Disability Act 2005

Employment in public service.

47

47.—(1) A public body shall—

( a) in so far as practicable take all reasonable measures to promote and support the employment by it of persons with disabilities,

( b) have regard to any relevant codes of practice approved under section 50 and section 10A of the Act of 1999 by the relevant Minister.

(2) A public body shall ensure, unless there is good reason to the contrary for not doing so, that it reaches any compliance targets prescribed under subsection (3).

(3) ( a) The Minister for Finance may, with the consent of the Minister, by order specify compliance targets relating to the recruitment and employment of persons with disabilities in public bodies the members of whose staff are civil servants and the public bodies accountable to him or her.

( b) The Minister may, with the consent of the Minister for Finance, by order specify compliance targets relating to the recruitment and employment of persons with disabilities in the public bodies accountable to him or her.

( c) Any other Minister of the Government may, with the consent of the Minister and the Minister for Finance, by order specify compliance targets relating to the recruitment and employment of persons with disabilities in the public bodies accountable to him or her.

( d) In such an order as aforesaid the relevant Minister of the Government concerned may specify numbers or percentages of persons with disabilities to be recruited by the public body concerned, and if it appears to him or her to be necessary, he or she may specify—

(i) the numbers or percentages of persons with disabilities to be employed by the public body concerned,

(ii) the holding of recruitment competitions confined to persons with disabilities in relation to specific posts or employments,

(iii) measures for the filling, by suitably qualified persons with disabilities, of specified categories of vacancies for such period as he or she considers appropriate,

(iv) that the public body concerned shall offer a specified number of work experience placements of specified duration to persons with disabilities each year.

(4) If no compliance targets stand prescribed under subsection (3) in relation to a public body, the body shall ensure, unless there is good reason to the contrary for not doing so, that not less than 3 per cent of the persons employed by it are persons with disabilities.

(5) An order under subsection (3) may relate to all public bodies, or specified public bodies, that are accountable to the relevant Minister who makes the order.

(6) A Minister of the Government shall, when making an order under subsection (3), have regard to any measures that have been specified by the Authority under section 49(2) in relation to any public body to which the order applies.

(7) An order under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister of the Government making the order to be necessary or expedient for the purposes of the order.

(8) An order under this section (including this subsection) may be revoked or amended by the Minister of the Government who made it subject to the like consent or consents as that or those to which such making is subject.

Annotations:

Modifications (not altering text):

C4

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 14 of 2005

Disability Act 2005

Sections 3 and 47

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