Public Service Management (Recruitment and Appointments) Act 2004

Matters relating to recruitment, etc.

58

58.—(1) ( a) The Minister is responsible for all matters relating to recruitment in the Civil Service, including—

(i) eligibility criteria, staff numbers, grading, pay and all other working conditions of civil servants or any class of them,

(ii) the use or knowledge of the Irish language in the Civil Service or any part of it.

( b) Except where provided for, nothing in this Act shall be read as affecting the functions, under any other Act, of the Minister or any other Minister of the Government in relation to recruitment in any other public service body (or part of it) other than the Civil Service, including—

(i) eligibility criteria, staff numbers, grading, the pay and all other working conditions of staff in the public body concerned, or any class of such staff,

(ii) the use or knowledge of the Irish language in the public body concerned or any class or part of it.

(2) The Minister for the Environment, Heritage and Local Government is, subject to subsections (1) and (7), responsible for all matters relating to recruitment to local authorities and all the conditions of service within local authorities.

(3) The Minister for Health and Children is, subject to subsections (1) and (7), responsible for all matters relating to recruitment to health boards and all other conditions of service within health boards.

(4) The Minister for Education and Science is, subject to subsections (1) and (7), responsible for all matters relating to recruitment to F29 [ education and training boards ] and conditions of service within F29 [ education and training boards ].

(5) The Minister for Justice, Equality and Law Reform is, subject to subsections (1) and (7), responsible for all matters relating to recruitment to the Garda Síochána.

(6) Where in the Minister's opinion the exercise of functions under subsection (1) would materially relate to the functions of any of the following, then the Minister shall consult with such of the following, as appropriate:

( a) the relevant Minister or Ministers;

( b) the Commission;

( c) the Board;

( d) the Chief Executive of the Service.

(7) Nothing in this section shall be read as affecting any function that the Minister otherwise has in respect of conditions of service relating to pay and all other matters in the public service.

Annotations:

Amendments:

F29

Substituted (1.07.2013) by Education and Training Boards Act 2013 (11/2013), s. 72 and sch. 6 item 47, S.I. No. 211 of 2013.

Editorial Notes:

E12

Power pursuant to section exercised (31.03.2014, 01.09.2014) by Public Service Management (Sick Leave) (Amendment) Regulations 2015 (S.I. No. 384 of 2015), in effect as per reg. 1(2).

E13

Power pursuant to section exercised (31.03.2014, 01.09.2014) by Public Service Management (Sick Leave) Regulations 2014 (S.I. No. 124 of 2014), in effect as per reg. 1(2), (3).