While the majorityof posts have not yet moved from Dublin, the OPWhas been able to dispose of property in Dublinbeing held for future expansion because theannouncement of the decentralisation programmeclarified that most future expansion of Civil Serviceaccommodation would not be in central Dublin.Total income from such property disposed ofbetween January 2004 and December 2006 was€362.5 million. In addition property valued at €75million was transferred to the Affordable HomesPartnership. It is expected that over 50 million willbe realised by central Dublin disposals in 2007alone and further large disposals are planned from2009 on depending on progress with staff moves.

Non-property costs – As expected, non-propertycosts have been increasing since the beginning of2007 as more advance accommodation is inplace, staff training has increased and actual


moves have taken place. At end March 2007, thetotal non-property costs incurred amount toapproximately €6.8m.

Operating in a Decentralised Public Service EnvironmentThe Group has referred in our previous reports toconcerns expressed that decentralisation couldimpact on the role of the Civil Service insupporting Government and the Oireachtas. Thisis a matter that will need to be addressed by theDepartments of Finance and An Taoiseach as partof the ongoing Civil Service modernisationprogramme. We understand that some preliminaryconsideration has already been given to the issueand will need to be advanced further to ensure thatthere will be no reduction in the Civil Servicesupport for Government and the Oireachtas takingaccount of decentralisation and of the ongoingdevelopment of cross-departmental collaborationand joint working arrangements. The Group hasasked to be kept informed of progress in thisregard.

The Group has also been advised by the OPW thatinitial proposals are being drawn up in relation tothe provision of shared office facilities for the useof Ministers and Departments when they arerequired to attend to business in Dublin. As thefirst of the Headquarters of Departments will berelocating in 2008, the Group considers it essentialthat early progress be made on all of these issues.The Group is clear that these facilities in Dublin arenot intended to duplicate the Departments’ officesin the decentralised locations and that briefs ofrequirements will represent the absolute minimumnecessary to support the Minister while in Dublin.

In relation to the development of HR policies, theGroup understands there has been considerableprogress in relation to regional recruitment at COlevel. It now urges the Department of Finance todevelop these initiatives further in association withthe Public Appointments Service. The Group alsoconsidered it important that the concepts ofregional mobility and regional promotion pools areurgently explored by the Department of Finance inassociation with the relevant unions to ensure afull career structure for all civil servants within aparticular region.

ConclusionThe Group believes that the implementationarrangements for the decentralisation programmeare generally progressing well.

In particular, we are of the view that the CivilService General Service elements of theprogramme can be achieved subject to some

flexibility in the areas of promotions and localrecruitment. We are also satisfied that it isdesirable that the main ICT functions are co-located with the HQs of the respectiveDepartments and believe that these moves can becompleted over a period once the plans for fillingskills gaps have been agreed with the relevantunions.

In relation to the Dublin arrangements, we wouldcontinue to urge Departments to co-operate fullyand promptly with arrangements for placing thosestaff who do not wish to decentralise. While weappreciate that there might be some reluctance torelease experienced staff, it is in the interests ofboth the organisation and the staff concerned thatthe full transition phase of the programme is usedin placing Dublin staff.

In the case of professional & technical staff, wenote the continued engagement by theDepartment of Finance and the relevant union toaddress outstanding issues on a case by casebasis. We will continue to monitor progress in thisarea and will bring to the attention of the Ministerany issues arising.

The Group has an ongoing concern about thepace of progress in the State Agencies. We wish toreiterate the central role of the Board andmanagement in each Agency in driving thisprocess forward. As mentioned earlier in ourreport, we would consider that all Agenciesshould, at a minimum have initiated HRrecruitment policies to support the programme,have begun to put phased timeframes in place andbe actively securing advance and/or permanentaccommodation solutions in the decentralisedlocation. We will continue our programme ofdiscussions with individual Agencies. There is alsoa need to engage further with ICTU on the widermobility aspect.

The availability of advance and permanentaccommodation has been a key driver of theprogramme to date. The Group will continue towork closely with the OPW to ensure that thetarget timeframes for delivery of completedaccommodation are met.

The Group welcomes the update from the OPW inrelation to the overall costs of the property aspectsof the programme and notes that full delivery ofthe original programme is still anticipated withinthe original envelope of 900m in 2004 prices.

The Group acknowledges that the postdecentralised civil service must be in a position tocontinue to make an effective input into policyformulation and legislation and to discharge itsrole of supporting Ministers and Government and


the Oireachtas. Some adaptation to businessarrangements may be required for this purpose.The Group has asked to be kept informed ofdevelopments in this area as it is addressed by theDepartments of Finance and An Taoiseach as partof the ongoing Civil Service modernisationprogramme.

Finally, the Group wishes to acknowledge thecontinued superb contribution of the management

and staff of the organisations involved in theprogramme. The degree of progress achieved todate is testament to the professional andconscientious approach being adopted tosuccessful implementation of what is a complexand large scale programme.

Decentralisation Implementation GroupJuly, 2007


APPENDIX G

General Council Staff Panel Annual Report 2007









Appendix A of the Staff Panel Report




Appendix B of the Staff Panel Report


Appendix C of the Staff Panel Report


Appendix D of the Staff Panel Report


APPENDIX H

FÁS SIPTU Labour Court Finding on Decentralisation

RECOMMENDATION NO. LCR18974

INDUSTRIAL RELATIONS ACTS, 1946 TO 2004SECTION 26(1), INDUSTRIAL RELATIONS ACT,

1990

PARTIES:

FÁS - AND -

SERVICES INDUSTRIAL PROFESSIONALTECHNICAL UNION

DIVISION:Chairman: Mr Duffy Employer Member: Mr Murphy Worker Member: Mr Nash

SUBJECT: 1. Contracts for staff on promotion.

BACKGROUND:2. Under the Government policy for thedecentralisation of Civil Service Departments andState Agencies, Birr, Co. Offaly was identified asthe proposed site location for the new FÁS HeadOffice. In order to facilitate this move FÁS includeda decentralisation clause in any new employmentcontracts and contracts for promotion within or totheir Head Office. With regard to contracts forpromotion, the Union contends that this action iscontrary to the voluntary nature in whichdecentralisation should occur.

The dispute could not be resolved at local leveland was the subject of a Conciliation Conferenceunder the auspices of the Labour RelationsCommission. As agreement was not reached, thedispute was referred to the Labour Court on the13th September, 2006 in accordance with Section26(1) of the Industrial Relations Act, 1990. ALabour Court hearing took place on the 2ndAugust, 2007

UNION’S ARGUMENTS:3. 1 The decentralisation clause in FÁS contractsis a tool of compulsion to increase the numbers forBirr, Co. Offaly. This action would not be in linewith the Government’s position on the voluntarynature of decentralisation. The Labour Court haspreviously noted the voluntary nature of the

decentralisation policy in LCR 18473. If acompulsory decentralisation is realised by way ofpromotion, the Union’s members in Head Officewill be discriminated against and treated unfairlywhen it comes to promotional opportunities.

2. The utilisation of such contracts on foot ofpromotion or transfer is not happening in otherState Agencies. There are many social, family andpersonal costs associated with such proposedcompulsory decentralisation on foot of promotion.The Union accepts the clause’s inclusion in newemployees contracts as they are aware of theproposed move.

3 FÁS acknowledges that promotions is not theanswer to the lack of interest among its staff torelocate to Birr. The removal of promotionalopportunities to staff in Head Office wishing toremain in Dublin only serves to de-motivate them.

COMPANY’S ARGUMENTS:4. 1 Constructive negotiations have taken place inthe broader Civil Service and agreement has beenreached on how decentralisation is to beimplemented. This includes agreement on theinclusion of a decentralisation clause in all newcontracts and in a proportion of promotionalcontracts. The principle of employment contractsbeing conditional on acceptance ofdecentralisation is therefore established andaccepted elsewhere.

2. The staffing of the new FÁS Head Office in Birris a major challenge and it will be difficult toachieve. FÁS is a stand alone organisation. It doesnot have the same flexibility in terms of staffnumbers or movement that applies in the CivilService.

3. FÁS must have recourse to every possiblemechanism to bring about the movement of staffto the new location. The decentralisation clause iscritical in order for FÁS to staff a Head Office inBirr.

RECOMMENDATION:This dispute came before the Court against thebackground of a Government decision to relocate


the FÁS Head Office to Birr Co Offaly. It isacknowledged that the vast majority of staffcurrently located at the Head Office in Dublin areunwilling to move to Birr and that there is littlelikelihood of any significant change in thatposition.

FÁS wishes to introduce a requirement that staffmembers who obtain promotion or transfer to aHead Office post commit to relocating to Birr asand when required. This, it is submitted, is in linewith the practice in the Civil Service and isrequired by Government policy. The Union isopposed to the proposal and contends that it isincompatible with the stated voluntary nature ofthe decentralisation process.

In its consideration of this case the Court hastaken full account of the Government policyunderlying the disputed requirement. However, inaccordance with well established practice, theCourt must formulate its recommendation basedon its own independent view of the merits of thearguments advanced by both parties, asmeasured by accepted standards ofreasonableness and good employment practice.

It is clear to the Court that the potential for careerprogression is an important feature of the generalemployment conditions of FÁS staff. While noemployee can claim a right to promotion as acondition of employment, FÁS staff do have a rightto compete for such promotional opportunities asarise within the organisation. They also have aconcomitant right, under existing agreements, tobe judged on suitability and merit alone in thecompetitive process.

FÁS say that the transfer of staff to Birr will, inaccordance with stated Government policy, be ona voluntary basis. That must mean that staff havea right not to move. However, if they exercise thatright they would be effectively denied access topromotions to which they could otherwise aspire.Thus, in practice, the overriding criterion forpromotion would be a willingness on the part ofthe candidate to relinquish his or her rights not totransfer. Given the importance of careerprogression to those involved, such a state ofaffairs is, in the Court’s view, incompatible withany reasonable notion of voluntarism.

There are other consideration of relevance to thiscase. Firstly, FÁS was influenced, to a significantdegree, in applying the disputed contractual termsby the introduction of a similar provision in the civilservice. In the Court’s view decentralisation is

likely to have a materially different impact on thecareers of FÁS staff than in the case of CivilServants. There is an obvious difference in scalebetween both employments. This, coupled withthe possibility of inter-departmental competitionsin the Civil Service, provides significantly greateropportunities for promotion in GovernmentDepartments than are available in FÁS. Secondly,FÁS acknowledges that even if its proposal toconfine all promotions at Head Office to thosewilling to transfer were to be fully implemented itwould have a minimal impact on the numberslikely to accept relocation to Birr. Yet, theorganisation’s persistence in seeking to apply thisprovision has generated considerable acrimonybetween the parties, which has impeded progressin addressing the dominant issues relating to theredeployment of staff who are unwilling toparticipate in the decentralisation programme.

For all of these reasons the Court recommendsthat FÁS should not proceed with the introductionof the disputed contractual term at this time.

The Court does, however, believe that the broaderissue of decentralisation, as it affects StateBodies, must be advanced in a way which takesaccount of the peculiar circumstances of thoseBodies and their staff. In particular the Courtbelieves that the stated policy of effectingdecentralisation on a voluntary basis could best beachieved if individuals who are unwilling torelocate are provided with realistic alternativecareer options, which take account of theproprietary rights and legitimate expectationswhich they have accrued in their currentemployments.

The Court believes that the appropriate authoritiesshould address the issues arising in this case inthe broader context of decentralisation of the non-commercial State Bodies overall. The focus ofthese discussions should be to identifyappropriate career alternatives for those whoexercise their right not to relocate from theircurrent geographical base.

Signed on behalf of the Labour Court

Kevin Duffy21st August, 2007 DN Chairman


APPENDIX I

Minutes of AGM & Annual Report ofIrish Congress of Trade Unions


















Press Release





NOTES

Association of Higher Civil and Public ServantsComhlachas na Sheirbhíseach Uachtarach Stáit agus Poiblí

OFFICERS’ REPORT ANDFINANCIAL STATEMENTS

for year ended31st December 2007

Friendly Society Registration Number: 591T

Power & Associates, Chartered Certified Accountants, Registered Auditors1 Sussex Street, Dun Laoghaire, Co. Dublin

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Documents

Association of Higher Civil and Public Servants Comhlachas ... · 1974/75 M.Kilcullen M.Corcoran M.F.Fahy T.J.Mooney ... 2002/2003 Patrick Dowling Seamus Molloy [deceased] Liam Kelly