Public service disqualification list
The Minister said records are kept of people disqualified under the Offences Against the State Act, with about 300 convictions noted. There is no formal appeal, but affected people may make representations; only the Government may remit a disqualification.
asked the Minister for the Public Service if a list of names exists in the public service debarring persons from holding positions in the public service; and, if so, the number of persons on the list and in what circumstances and on whose say-so persons are placed on this list.
Comment on this
Arrangements exist for recording disqualifications under section 34 of the Offences Against the State Act, 1939. This section provides that persons convicted by the Special Criminal Court of scheduled offences under that Act shall be disqualified for holding, within seven years of the date of such conviction, any office or employment remunerated out of the Central Fund or moneys provided by the Oireachtas or moneys raised by local taxation or in or under or as a paid member of a board or body established by or under statutory authority. Approximately 300 persons have been so convicted in the last seven years.
Comment on this
Is there an appeal system available for people who feel they have been unjustly debarred from appointment?
Comment on this
There is no formal appeal system but it is open to any person who is affected to make representations in regard to his position.
Comment on this
The relevant section of the Act provides that the Government may in its absolute discretion remit in whole or in part any disqualification incurred.
Comment on this
Is the removing of a name from that list, if the person feels he is unjustly on it, a function of the Minister for the Public Service?