806. Deputy Ken O'Flynn asked the Minister for Justice, Home Affairs and Migration in circumstances where the Irish Prison Service has not been established on a statutory basis, the person or body that constituted the 'relevant authority' under the Department of Finance Circular 22/2007 for determining an application by a prison officer for retirement on grounds of ill health since 2019; the authority to make the final decision vested or delegated; and if he will make a statement on the matter. [64177/26]

I am advised by my officials in the Irish Prison Service that the criteria and procedures required for an employee to retire on grounds of ill health are set out in Circular 22/2007: Ill-Health Retirement from the Civil Service.

I am further advised that where a civil servant applies to retire early on the grounds of ill-health he or she must provide the Chief Medical Officer (CMO) with a completed Ill-Health Retirement form along with a medical report detailing his/her diagnosis, treatment and prognosis. The CMO will arrange for the civil servant to be medically examined and may also arrange for an outside specialist opinion if the CMO feels that this would be of benefit. If the CMO is of the opinion that the civil servant is incapable on medical grounds of regular and effective service and that the situation is likely to be permanent, then the CMO will sign the relevant part of the Ill-Health Retirement form and return the form to the civil servant's Department/Office.

In all cases, the final decision on whether or not a civil servant is granted ill-health retirement, lies with the relevant appropriate authority having received the advice of the CMO. The appropriate authority for the Irish Prison Service (IPS) is vested with the Personnel Officer assigned to the IPS HR Directorate.