Association of Higher Civil and Public Servants

Comhlachas na Sheirbhíseach Uachtarach Stáit agus Poiblí

Annual Report

1921 CONFIDENTIAL TO MEMBERS

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

ANNUAL REPORT 2019/2021

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AHCPS Annual Report 2019/2021

CONTENTS

Officers, Executive Committee and Consultative PART THREE: STATE ENTERPRISES Council 2019/2021, Sub-Committees. 3.1 An Post 31 3.2 Irish Aviation Authority 31 INTRODUCTION 9 3.3 Premier Lotteries Ireland (PLI) 33 3.4 Solas / Education Training Boards (ETB) 33 PART ONE: ORGANISATION 3.5 Food Safety Authority of Ireland (FSAI) 33 1.1 Annual Delegate Conference 11 3.6 Other Agencies 33 1.2 Executive Committee 11 1.3 Standing Orders Committee 11 PART FOUR: AFFILIATIONS AND RELATIONS WITH 1.4 ADC Resolutions 2019 including OTHER ORGANISATIONS Motions Remitted 11 4.1 Irish Congress of Trade Unions 35 1.5 Trustees and Auditor 17 4.2 Public Services Committee 35 1.6 Honorary President & Vice Presidents 17 4.3 ICTU Women’s Committee 35 1.7 Consultative Council 17 4.4 ICTU Global Solidarity Committee 35 1.8 Events for Members 17 4.5 ICTU Youth Committee 35 1.9 Membership 17 4.6 ICTU Housing Campaign 35 1.10 Social Media and Communications Technology 18 4.7 NERI 36 1.11 Bereavement Grant 18 4.8 ICTU Peoples College 36 1.12 Membership Services 18 4.9 ICTU Retired Workers’ Committee 36 1.13 Rules & Constitution 20 4.10 Veterinary Officers’ Association 36 1.14 Staff 20 4.11 Civil Service Unions 37 4.12 Retired Civil & Public Servants’ Association 37 PART TWO: CIVIL SERVICE 4.13 European Federation of Public Service Unions (EPSU) 2.1 PAY 21 37 2.2 Post COVID 19 Blended Working Policy 4.14 Union of Finance Personnel in Europe (UFE) 37 Framework 21 4.15 Union Network International (UNI) 37 2.3 The Right to Disconnect 21 4.16 FDA UK and ARC UK 37 2.4 Review of the rates of Travel and Subsistence 22 4.17 Institute of Public Administration 38 2.5 Mobility Scheme 23 4.18 Irish Labour History Society 38 2.6 Principal Officer Promotion Sequence 23 4.19 Hospital Saturday Fund 38 2.7 Open PO Panel 23 4.20 Combined Service Third World Fund 38 2.8 Principal Officer Executive Leadership 4.21 Civil Service Charities Fund 38 Programme 24 2.9 Performance Management and Development APPENDICES Scheme 24 Appendix A Minutes of the 2.10 Programme for Competitive and Work Annual Delegate Conference 2019 39 [PCW 1%] 24 2.11 Civil Service Regulations (Amendment) Act 2018 24 Appendix B Rules and Constitution 51 2.12 Overpayment Policy 25 Appendix C Standing Orders of 2.13 Accommodation 26 Delegate Conference 61 2.14 General Council 26 2.15 Branch Representative Training Course 26 Appendix D Executive Committee Attendances 2.16 Attendance Management 26 2019/2021 63 2.17 Bereavement Leave 27 2 18 Equality /Diversity/Work Life Balance 27 Appendix E Building Momentum – A new public 2.19 Shorter Working Year/Term Time 27 service agreement 2021-2022 65 2.20 Staff with Disabilities 27 2.21 Flexible Working Hours [FWH] 27 Appendix F Letter to AHCPS Members 2.22 Paternity Leave 28 re balloting on new Pay Agreement – 2.23 Parental Leave 28 Building Momentum – 2.24 Annual Leave 28 A new public service agreement 2.25 Work sharing 28 2021-2022 87 2.26 Merger of Property Registration Authority, Appendix G General Council Staff Panel Valuation and Ordnance Survey of Ireland 29 2020 & 2021 95 2.27 Irish Human Rights and Equality Commission 29 2.28 Shared Services 29 Appendix H Pay Circular 1 October 2020 107 2.29 Superannuation /Public Service Pensions General 30 2.30 Public Service Superannuation (Age of Retirement) Bill 2018 30 2.31 TLAC 30 2.32 Senior Public Service (SPS)1 30

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OFFICERS OF THE ASSOCIATION FROM 1943/2021 Year Chairperson Vice- Chairperson Hon. Secretary Hon. Treasurer 1943/5 M.J. Kenny E. O’Connor E. O’Connor 1945/6 J. Mahony E. O’Connor E. O’Connor 1946/7 J.J. Waldron E. O’Connor E. O’Connor 1947/9 J.J. Waldron M.A. O’Connallain T. O’Brien 1949/51 J.J. Waldron C.P. O Ceallaigh J. O’Dwyer 1951/2 J.J. Waldron B. Carty C.P. O Ceallaigh 1952/3 J.J. Waldron T.J. Collins C.P. O Ceallaigh 1953/5 J.J. Waldron T. Tobin S.M. O Miodchain 1955/7 C.P. O’Ceallaigh T. Tobin S.M. O Miodchain 1957/8 C.H. Murray C.P. O’Ceallaigh T. Tobin S.M. O Miodchain 1958/9 C.H. Murray * C.P. O’Ceallaigh P.A. Terry S.M. O Miodchain T.J.Cahill 1959/60 T.J. Cahill* M.B. Lawless N. MacLiam N. MacLiam M.B. Lawless W. Drain 1960/1 P.A. Terry W. Drain J.G. Buckmaster T. O’Sullivan 1961/2 P.A. Terry P.J. Mulvany J.G. Buckmaster T. O’Sullivan 1962/3 R.C. O’Connor P.J. Mulvany J.G. Buckmaster T. O’Sullivan 1963/4 R.C. O’Connor J.G. Buckmaster L. O’Laidhin 1964/5 R.C. O’Connor J.M. McNicholl L. O’Laidhin T.J. Mooney 1965/6 R.C. O’Connor J.M. McNicholl N. Tobin T.J. Mooney 1966/8 P.A. Terry J.M. McNicholl D. O’Mahony T.J. Mooney 1968/9 P.A. Terry J.C. Horgan D. O’Mahony T.J. Mooney 1969/73 J.C. Horgan M. Kilcullen D. O’Mahony T.J. Mooney 1973/74 J.C. Horgan M. Kilcullen J. O’Dwyer T.J. Mooney 1974/75 M. Kilcullen M. Corcoran M.F. Fahy T.J. Mooney 1975/76 M. Kilcullen D. O’Mahony General Secretary T.J. Mooney 1976/77 T.J. Mooney D. O’Mahony Ralph B. Pares J.C. Tucker 1977/78 T.J. Mooney D. O’Mahony* 1975-1980 J.C. Tucker M. Corcoran** J.C. Horgan 1978/79 T.J. Mooney T.H. Nally J.C. Tucker 1979/81 J.C. Tucker M.F. Fahy T. Tuite 1981/83 M.F. Fahy T. Tuite John Dowling P.J. O’Grady 1983/84 M.F. Fahy J.P. O’Brien 1980-1987 P.J. O’Grady 1984/86 J.P. O’Brien Sean Healy *** P.J. O’Grady John Melia 1986/87 J.P. O’Brien John Melia P. Greene 1987/88 J.P. O’Brien Michael O’Donoghue Seán Ó Ríordáin P. Greene 1987/91 Michael O’Donoghue Padraig Cullinane 1987-2007 P. Greene 1991/92 Padraig Cullinane Richard Ryan P. Greene 1992/95 Richard Ryan Des Coppins Benny Kevitt 1995/96 Richard Ryan Benny Kevitt Brian Murnane 1996/97 Benny Kevitt Brian Murnane Tom Power 1997/98 Brian Murnane Patrick Dowling Tom Power 1998/2001 Brian Murnane Patrick Dowling Kieran Coyle 2001/2002 Patrick Dowling Seamus Molloy Liam Kelly 2002/2003 Patrick Dowling Seamus Molloy **** Liam Kelly Sean McDonald 2003/2004 Sean McDonald Brigitta O’Doherty Liam Kelly 2004/2005 Brigitta O’Doherty Philip Crosby Mary McLoughlin 2005/2007 Philip Crosby Ciaran Rohan Mary McLoughlin 2007/2008 Ciaran Rohan Peadar Carpenter Dave Thomas Mary McLoughlin 2008/2010 Peadar Carpenter Tom Allen 2007-2014 Mary McLoughlin 2010/2011 Peadar Carpenter Tom Allen Bernard O’Shea 2011/2012 Peadar Carpenter Tom Allen William Thompson 2012/2013 Tom Allen John Glennon William Thompson 2013/2014 Tom Allen John Glennon William Thompson 2014/2015 Tom Allen John Glennon Ciaran Rohan, Gen Sec William Thompsont 2014- (Larry Dunne) 2015/2016 John Glennon Edna Dowling Larry Dunne 2016/2017 John Glennon Edna Dowling Larry Dunne 2017/2018 John Glennon Edna Dowling Larry Dunne 2018/2021 Edna Dowling Val Jeffrey tt Larry Dunne 2020/2021 Trevor Noonan Bernard O’Shea

* Resigned on promotion to Assistant Secretary ** Resigned on posting to Personnel Officer *** Resigned on posting to London as Labour Attache t Resigned on appointment as AHCPS AGS tt Resigned on retirement **** Deceased

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HONORARY OFFICERS OF THE ASSOCIATION 2019/2021

President Mary McLoughlin

Vice-Presidents Paddy A. Terry * Mary McGuire Benny Kevitt Richard Ryan Pat Dowling Con Ryan * Seán O Ríordain Brian Ingoldsby Peter Greene Dave Thomas Brian Murnane John Kelleher Tom Quigley

OBITUARY

Mr Paddy Terry Hon. Vice President and former Hon.President of the Association died in September 2020. The Association of Higher Civil & Public Servants were privileged to have him serve as Chair and vice Chair and for many years as AHCPS Honorary President. Paddy continued in his retirement as a member of the Council of the Retired Civil and Public Servants Association. He was deeply trusted by Association members and highly respected by the management side.

Paddy celebrated his 100th birthday on 11th March 2020 and was presented with a distinguished service award from the Minister for Justice and the Attorney General jointly in recognition of his many decades of dedicated service.

Mr Con Ryan, Hon. Vice President of the Association died July 2019. The Association conveyed sympathies to Con’s family.

Ar neamh go raibh siad.

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The following Officers were elected at the Annual Delegate Conference held on 10 May 2019: Chairperson Edna Dowling (Social Protection) Vice-Chairperson Val Jeffrey (Revenue) Treasurer Larry Dunne (Public Expenditure & Reform)

EXECUTIVE COMMITTEE 2019/2020

Doyle Margaret Revenue Ryan Mellissa Revenue Hickey Eddie An Post Stone Des Social Protection Holleran Noel Agriculture Food & the Marine McBreen Orla Foreign Affairs & Trade O’Shea Bernard * Transport Tourism & Sport McIntosh Willie Education & Skills Moran Eltin Social Protection Murchan Michael * Health Noonan Trevor Justice & Law Reform Nolan Marianne Finance O’Connor Mark ETB O’Donoghue Lorraine Housing Planning & Local Government

* Michael Murchan Health and Bernard O’Shea Transport Tourism & Sport were co-opted to the Executive Committee under Rule 11 (a)(iii) of the Rules and Constitution of the Association. In the year that followed there were a number of changes on the Executive Committee - Trevor Noonan, Dept of Justice was appointed Vice Chair on the retirement of Val Jeffrey. Mark Bohan Dept.of Education replaced Willie McIntosh on retirement. Emma Kinsella Dept. of Education replaced Mark Bohan on assignment to personnel role. Deirdre Donaghy Dept. of Finance replaced Marianne Nolan on change of Department. Derek Rafferty, Dept of Housing replaced Lorraine O’Donoghue.

Trustees Brigitta O’Doherty and Brian McKevitt. Billy Carrie retired during the year.

Auditor Crowleys DFK formerly Anne Brady McQuillian were appointed as Auditor by the Trustees.

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

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Consultative Council

The Consultative Council comprises members of the Executive Committee, Branch Chairpersons and Secretaries or their deputies.

BRANCHES 2019/2021

Agriculture, Foods & the Marine Mairead Broderick An Post Eddie Hickey Attorney General Brian Scannell Chief State Solicitors Office Michael Fallon Central Statistics Office John O’Reilly Communications, Climate Action & Environment Joe Gallagher Comptroller & Auditor General Olive Somers Commission for Energy Regulation Keith Walsh Courts Service Brendan Murphy Children, Equality, Disability, Integration, Youth Karen McCarthy Defence Caroline Delahunty Education & Further, Higher Education and Skills Martin Sage Business, Enterprise & Innovation Ian Foley Housing Planning Community Local Government Eugene Watters Solas Henry de Lacy ETBs Ken Seery Finance Deirdre Donaghy Public Expenditure and Reform Áine Mannion Food Safety Authority of Ireland John Coady Foreign Affairs & Trade Carina Connellan Garda Civilian Kieran Downey Health Ross Hattaway Health and Safety Authority Gavin Lonergan Houses of the Oireachtas Heidi Lougheed Irish Aviation Authority Pat Herbert Injuries Board Suzanne Hill Irish Human Rights and Equality Commission Walter Jayawardene Irish Prison Service Tony Hickey Justice Michael Holohan

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Legal Aid Board John Sugrue Property Registration Authority Tom Heveran National Centre for Partnership & Performance Damien Thomas National Council Special Education Vacant National Museum of Ireland Vacant National Library of Ireland Geraldine Wilson Office of Public Works Pat Fitzsimons Office of the Ombudsman Derek Charles Office of Government Procurement Paul Martin Ordnance Survey Ireland Jennifer Gilmartin Pensions Authority Andrew Nugent Policing Authority Clare Kelly Prison Governors Dave Conroy Public Appointments Commission/Service Vacant Revenue Melissa Ryan Rural Community Development Mary Byrne Social Protection Fiona Casey Taoiseach’s Jerry Kelleher Tourism Culture Arts Gaeltacht Sport & Media Colm Lundberg Transport Kevin Doyle

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INTRODUCTION

he past two years were some of the most extraordinary years in the history of the AHCPS and indeed the Civil Service. The advent of the Covid-19 pandemic has changed forever the way that we work. From a Tsituation where the issue of remote working was merely a concept, it has now become a way of life. Many AHCPS members really stepped up over the last year or so. The issue of remote working presents many challenges for members but we are determined to address them on your behalf. The Building Momentum Pay Agreement was endorsed by an overwhelming number of members in 2021. This two-year agreement takes us to the end of 2022. The Agreement will finally see unwinding of the FEMPI pay cuts and the first actual pay increase for our grades in 14 years. Flexible working continues to be a major issue for members and the Association has worked hard to broaden the scope of flexible working. Members are continuing to work long hours and the Association will strive to protect members right to disconnect. The Association increased the number of member engagement events in the last two years. Member seminars were held on topics such as ‘Women in Leadership’, ‘Wellbeing’, ‘Enhancing Your Leadership’. The Association also held its first events in the area of career development with a very successful series of seminars focussed on helping members to progress their career to Principal Officer / Assistant Secretary. The advent of the Covid- 19 emergency resulted in the Association moving its member events to an online platform with a series of virtual modules in June-July 2020 on the challenges of working and managing remotely in conjunction with Roffey Institute. A further online seminar took place in December 2020 on the topic of ‘The Future of Work – Post Covid-19). It is clear from the feedback from participants that there is a significant demand for this type of event among the membership with a total of almost 2,000 members signing up for the events. It is the intention of the Association to run more professional development events in the future. The emergence from recession has resulted in significant career opportunities emerging for members, in the Civil Service, in particular. On the positive side, many members have advanced in their careers in the recent past as, after a long-term moratorium, posts have opened up. Also, the return of promotion opportunities has brought a range of practical issues that require vigilance to protect members’ interests. With the high level of projected retirements from the Civil Service over the next number of years and in particular the “brain drain” of experienced AHCPS members, more needs to be done on the recruitment front. COVID-19 has brought extensive challenges to An Post with a decline in letter volume but a massive surge in packet and parcel volumes as customers flock to online shopping. Our members have not been found wanting in tackling these challenges. It has been widely recognised that An Post has played a critical part in supporting business in Ireland and keeping the broader community connected. Following negotiations in 2020 the opportunity was extended to members not yet on personal pay contracts to make that transfer. This opportunity to share in the future success of An Post is welcomed by the Association. An Post is re-imagining New Ways of Working as it plans the move to a new HQ. The Association expects that members varying needs must be reasonably well accommodated during this transition and their terms and conditions of employment safeguarded. To all activists, at all levels of the organisation, the Executive Committee sends its thanks and appreciation for the selfless work undertaken on behalf of the Association.

Ciaran Rohan General Secretary

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10 Part One

ORGANISATION

1.1 ANNUAL DELEGATE CONFERENCE 1.3 STANDING ORDERS COMMITTEE The 37th Annual Delegate Conference of the Association The Standing Orders Committee elected at the Annual took place in The Radisson Blu Hotel, Golden Lane, Dublin Delegate Conference was: on Friday 10 May 2019. 131 Branch Delegates and 17 Casey Fiona Social Protection Executive Committee members attended. Cashman Larry Agriculture, Food & the The Association’s guests at the Conference were, Allan Marine Sampson FDA London and Neil Jackson FDA Northern Ireland. O’Connell Denise Finance There was no ADC in 2020 due to restrictions with COVID Martin Paul Office Government 19. Procurement Ryan Marie Revenue 1.2 EXECUTIVE COMMITTEE Denny Ciaran Finance Edna Dowling (Social Protection) Val Jeffrey (Revenue) Larry Cashman was elected Chairperson of the and Larry Dunne (Public Expenditure & Reform) were Committee and continued until his retirement in January elected to the office of Chairperson, Vice Chair and 2021. Treasurer. The following candidates were elected to the twelve ordinary positions on the Executive Committee at the 1.4 CONFERENCE RESOLUTIONS Annual Delegate Conference: ADC MOTIONS 2019 Executive Committee

Doyle Margaret Revenue Section 1 Motions Passed Ryan Melissa Revenue

Hickey Eddie An Post PAY Stone Des Social Protection Motion 1 Holleran Noel Agriculture Food & the The ADC notes: there has not been a pay increase for our Marine grades since 2008 and the cost of living has increased since that time. This ADC calls for the acceleration of the McBreen Orla Foreign Affairs remaining restoration payments under the FEMPI legislation. Conference instructs the incoming Executive Moran Eltin Social Protection to call on the government to set up an independent pay McIntosh Willie Education & Skills determination mechanism for grades represented by the Association. Nolan Marianne Finance Executive Committee Noonan Trevor Justice & Law Reform ACTION: O’Connor Mark Solas/ ETB The Executive Committee developed its position on pay O’Donoghue Lorraine Housing Planning and and officials interacted with the Public Service Committee Local Government in the lead up to the ‘Building Momentum – A New Public Service Agreement 2021 – 2022’. This Agreement Michael Murchan (Health) and Bernard O’Shea will finally see the remainder of our pay restored and the (Transport, Tourism & Sport) were co-opted to the first increase for our grades in 14 years. Executive Committee under Rule 11 (a)(iii) of the Rules and Constitution of the Association. Motion 2 Details of attendances at Executive Committee meetings Conference calls on the Executive Committee to request during the year are set out in Appendix D. an allowance for members of the Public Service where the demands of their roles and responsibilities significantly

11 AHCPS Annual Report 2019/2021 change. An example of significant change would be ACTION: geographical impact, negative work life balance The Association is pursuing the application of the August consequences, out of hours service (travel time and 2018 guidelines with individual departments. In weekend), cost of performing duties increase due to addition, the issue of the accrual of flexi leave has been required travel etc. raised within the Sectoral Talks. It has also been agreed as an item for discussion during the Post Covid Blended Revenue Branch Policy Framework negotiations. ACTION: The Association raised this with DPER. Motion 6 That Conference calls on the Executive to continue to Motion 3 seek the return of the right to flexible working hours to That Conference instructs the incoming Executive to Assistant Principals appointed since 2013 as the current pursue a review of the existing arrangements for policy is inequitable, unnecessary and acts against a assignment of staff represented by the Association to positive work life balance. higher scales, for the purpose of improving transparency Business Enterprise & Innovation Branch where criteria (rather than seniority/suitability) are used in the making of such assignments. ACTION: The Association is pursuing the application of the August Justice & Equality Branch 2018 guidelines with individual departments. In ACTION: addition, the issue of the accrual of flexi leave has been The Association, via our full-time officials, reviewed the raised within the Sectoral Talks. It has also been agreed existing arrangements in various departments for the as an item for discussion during the Post Covid Blended application of higher scale positions. Each full-time Policy Framework negotiations. official continues to ensure the maximum level of transparency exists where criteria are used in the making Resolution 7 of such assignments. The Executive Committee is That Conference notes the changes to the flexi-leave conscious that it is up to each branch to decide how the system over the past decade and welcome return of some pattern of assignments is applied in an individual of those entitlements recently. Conference notes with department. disappointment that many members appointed in recent years have lost flexi leave arrangements they previously Motion 4 held due to these changes and have not had those That Conference asks the Incoming Executive to pursue opportunities restored. Conference thus instructs the with the Department of Public Expenditure and Reform incoming Executive Committee to seek the full the issue of incremental credit for all grades so that reestablishment of flexi-leave arrangements and that staff members who have previously served in an acting who would otherwise have had the opportunity to avail capacity but who were made substantive directly of flexi-leave arrangements be afforded that opportunity. following the acting period would have their period of NSSO Branch acting up recognised and included for incremental credit. ACTION: Education & Skills Branch The Executive Committee has adopted a multi-pronged ACTION: action plan to pursue the accrual of flexi leave for APs The Association has raised this with DPER, but DPER has appointed since 1/7/13 that the Arbitration Board confirmed no change can apply to the present position. decided was precluded under the Haddington Road Agreement. This includes raising the matter within the Sectoral Talks. It has also been agreed as an item for FLEXIBLE WORKING discussion during the Post Covid Blended Policy Framework negotiations. Motion 5 This ADC notes the concession achieved by the Association regarding access to flexible start and finish EQUALITY times for our grades, pending adjudication on the full restoration of flexi leave for APs in Departments/Offices Motion 8 that had that facility. ADC calls on DPER to ensure that Gender Balance the guidelines on flexible working issued to Departments That Conference calls on the Executive to seek an update in August 2018 are implemented by all Departments in from DPER on each Department’s Gender Action Plan. order to ensure consistency in the treatment of members Where gender balance is evident, confirmation to be and equal opportunity to avail of flexible working options. sought from DPER that concrete actions will be taken to Executive Committee ensure respective Departments identify the underlying

12 AHCPS Annual Report 2019/2021 causes and imbalances and take action to address those PENSIONS imbalances at each grade. This is in line with delivering objectives under the Civil Service Renewal Plan and Motion 11 (stands for itself and Motion 12) People Strategy for the Civil Service 2017-2020 and This ADC, noting the advent of the Single Public Service should include evaluation of Executive Board levels across Pension, calls on DPER to take whatever steps necessary to all Government Departments. ensure that scheme members are not further disadvantaged through the ongoing absence of a Executive Committee transference and purchase scheme and any other ongoing anomalies ACTION: The Association has written to DPER requesting that Executive Committee periodic equality audits are conducted in all civil service departments and bodies. The Association has also Motion 12 requested a report from DPER on the Gender Action Plan That Conference recognises the Executive’s work on in every department to incorporate an evaluation of addressing with DPER the equity issues so that members Executive Boards in these departments. of the single pension scheme will be able to make additional voluntary contributions. Motion 9 Business Enterprise & Innovation Branch That Conference instructs the Executive Committee to request that civil service departments and bodies, in line ACTION: with their obligations under the Public Sector Human The Association successfully pursued this with DPER. Rights and Equality Duty, and consistent with Measures are now in place to enable scheme members to commitments in various equality strategies, including the put in place purchase arrangements. This can be done specific commitments on gender equality in the civil on a lump-sum basis only and involves either purchasing service in the National Strategy for Women and Girls, additional pension or converting an existing pension or conduct periodic equality audits to generate data on the PRSA into the Single Scheme. equality situation in their organisations, including identifying data gaps, and which also generate evidence Motion 13 on the root causes of inequality in each organisation so Conference calls on the Executive Committee to raise the that the management structures in each civil service body matter of the Single Public Service Pension Scheme’s can respond effectively to inequality through means such possible mishandling of employees’ rights to purchase as equality action plans or strategies to promote equality additional service whilst on unpaid maternity leave, as and diversity within each organisation and across the civil currently unavailable. The Equality and Human Rights service. Commission has published guidelines stating: ‘where you Foreign Affairs & Trade Branch are disadvantaged because of your pregnancy, maternity leave or other type of family leave’ is against the law and ACTION: basic human rights. Any employee joining the Public The Association has written to DPER requesting that Service after 2013 is not entitled to purchase additional periodic equality audits are conducted in all civil service service; their colleagues who joined on 31st December departments and bodies. The Association has also 2012, & who perform the same duties, have entitlement, requested a report from DPER on the Gender Action Plan clearly putting their colleagues choosing to take unpaid, in every department to incorporate an evaluation of maternity leave at a disadvantage. As the information Executive Boards in these departments. booklet states that this facility is not available ‘at the moment’ Conference calls on the Executive Committee WELL BEING to seek clarification on the timeline of this option being made generally available. Motion 10 Revenue Branch That this Conference instructs the Executive to commence negotiations with other Public Service Unions ACTION: for an annual optional Health Check programme across all The Association successfully pursued this with DPER. Government Departments and agencies. Measures are now in place to enable scheme members to Courts Branch put in place purchase arrangements. This can be done on a lump-sum basis only and involves either purchasing ACTION: additional pension or converting an existing pension or The Association pursued this via the Staff Panel of PRSA into the Single Scheme. General Council. The Association also plans to run our own Health Check programme in the coming months. Motion 14 That Conference notes the recent changes to the mandatory retirement age for some classes of civil

13 AHCPS Annual Report 2019/2021 servants and further notes this may result in some DPER to ensure that customer service functions across the members accruing more than forty years pensionable civil service are adequately staffed to ensure citizens can service. Conference recognises that it is intrinsically unfair continue to do business with the State in person, as is to be expected to continue to pay towards occupational their right. pension when it is of no further value to the member. Revenue Branch Conference thus instructs the incoming Executive Committee to seek appropriate changes so that members ACTION: cease paying for occupational pension benefits when they The Association continues to pursue this centrally and at have already accrued the maximum benefit available. local branch level where appropriate. NSSO Branch Motion 21 ACTION: Under the National Development Plan 2018 to 2027, the The Association has pursued this matter via the 12 Guiding Principles for the Quality Customer Service Superannuation Sub-Committee of General Council Initiative include the principle that staff members are without success. recognised as internal customers and are properly consulted and supported with regard to service delivery TERMS AND CONDITIONS issues. Conference calls on the Executive Committee to examine the recent introduction of large-scale changes Motion 16 to responsibilities, operational roles, work/life balance etc. (stands for itself and Motions 17 and 18) of Association members, introduced without proper That Conference calls on the incoming Executive consultation and support and resulting in issues with Committee to seek the re-instatement of the full annual service delivery to customers, and to consider necessary leave allowance for staff promoted or recruited after 14 action. December 2011, as part of the next round of pay Revenue Branch negotiations. ACTION: Agriculture Food & the Marine Branch The Executive Committee will continue to support Revenue Branch members in the matter of Revenue Motion 17 Realignment and ensure that the Association raises with That Conference calls on the incoming Executive the Revenue Board and CSD the subject of issues with Committee to seek to have the annual leave entitlement service delivery to customers arising from changes in for all staff promoted maintained at the pre-promotion responsibilities, operational roles, work/life balance etc of level where existing leave entitlement exceeds 30 days. Association members. Communications, Climate Action and Environment Branch MOBILITY Motion 18 Motion 22 That Conference instructs the Executive to continue to That Conference calls on the Executive to engage with pursue the matter of annual leave being set at a DPER with the aim of ensuring that members at Assistant maximum of 30 days which results in some staff losing Principal level have access to an appropriate mobility leave on promotion. scheme. Rural and Community Development Branch Employment Affairs & Social Protection Branch

ACTION: ACTION: The Association has pursued this matter through the The Association successfully negotiated the inclusion of General Council Staff Panel without success. members at Assistant Principal level in the Service Wide Mobility Scheme. Phase 2C went live on 2nd November 2020 to include the AP grade. The agreed terms & PUBLIC SERVICES conditions also now apply to the PO Mobility Scheme. DPER is currently managing a manual process for both Motion 20 (as amended) AP & PO adverts but remain confident electronic changes Conference, mindful of the efforts to maximise the will shortly be in place to accommodate both grades in numbers of customers using online services, and aware the electronic registration and application process. of the potential for IT developments such as robotics to automate these services, calls on the Executive Committee to pursue with DPER that these trends do not COMPETENCY FRAMEWORK lead to a diminution of personal services. Conference further calls on the Executive Committee to engage with Motion 24 That Conference notes that the Principal Officer and MAC

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Members current competency frameworks in the civil ACTION: service have been in place for a number of years and calls This matter has been resolved by the Association and on the Executive Committee to enter discussions with the new instructions on the application of starting pay on Department of Public Expenditure and Reform with a promotion rules have been issued by DPER. view to updating the frameworks. Education & Skills Branch Motion 28 Conference calls on the AHCPS Executive to pursue ACTION: through DPER an improved policy of waste reduction The Association has raised this issue with the throughout the Public Service. Recruitment Policy Unit in DPER and awaits further Revenue Branch developments. ACTION: Motion 27 This matter has been pursued with DPER. That Conference calls on the Executive to secure agreement with the Official Side that the anomaly which Motion 29 has existed(due in some measure to the provisions of the That Conference recognises the success of the Starting Pay on Promotion Circular) since 2015 whereby Association’s efforts to avoid the provision of single-use certain persons promoted to Principal Officer by way of and disposable plastic items at all AHCPS events and Open Competition can end up financially worse off than instructs the Executive to explore other opportunities to if they had secured promotion from an internal confined reduce further the Association’s carbon footprint. competition be addressed as a matter of urgency – this situation was/is unfair and runs contrary to the stated civil Employment Affairs & Social Protection Branch service renewal policy. Furthermore, that the position of ACTION: those persons affected by this anomaly since that date must be addressed as a matter of urgency. This is already Association policy, and the Executive Committee will continue to explore all and every Housing Planning and Local Government Branch opportunity to reduce the Association’s carbon footprint.

Noel Holleran, Mark O’Connor, Willie McIntosh – Executive Committee

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Motion 31 TAX APPEALS COMMISSION That Conference extends congratulations to the International Labour Organisation in its centenary year Motion 30 and acknowledges the work done by that UN Agency Conference notes the Review of the Workload and since 1919 to advance social justice and promote decent Operations of the Tax Appeals Commission (Report to the work for all men and women. Minister for Finance August 2018). Conference notes the scale of the backlog of tax appeals cases and the level of Employment Affairs & Social Protection Branch tax held under appeal, (estimated in the region of 1billion), and considers this an important socio-economic ACTION: issue. Conference calls on the Executive Committee to No further action required. have this matter raised at all appropriate levels and calls for an efficient and effective method of handling Section 2 appeals/dispute resolutions. Motions Remitted Revenue Branch

ACTION: TERMS AND CONDITIONS The Executive Committee will keep this matter under Motion 19 active consideration in consultation with Revenue That Conference calls on the Executive Committee to seek Branch. to have sick leave calculated on a 5-day basis for staff working a 5-day week. Communications, Climate Action and Environment Branch

ACTION: The Executive Committee will keep this matter under active consideration.

Brian Raleigh, Ken Seery and Pauline Murphy Solas ETB Delegates

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Section 3 Motions Lost

POLITICAL RIGHTS Motion 15 Conference calls on the Executive Committee to seek to enter into discussions with the Official Side with a view to progressing the matter of political rights activity as a right for grades represented by the AHCPS.

1.5. TRUSTEES AND AUDITOR The Association’s Trustees are Ms Brigitta O’Doherty and Mr Brian McKevitt. Billy Carrie retired at the end of 2020. Crowley DFK were appointed as the Association’s Auditors by the Trustees.

Val Jeffrey, Vice-Chairperson 1.6. HONORARY PRESIDENT AND HONORARY VICE PRESIDENTS Mary McLoughlan was appointed as Honorary President 1.8 EVENTS FOR MEMBERS of the Association. Honorary Vice Presidents continue to From March to May 2019 over 550 members attended be as set out in the list of Honorary Officers of the our five ‘Progressing to PO Seminars’. 120 members Association. attended both our ‘Well Being Seminar’ in May and ‘Thinking of TLAC’ in October. Our Autumn Seminar ‘Enhancing Leadership’ had 170 in attendance. 1.7 CONSULTATIVE COUNCIL A seminar on Women in Leadership was held in February A Consultative Council meeting was held in AHCPS HQ 2020 and was attended by 170 members. on 3 December 2019 with a good attendance of branch officers from across our branches. The advent of the Covid-19 emergency resulted in the Association moving its member events to an online On 11th December 2020 the Association held a virtual platform with a series of virtual modules in July 2020 on Consultative Council. the challenges of working and managing remotely in conjunction with Roffey Institute. An on-line seminar took place on 11 December 2020 to consider the “The Future of Work Post Covid-19’ Approx. 170 members were in attendance. The AHCPS YouTube Channel has attracted thousands of viewers to the seminar videos we have posted on-line. Links can be accessed via our website at https://www.ahcps.ie/AHCPS_YouTube_video/Default. 1027.html Financial Retirement Planning: the Association facilitated over 100 members at 4 retirement courses during 2019 and March 2020. In September 2020 the Association facilitated a webinar by Cornmarket for members.

1.9 MEMBERSHIP The Association represents members at Principal and Assistant Principal in the Civil Service and equivalent levels in several state enterprises. The downward trend in membership has finally reversed Larry Dunne, Treasurer and membership numbers are increasing. Membership at

17 AHCPS Annual Report 2019/2021

31 December 2019 stood at 3278. This is an increase on cost from 0.60% to 0.57% of salary for members. The net the previous year. 401 new applications were received cost is only 0.35% after tax relief is applied at source during the year. The gender breakdown of membership assuming income tax at 40%. This is the cheapest of any is 1574 female (48%) and 1704 male (52%). of the Income Continuance Schemes run by any of the unions. In 2020 membership continue to increase. Membership at 31 December 2020 now stands at 3335. This is an The scheme is extended to age 70 to facilitate members increase on the previous year. 286 new applications were availing of the new legislation allowing optional received during the year. The gender breakdown of retirement up to age 70. membership is 1665 female (50%) and 1670 male (50%). The Association also successfully negotiated the inclusion Officials have attended induction courses in various of cover to retirement at age 66/67/68 for members Departments to attract new members. This is a priority recruited since 1st January 2013 under the Career area for the Executive Committee and officials have also Average/Single Pension Scheme. met groups of non-members in specific departments to The New IC Scheme continues to cover Pre & Post ‘95 outline the benefits of membership. The Association members to 65. intends to enhance the membership where possible. In addition, the Association has agreed to participate in a Staff Panel membership drive that will target particular 1.12.2 Group Life Assurance Scheme departments to attract new members. One of the duties The Scheme is administered by Cornmarket and of the newly-appointed IRO will be to prioritise this area. underwritten by New Ireland. The plan provides vital financial security to the members 1.10 SOCIAL MEDIA AND families at time when they may need it most. COMMUNICATIONS Since the last review in 2015, there have been claims in A twitter account was introduced during the year the benefit totalling €1,155,000 (9 paid and 2 pending) and address is @ahcps.ie This has proved very successful and the main medical conditions resulting in claims relate to the Association now has over 830 followers. Cancer and Cardiac related conditions. The average age of the members who have passed away was 57, with the Direct communications to members are usually by email youngest being 49 and the eldest being 64. and are normally distributed through Branch Secretaries. There are currently 526 members in the plan and the average age of members is 55.

1.11 BEREAVEMENT GRANT The scheme has recently been renewed with New Ireland with a rate of 0.48% until 01/10/2024, so that the Group The Association has a bereavement grant scheme in Life and Income Continuance Plan can be reviewed at the operation for members and their spouse/co habiting same time. New Ireland have also agreed to support a partner. The grant of 5,000 is payable to the estate of campaign to offer 6 months free cover to AHCPS the deceased member or that of his/her spouse/co members who join within an agreed 3-month window. habiting partner. Membership fees must be fully paid up at the time of any claim. In relation to retired members the following is the position:

1.12 MEMBERSHIP SERVICES For those 50 and over who have retired the following are the rates: LEGAL DISCLAIMER - THE EXECUTIVE COMMITTEE AND THE ASSOCIATION ACCEPT NO LEGAL RESPONSIBILITY FOR THE SERVICES Age at date of Death Level of benefit PROVIDED TO MEMBERS UNDER THE VARIOUS SCHEMES AND 50-59 180% x salary* ARRANGEMENTS IN OPERATION. 60-64 120% x salary The Association operates the following schemes. 65-69 90% x salary 1.12.1 Income Continuance Plan – 70-74 60% x salary Covering Long-Term Disability The Plan is administered by Cornmarket and underwritten 75-84** 24% x salary by New Ireland. It provides a guaranteed source of The plan is designed to be affordable for every member. income in the event of: (a) total disability or (b) partial The rates and benefits are negotiated on a special ‘group disability following total disability as defined in the Plan basis’ for Public Sector employees, to provide you with and explanatory Booklet available to members. There is remarkably good value. **Cover and premiums end at your a 62% take up of the Plan by members. The scheme was 85th birthday. reviewed in July 2019 for a five-year period and following negotiations the scheme was renewed at a reduction in The plan cost is currently set at 0.5% of your

18 AHCPS Annual Report 2019/2021 pensionable salary or current annual salary* if you are l Maximising your tax-free cash lump sum on still working. retirement

*What salary is my cover based on? Please note there is a charge on every contribution and an If you are retired, your cover is based on your pensionable ongoing management fee for the fund. If you are availing salary. This takes into account your basic salary at retirement of an AVC please check with the Broker regarding the cost plus your fluctuating pensionable earnings averaged over the of the AVC before you agree. 3 years prior to retirement. If you worked parttime, you Members should also be aware that the Last Minute AVC should provide the basic salary for the equivalent full time calculations are subject to movement in the Consumer post/ grade plus your fluctuating pensionable earnings Price Index. Any significant movement in the CPI from the averaged over the 3 years prior to retirement. Pensionable time of the calculations to investment can mean a salary is available from your Superannuation Department. withholding tax liability on part of the investment. Your premiums and cover are based on the pensionable However, this should not deter members from availing of salary that you notified us of. the benefits from the investment. *If you are working, your cover is based on your current salary. This takes into account your current gross annual 1.12.4 Car /House Insurance salary, plus an average of any other payments in the last 3 The providers are as follows: years which are taken into account for Superannuation purposes. If you retire at a later date, it is essential that you l Cornmarket, Christchurch Square, Dublin 8. notify us of your pensionable salary. Your premiums and Tel: 01 408 4040 cover are based on the latest salary that you notified us of. l Glennons Insurance: This means in effect there are three distinct categories for Tel: 01 707 5959 or Email [email protected] Group Life Assurance: 1. Those in service up to the age of 65 years (cover is 1.12.5 Travel Insurance twice salary on death – rate of 0.48%) l Abbey Insurance Ltd., 8 Ashe Street, Cavan. 2. Those in service between the age of 65 and 70 years Tel: 1890 808666 (cover of 90% of salary – rate of 0.50%) New members may apply by logging onto the website 3. Those who have retired between the ages of 50 and www.abbeyunionstar.ie to obtain quote and buy online 84 years (cover is as outlined above – rate of 0.50%) and receive documents within minutes. Existing Members will automatically receive their 1.12.3 Additional Voluntary Contributions documentation via email and will be automatically renewed unless the member emails to advise they do not Under the Finance Acts it is possible for a person in an want the policy renewed. occupational pension scheme to make additional voluntary contributions. Tax relief is available. The There are further discounts available if client has private Association recently brokered a reduction with health insurance to cover them abroad. Cornmarket on the cost of AVCs for members, so the 2% Details of the benefits may be found at charge is now gone. www.abbeyunionstar.ie For those retiring over the coming months there is a special tax break under the Revenue rules that members may be able to take advantage of before they retire. This 1.12.6 Health & Dental Insurance Advice Service is known as a Last Minute AVC. The member’s gratuity l Lyons Financial Services, Office 1, Dunboyne under the Superannuation Scheme is likely to be less than Business Park, Dunboyne, Co Meath the maximum allowed under Revenue rules because the Tel: 01 801 5808 www.lyonsfinancial.ie member has: 1.12.7 Dental Insurance Scheme l Received a reduction in salary over the last few years This Dental Insurance Scheme is administered by and/or l Lyons Financial Services, l short service and/or Tel: 01 801 5808 www.lyonsfinancial.ie The Scheme is underwritten by DeCare Dental. l non-pensionable earnings

Members may be able to avail of this option. 1.12.8 Investment Advice and Portfolio Management Service The benefits of investing in a Last Minute AVC include: l Cornmarket Group, Christchurch Square, Dublin 8. l Receiving a refund of tax on pension contributions Tel: 01 408 4000

19 AHCPS Annual Report 2019/2021

1.12.9 Mortgage Lending 1.13 RULES AND CONSTITUTION Symmetry Financial Management are an Independent A copy of the Rules and Constitution is attached at Financial Advisory Firm with expertise in the area of all Appendix B. forms of Mortgage lending – First Time Buyers; Home The Rules and Constitution of the Association are available Movers; Switchers; Equity Release and Debt on the AHCPS Website www.ahcps.ie. Reconciliation; Investment Properties and Buying Properties via Pension. They provide an endorsed mortgage service to our members. 1.14 STAFF l Symmetry Financial Management, The staff of the Association are: Dunboyne, Co. Meath. General Secretary Ciaran Rohan Tel: 01 683 1673 Email: [email protected].” Deputy General Secretary Paul Malone Assistant General Secretary Billy Thompson 1.12.10 Legal Advice Service Industrial Relations Officer Larry Dunne The Association’s solicitor, provide a general legal service Executive Assistant Jackie Lacey to members: Receptionist Jennifer Farrelly Clarke l O’Mara Geraghty McCourt, 51 Northumberland Road, Dublin 4. Mark Crowther also assisted with recording and writing of Tel: 01 660 6543 the minutes of the 2019 ADC. Further information regarding the above schemes are The Executive Committee appointed Larry Dunne on a available on the Association’s website. part-time basis to the role of Industrial Relations Officer in March 2021. The Executive Committee also wish to express its appreciation for the work and commitment of the staff.

Billy Thompson, Val Jeffrey, Edna Dowling, Ciaran Rohan

20 Part Two

CIVIL SERVICE

2.0 PAY civil service and a particular desire on the staff side that this happens. 2.1 PAY – GENERAL The Association and other members of the Public The Association’s own survey of members found that Service Committee of ICTU were invited in November 60% stated remote working allowed them to improve 2020 by the Minister for Public Expenditure and Reform their work life balance and 80% had a preference for a Michael McGrath, to enter discussions with blended approach. The Association is fully aware that representatives of Public Service management. The remote working is a significant issue for members and a stated purpose was to seek agreement on a successor to submission on the matter was made as part of the DBEI the Public Service Stability Agreement which expired on National Consultation in 2020. 31st December 2020. The talks were facilitated by the The Association’s survey highlighted that many members Workplace Relations Commission and concluded in the were coping with different working from home early hours of Friday 11th December. arrangements and that improvements were needed The main elements of the agreement are as follows: around equipment and supports as these arrangements became more embedded. DPER’s position is that l It is a two-year agreement running from 1/1/21 to Departments already have scope to operate e-working 31/12/22 under the existing circular and it is a matter for l The balance of FEMPI cuts (pay restoration) due to consideration by each department within the context of AHCPS grades is to be paid on 1/7/21 (worth their own business needs. between 1% and 2.5%) The COVID-19 crisis has seen extensive and successful l 1% general pay increase from 1/10/21 - except for application of remote working along with a surge in the those that gained from pay restoration on 1/7/21. use of tele conferencing. It has shown how remote AHCPS grades will therefore not receive this increase working can be successfully used to the advantage of the (unless the level of restoration was less than 1% - in employer and staff members. Remote working needs to such cases they will receive the balance to bring be now embedded in the programme of workforce them to 1%) planning in all departments to empower staff to better manage work life balance. l 1% Sectoral Bargaining Fund to be negotiated in advance and to be paid by 1/2/22. DPER’s position on what is termed the Post Covid Blended Working Policy Framework is awaited. The Association l 1% general pay increase from 1/10/22. and other unions on the staff side have raised matters like l Pensions will increase in line with general round a need for consistency of application, necessary legal right increases. to disconnect, tax & allowances, support equipment and mental health and well-being concerns. l An independent body to be established to review Throughout 2020 and into 2021 officials have assisted the additional working hours imposed under the branches and individuals where members were Haddington Road Agreement. pressurised in certain locations to return to the workplace, l The agreement also contains a number of yet the work was being fully completed remotely. modernisation and reform measures. The proposals were subsequently voted on by the members in online ballot. The outcome was 93% in 2.3 THE RIGHT TO DISCONNECT favour and 7% against with a turnout of 56%. Over 80% of respondents in the Association’s Survey on Remote Working stated that they checked e-mails outside Discussions are currently ongoing with the Official Side of core hours. Over half of respondents also reported that on the Building Momentum Action Plan. they found it difficult to switch off from work. There is no formal Right to Disconnect under Irish or European law, although a number of European countries have adopted 2.2 POST COVID BLENDED WORKING national legislation in this regard. POLICY FRAMEWORK A new Code of Practice on the Right to Disconnect, has Current Government policy sets a 20% target for the been developed by the Workplace Relations Commission. public service working remotely. There is an awareness The following rights are enshrined in the Code: that a much higher percentage is achievable withing the

21 AHCPS Annual Report 2019/2021 l The right of an employee not to have to routinely 2.4.1 Travel Rates perform work outside their normal working hours. The travel rates were increased from 1st April 2017, having last been revised from 5th March 2009. The l The right not to be penalised for refusing to attend Kilometre ranges have been increased from two to four. to work matters outside of normal working hours. There was disagreement at General Council in relation to l The duty to respect another person’s right to aspects of the changes and this went to adjudication. A disconnect (e.g., by not routinely emailing or calling hearing was held in December 2016 and the outcome on outside normal working hours). the ranges and cents per kilometre is as below. The adjudication finding was accepted by the Government The introduction of new provisions on workers’ right to and is effective form 1st April 2017. switch off from work outside of working hours without suffering any negative consequences for doing so, is viewed by the Association, as a very welcome and positive 2.4.2 Domestic Subsistence Rates development. With effect from the 1st of October 2018, the following However, the Irish Congress of Trade Unions has stated standard domestic subsistence rates apply: that the adoption of specific right to disconnect legislation, should not be ruled out, particularly, if the Overnight rates Code proves unsuccessful in protecting workers against Class of Allowances A Class the negative effects of modern work practices. Normal Rate €147.00 Reduced Rate €132.30 2.4 REVIEW OF THE RATES OF TRAVEL € AND SUBSISTENCE Detention Rate 73.50 The Haddington Road Agreement stated: “The Parties note that the Government intends to review Day Rates travel and subsistence arrangements. There will be full co- operation by the Parties with the review and the Class of Allowances A Class implementation of a standardised system of travel and 10 hours or more €33.61 subsistence across the Public Service.” 5 hours but less than 10 hours €14.01

Vouched Accommodation (“VA”) Domestic Subsistence Rates (for use in Dublin only) Effective from 1 October 2018. Vouched Accommodation Accommodation Meals (“VA” Rate)

VA Rate Vouched cost of Accommodation up to €147.00 plus €33.61

2.4.3 Subsistence Allowance Abroad Revised subsistence allowances payable to civil servants in respect of absences abroad on official business became effective from 1st April 2017. The class B rate for foreign subsistence will no longer be used. The Conference Rate has been renamed the Vouched Accommodation (VA) rate. It consists of the vouched cost of accommodation plus the rate listed in the VA column of circular 7/2017. In most cases the Overnight Rate in respect of accommodation and three meals will apply. However, the use of the Vouched Accommodation Rate may be justified in certain circumstances. In 2019 the Department of Public Expenditure and Reform further reviewed the rates of Foreign Subsistence Larry Cashman, Chair Standing Orders Committee in a number of locations.

22 AHCPS Annual Report 2019/2021

In a number of locations, the rate for expenses is service The secondment policy will be used to support expressed in terms of the capital city with an “elsewhere this scheme to fill time-bound positions concurrent with rate”, for places other than the capital city, being a strategic project/placement, and in exceptional described as “vouched expenses plus 10 per day”. circumstances the backfilling of vacant positions arising from staff members who are released for In recognition of difficulties posed to officials travelling in secondments/career breaks. locations in operating a vouched system, it has been decided to introduce specific “elsewhere rates” for a A Secondment is a temporary arrangement that number of these locations. facilitates the release and movement of Civil Service staff within, or out of the Civil Service for a specified period of The overnight rates used have been arrived at by applying time in a way that does not affect their employment a factor of 74% of the Vouched Accommodation rate for status. All secondments will be temporary in nature and the capital city in the respective countries. The factor of in general will be for a minimum period of six months up 74% is consistent with the average of the “elsewhere to three years. The duration of the secondment must be rates” already in use. agreed from the outset. In relation to the appropriate 10 hour and 5-hour rates, It has been agreed that a review of the effectiveness of DPER have applied the standard ratio already in use i.e. the Policy and any issues encountered will be addressed 10-hour rate is 66% of the Vouched Accommodation rate after 6-months of the operation of the Policy. and the 5-hour rate is 50% of the 10-hour rate. So far as DPER are concerned these reviews are regarded as a form of interim review. A more fundamental review 2.6 PRINCIPAL OFFICER PROMOTION may take place at some point in the future. SEQUENCE The sequence in place requires two in every three It might be noted that reviews of Foreign Subsistence appointments to be from the Open PO Panel. generally follow the rates struck for the UK Civil Service. This emanates from the Arbitration Board ruling of 7th We have advised DPER that we will be guided by any July 2015 that Principal Officers are to be appointed in a issues raised with us in relation to the changes by any sequence requiring the first two in every three to be from affected membership groups and that if the changed the Open PO Panel followed by one internal rates do not reflect costs being incurred, we reserve the appointment. The Association contended that the right to seek to have them revised upwards. standing agreement contained in Towards 2016 more than adequately addressed the needs of Departments 2.5 MOBILITY under the existing sequence of 4/18 open, 5/18 interdepartmental and 9/18 internal. 2.5.1 Civil Service Mobility Scheme The Association successfully negotiated the inclusion of The Association continues to lobby DPER that there is a APs and signed off on the terms and conditions involved strong desire for a change to the sequence. The research that also now apply to POs. Phase 2C went live on 2nd the Association completed indicates the one in three November 2020 to include the AP grade. The current internal PO appointments is significantly hampering both manual advertisement-based scheme transitioned into workforce planning in departments and the career the HR Shared Services self-service system from 29th aspirations of Assistant Principal Officers as it does not March 2021. DPER continued to manage a manual allow for an adequate number of internal appointments. process for both AP & PO adverts for a transitional period until 3rd May 2021. Thereafter it is necessary for applicants to electronically register their interest to receive 2.7 OPEN PO PANEL notification of available posts. The 2020 Open PO panel originally consisting of 65 successful applicants is in place since January 2020. This The Scheme is a major opportunity for departments to followed an on-line evaluation process and interview in address business needs while allowing APs & POs to Q4 of 2019. enhance their career opportunities with experience in a range of departments. Significantly, parent departments The Association was not consulted about the format of must release applicants within 20 days if successful. the competition and following difficulties encountered by Appointments under the mobility scheme count for open members at the on-line stage, representations were made liabilities. to DPER. We highlighted the factors that proved to be impediments to serving officers wishing to participate. Firewalls in many departments prevented downloading 2.5.2 Secondment Policy of the necessary software. Few PCs had webcam/mic A Secondment Policy was agreed between the facilities. In addition, there was a curtailed availability AHCPS/FORSA and DPER in March 2021. The Mobility schedule. Even where the technical difficulties proved to Scheme will remain the primary mechanism for the be surmountable, applicants would have needed to be permanent lateral movement of staff across the civil fortunate to be able to avail of a lunchtime slot or were

23 AHCPS Annual Report 2019/2021 required to take leave to sit tests. The Association asked the rating. DPER has yet to appoint a panel of external DPER to interact with PAS to see if alternative, less reviewers. restrictive arrangements might be possible. The consensus is that the two-point rating system is The Association continues to emphasise that members are operating successfully. It remains problematic however, supportive of efficiencies and using modern technology as that in the operation of the PIP it is possible to encounter much as possible, but all candidates should get a fair the disciplinary process at a near mid-way point. The chance including the opportunity to complete stages Association along with all other unions in the Staff Panel outside working hours if candidates have better private had argued with DPER that the PIP should be a support facilities. Feedback we received from members centered programme and be fully exhausted before recourse to the on the difficulty with getting a quiet space to complete disciplinary process that should be separate and distinct. the test where the IT difficulties were overcome. This argument was lost before the Arbitration Board resulting in potential serious implications attaching to an At the end of February 2021, 48 had been assigned and unsatisfactory rating. 6 candidates opted not to proceed leaving 14 on the panel with 5 then in clearance. PAS called a further batch of applicants for interview and 2.10 PROGRAMME FOR COMPETITIVENESS increased the panel in April 2021 to 93. AND WORK [PCW 1%] The Association continues to pursue PCW appointments That breaks down 37 male, 52 female and 4 gender not in all departments. We have been involved in negotiations selected. 73 were from the public sector and 20 from the in several departments to modify the PCW appointment private sector. 57 have been assigned as at the end of process that used the old PMDS ratings as part of the April so allowing for the 6 who opted not to proceed appointment process. number 64 is next to be assigned. DPER have advised that PAS is proceeding to interview a third batch and further Where a merit process exists in full or in part the additions to the panel are anticipated in May 2021. Association has placed considerable emphasis on the necessary transparency of marking schemes and the provision of feedback when sought. 2.8 PRINCIPAL OFFICER EXECUTIVE LEADERSHIP PROGRAMME 2.11 CIVIL SERVICE REGULATIONS The Association met the Official Side in 2017 and was (AMENDMENT) ACT 2018 briefed on plans for a PO Executive Leadership Programme. The purpose of the Programme is to The Government approved in principle enabling encourage, support and develop those at senior legislation that was referred to the Joint Committee on management levels interested in progression to a higher Finance, Public Expenditure and Reform and Taoiseach. level across the Public Service. The Programme is open to The legislation has two specific objectives; The proposal all Principal Officers & equivalents subject to a minimum to devolve the power of dismissal below the level of of two years-experience at PO Level. The Programme is Secretary General or Head of Agency – potentially to managed by the SPS Management Committee and is like Principal Officer level - and the proposal to change the that in place for progression from Assistant Secretary to arrangements for handling appeals against serious Secretary General level. It is a critical component of the disciplinary sanctions. process that applicants not nominated by Line Managers receive full feedback including opportunities to address This is a serious development for our members as against development areas. using the normal industrial relations process. The Association made a joint submission in September 2018 to the Oireachtas Committee together with FÓRSA, the 2.9 PERFORMANCE MANAGEMENT AND Prison Officers Association and the Veterinary Officers Association opposing the legislation. DEVELOPMENT SYSTEM A two-point rating system is in operation since the end- The Association also lobbied the opposition parties to of-year-reviews for 2016. Individuals are rated as raise awareness around the intent of the legislation and Satisfactory or Unsatisfactory and if an unsatisfactory rating the position of the Staff Side of Unions. In addition, we is given the individual will immediately be involved in a submitted proposed amendments to the legislation as Personal Improvement Plan or PIP. The Association invited during our meetings with the opposition parties. continues to emphasise the importance of any necessary Currently, the Disciplinary Appeals Board is working training, support and mentoring that must be provided to efficiently and effectively and now there are additional an individual as part of the PIP. Deputy Chairs to allow a greater number of hearings as An individual continues to hold the right to seek a review required. of his/her rating and if necessary, seek referral to an The proposal to devolve the power of dismissal or external reviewer where there is disagreement concerning imposition of other serious sanctions is opposed as it

24 AHCPS Annual Report 2019/2021 would change the nature of the relationship between PO l 3 categories of Delayed Pay Adjustment (formerly and AP and in the case of smaller offices or Prisons would “auto recoupment”) i.e. adjustments will be a complex and potentially divisive move. Currently automatically be made. such power is removed from local offices and operational n 5 days or less overpaid to be recouped over 1- areas by virtue of it resting with the Secretary General or month period. in the case of POs the Minister has the final authority. n 10 days or less sick leave overpaid to be recouped The Association is very disturbed at the attempt to over 1-month period. introduce FEMPI style legislation within the IR arena when DPER was faced with opposition from the Staff Side. Our n Unpaid leave or exceeding access to self-certified request for the matter to go before third party was sick leave to be recouped in full. effectively ignored. l Deductions from gross salary/pension for those on The proposed legislation has now fallen into abeyance payroll with the 2020 election and change of Government. The Association will track any future developments around this l Steps to address multiple overpayments and/or matter. overpayments exceeding 2,500.

2.12 OVERPAYMENT POLICY l Exceptional/Hardship provisions: A revised Overpayment policy has been agreed effective n Provision for application form and supporting from 1st May 2017. The revised policy is more documentation. prescriptive and allows additional flexibilities in repayments including hardship cases and allows for an n Designated officer cannot normally reduce appeal under the grievance procedure. Circular 10/2017 repayment below 3% of gross. refers and replaces circular 1/2015. n Potentially subject to review every 6 months. The main changes to the Circular are briefly outlined n Overpayments on foot of unpaid leave will not below: qualify. l Arrears will automatically be offset against n Grievance Procedures will apply. overpayments l Existing repayment plans will remain in place but will be reviewed if a new overpayment is discovered or if there is a material change in circumstances

Neil Maher, Derek Rafferty and Paris Beausang – Housing Branch Delegates

25 AHCPS Annual Report 2019/2021

2.13 ACCOMMODATION employment are discussed with the Official Side in The OPW policy in relation to new buildings and the accordance with the terms of the Conciliation and renovation of existing buildings is that staff Arbitration machinery for the Civil Service. accommodation should be arranged using open plan The officers for 2021 elected at the AGM in January 2021 designs. This is consistent with Government Policy. are Chairperson, Tony Power (POA), Vice Chairperson, It has caused difficulties in several departments where John O’Flanagan (Fórsa). Eugene Dunne (Fórsa) remains moves have already taken place are scheduled to as staff side secretary. happen. Under the new arrangements there is no provision for cellular offices for Assistant Principals and the space available in the open plan office is generally 2.14.2 Composition of General Staff Panel insufficient to allow for the quality of work that is required The General Staff Panel is composed as follows: to be performed by the AP Grade. In addition, there are often insufficient meeting rooms available to allow for UNION SEATS staff engagement or meetings with stakeholders. FORSA 36 The Association engaged with the OPW and with relevant Secretary Generals in relation to the issues. As a result, Association of Higher Civil & Public Servants 5 Assistant Principals are operating from workstations rather Prison Officers’ Association/CSA Group 5 than pods and certain design changes were implemented following the engagement of our own Architect to study Veterinary Officers’ Association 1 floor plans and to provide feed-back. The positioning of Total 47 additional screens was agreed in many locations to further minimise the impact of the open plan design. 2.14.3 Members of Arbitration Board While members have adjusted to this change it has The members of the Civil Service Arbitration Board are as impacted negatively on work delivery and is proving a follows: considerable challenge to some of our members. However, to date the OPW are not for changing in Chair: Mr Loughlin Quinn relation to the open plan layout in the various buildings. Members: Mr David Denny This is despite evidence emerging that in many private (nominated by the Government) sector locations where open plan design was promoted there is now an emphasis on private working areas to Ms Angela Kirk better support staff and work quality. Evidence is also (nominated by the Civil Service Staff emerging, from an energy usage viewpoint, that the use Panel) of cellular offices is more efficient instead of lighting up and heating large open plan areas. Research & evidence has also emerged around the spread of infection or 2.14.4 Adjudicator and Mediator viruses in open plan design. It has shown that this Dan Murphy was reappointed to the position of problem is better controlled where cellular offices exist or Adjudicator for the Civil Service in 2021. open plan areas have a smaller presence of staff with the Joe McDermott remained in the position of Mediator for issue directly linked to sick leave absences and the Civil Service in 2021. productivity and efficiency. The COVID-19 Pandemic and the application of remote working has now altered the landscape on accommodation 2.15 BRANCH REPRESENTATIVE TRAINING and property utilisation. The Civil Service Action Plan linked COURSE. to the Building Momentum pay agreement presses the The Association ran a training course for branch concept of open plan accommodation and optimising office representatives in Head Office 11th April 2019. The floor space. Members have indicated to the Association from course covered a range of topics including the C&A our survey on remote working that they desire a blended scheme, WRC, Labour Court, Union Structure, Role of approach. Executive Committee, Branch Committee, and a practical case study. Further branch representative training courses are scheduled for the future subject to Covid-19 2.14 GENERAL COUNCIL restrictions. 2.14.1 General Council The General Council Staff Panel is comprised of representatives of the four civil service unions (AHCPS, 2.16 ATTENDANCE MANAGEMENT FORSA, POA and VOA) and constitutes the staff side DPER has requested an engagement with all unions in the operation of the Civil Service General Council at which General Council Staff Panel about a new attendance matters relating to pay and terms and conditions of management policy. This has yet to take place within a

26 AHCPS Annual Report 2019/2021 sub-committee of General Council. When this subject was arrangements & promoting advancement to senior & first mooted in 2018 the Staff Side made it clear that the high profile roles; ‘Equality & Diversity Action Plan’ – to original intention of mirroring a policy similar to the bring together all the different policy strands, standards & Underperformance Policy was unacceptable. targets. Other headings covered were ‘Nationality/Race/Ethnicity’, ‘Health & Safety at Work’, ‘Pay The review of sick leave arrangements for the public Systems’ and ‘Equality & Diversity Training’. service completed in 2018 introduced some welcome changes and these are being applied on an ongoing basis. Improvements were sought in the circumstances in which 2.19 SHORTER WORKING YEAR/TERM TIME the Critical Illness Protocol can be applied and a simplification of the Temporary Rehabilitation The Civil Service Staff Panel raised the matter of the Remuneration (TRR) arrangements. The Labour Court was Shorter Working Year Scheme with DPER on several partly involved on some issues and recommended that occasions expressing concern that there was no appeal there should be no waiting period for payment of TRR mechanism or a method for redress where issues arose. It where TRR arises immediately following a continuous was the view of the Official Side that the granting of the long-term absence. In other cases of TRR the waiting Shorter Working Year is dependent on the business needs period is recommended at three days. The Labour Court of an organisation and as such must be left within each also recommended that TRR be paid at a standard rate of operational unit of a department/office to approve. 37.5%. Individuals with an entitlement to a higher rate It was subsequently agreed that DPER would write to continue to receive this for a period of five years. departments recommending that where appeal mechanisms are currently not in place provision should be made to provide that the refusal of an application for 2.17 BEREAVEMENT LEAVE the Scheme can be reviewed at a more senior level in Bereavement leave for Civil Servants whose spouse or business units. DPER was also to recommend the listing of partner has passed away was increased from 5 to 20 Shorter Working Year Schemes in a timely fashion on the days in January 2017. The 20 days leave also applies agenda of Departmental Councils. AHCPS attendees at following the death of a civil partner, child or adopted Departmental Councils are therefore asked to ensure that child. Leave for the death of an immediate relative e.g. this is an annual agenda item. father, mother, father-in-law, mother-in-law, grandfather, grandmother was increased from 3 to 5 days. Ten days leave will apply for the stillbirth or pre- 2.20 STAFF WITH DISABILITIES natal death of a child after 24 weeks pregnancy and will DPER maintains a web site on disability issues. It can be be available to the father, partner or co-habitant of the accessed at http://hr.per.gov.ie/disability/. The mother. Association attended the ICTU Disability Seminar in The death of an uncle, aunt, niece or nephew will be 1 Belfast from 14-15 February 2019 which was a very day. However, if the civil servant has been living with worthwhile and well attended event. the deceased or must make funeral arrangements, that leave will be increased to 5 days, though this is at the discretion of the relevant HR unit. 2.21 FLEXIBLE WORKING HOURS [FWH] There are over 400 members availing of flexitime. The Haddington Road Agreement [HRA] impacted negatively 2.18 EQUALITY/DIVERSITY/WORK LIFE on all newly appointed Assistant Principal Officers by way BALANCE of restrictions imposed under the Agreement. The Association is represented at the Equality Sub- Following representations from the Association DPER Committee of General Council by Assistant General issued a Memo to all HR Managers in August 2018 stating Secretary [AGS], Billy Thompson. there was no restriction to employers introducing flexible working hours for all staff in all Departments. The Staff Panel scoping paper outlining the areas of equality and diversity that it wanted reviewed and This left the issue of the right for newly appointed APs to discussed as part of a general evaluation of issues was fully accrue flexi leave. This flexibility is sought for family discussed with DPER via the work of the Sub-Committee reasons and without the provision it mitigates against of General Council. members balancing work life responsibilities. This has been highlighted at ADC from 2016 through to 2019 by The issues identified included: ‘Recruitment’– examination a considerable number of similar motions led by an of data on successful candidates in competitions, training Executive Committee motion on the subject. 2021 will for interview boards & details of equality proofing see a further Executive motion calling for a removal of this measures; ‘Disability’– request for full data on numbers rule. employed, training & career opportunities and accessibility of workplaces; ‘Gender’- examination of data The subject of FWH is normally immediately linked to on pay rates, equal pay audits, atypical working parents managing childcare arrangements but there is

27 AHCPS Annual Report 2019/2021 growing evidence of the facility being required by some time with DPER. This concerns superannuation and members with carer responsibilities for aging parents the treatment of parental leave in circumstances where together with those managing studies and personal the leave is taken in individual days and spans a weekend. health or medical issues. The outcome of these discussions has been positive, and a review of the superannuation scheme concluded in mid- In addition, ESRI material such as the report “A study of 2016 with the recommendation that Saturdays and gender in senior civil service positions in Ireland” Sundays would be pensionable days. A formal decision December 12, 2017 / ESRI Research Series – Authors: Helen on the subject was awaited for some time but it is now Russell, Emer Smyth, Selina McCoy, Raffaele Grotti, Dorothy the position that DPER is preparing guidance instructions Watson & Oona Kenny – https://doi.org/10.26504/RS66 for departments that will indicate that it is accepted that highlights the lack of family friendly initiatives particularly where staff take two days parental leave that spans a for senior manager grades. weekend the loss in terms of pensionable Service should The Association sees the accrual of flexi leave as an only be two days. The instructions will have retrospective integral part of flexi working and without this it results in effect which is a welcome development. APs working side by side having different working DPER continues to stress the importance of giving six conditions in departments where flexitime or flexible weeks-notice prior to the taking of Parental Leave. working arrangements are operated for APs. This is neither fair nor sustainable. The Association took the matter of accrual of flexi leave 2.24 ANNUAL LEAVE before the Arbitration Board, but the Board supported the The Association along with the other unions making up DPER position stating it was not allowed under the terms the Staff Side of General Council engaged with DPER in a of the Haddington Road Agreement. Sub-Committee of General Council on the matter of The Association has raised the matter at the Sectoral Talks annual leave and a potential revision of the current annual linked to ‘Building Momentum’ the new public service leave circular. pay agreement and at discussions on the new Civil Service This links to a claim filed by the Association at General Action Plan. It has been agreed that the correct forum for Council and supported by the Staff Panel of unions for a the subject is the engagement on the ‘Post Covid Blended review of the appropriateness and need for a three-year Working Policy Framework’. leave cycle. A motion to this effect was passed at our ADC in May 2017. 2.22 PATERNITY LEAVE Further meetings of the sub-committee are envisaged when DPER has considered the views put forward at the It was agreed with DPER that the existing scheme for initial engagement. paternity leave would be extended to address EU changes and amendments in the Government’s paternity leave legislation set out in the Paternity Leave and Benefit Act 2.25 WORK-SHARING 2016. Circular 18/2016 ‘Paternity Leave in the Civil Service’ sets out the changes effective from 1st September The Association continues to highlight the anti-family 2016. Eligibility is now extended to all “relevant parents” nature of work sharing restrictions and the way, along as defined in the Act and provides for a single period of 2 with the current policy on FWH, it curtails managing work weeks leave with pay. In general, a person on paternity life balances. The Association has no direct evidence of leave in the Civil Service is entitled to normal pay subject where these restrictions aided departments in the to conditions set down in the Circular. management of staff numbers. It is entirely questionable if any such benefit arose, but the continued application of the practice is highly questionable now that the 2.23 PARENTAL LEAVE moratorium on staff numbers has been lifted. Finance circular 13/2010 outlines the provisions of this The Haddington Road Agreement committed both sides scheme. The D-PER website sets out any subsequent to reviewing the work-sharing scheme including the changes or restrictions. On 1st September 2019 the patterns that should be available. It is set out in Circular amount of parental leave was increased from eighteen 12/2013 that management has the discretion to alter or working weeks (90 days) to twenty two working weeks change an individual’s work-sharing arrangements on the (110 days) for full-time employees with at least one giving of three-month’s notice with management year’s continuous service prior to taking parental leave. reserving the right, on reasonable business grounds and It is calculated on a pro-rata basis for work-sharing staff. with reasonable notice to require a person to vary his/her Each “relevant parent” is entitled to parental leave. On work-sharing arrangements or to require a person to 1 September, 2020 there was a further increase in resume full time work. It is up to managers/organisations, parental leave to twenty six weeks. while considering the personal responsibilities and obligations of the other officer, to agree an appropriate The matter of how parental leave is calculated over work sharing arrangement that meets the needs of the weekend periods has been the subject of discussion for

28 AHCPS Annual Report 2019/2021 business and that this work-sharing arrangement may or Compliance Frameworks WG; Archives and Records WG; may not be the same as an individual’s pre-Haddington Branding and Communication WG and Data Modelling Road hours. WG. It is specified in Circular 12/2013 that no individual can The OPW has confirmed that Tailte Éireann will be one of retain an arrangement that results in a work-sharing the public bodies accommodated in the new Distillers pattern of less than 50% in accordance with Section 18 Building opposite Phoenix House. Construction works (Work-sharing) of Appendix 4 of the Haddington Road temporarily ceased on the building due to COVID-19 Agreement. It is specified in paragraph 5 of Circular restrictions. This will impact on timelines and the 12/2013 that each individual’s work-sharing anticipated move of staff from existing locations in the arrangements must be formally reviewed on an annual PRA, Valuation and OSI. basis or earlier if required and again set out that management has the discretion to alter or change an individual’s work-sharing arrangements on the giving of 2.27 IRISH HUMAN RIGHTS AND EQUALITY three months’ notice. COMMISSION Members should also take cognisance of a letter to The Irish Human Rights and Equality Commission Act Personnel Officers on 7th December 2016 about the Civil 2014 dissolved the Equality Authority and the Irish Service Work Sharing Scheme. This addressed advice Human Rights Commission and transferred their functions sought by departments as to whether workshare to the Irish Human Rights and Equality Commission (the examples cited in Circular 31/2001 were exhaustive. “IHREC”). The IHREC, an independent statutory body, Departments were advised that this issue was addressed was established under the Act on 1 November 2014. The at the Equality Sub-Committee of General Council and AHCPS, together with representatives from the other that the terms of Circular 31/2001 are not intended to be unions participated in negotiations that resulted in the exclusive. Patterns specifically mentioned are merely establishment of an Industrial Relations Council that now examples that may be used in Category 1, Category 11 meets on a regular basis. etc. Consequently, variations can be agreed at a local level. The Circular itself states that it is important that both management and those participating in the scheme 2.28 SHARED SERVICES adopt a flexible approach. DPER has confirmed that this 2.28.1 HR Shared Services remains the position except for the new provisions in HR Shared Services continues to provide HR and pensions Circular 12/2013 precluding work sharing patterns of less administration shared services to 34,800 civil servants than 50%. across 39 government departments and Public Service Bodies. 2.26 MERGER OF PROPERTY REGISTRATION Difficulties continue to arise particularly with AUTHORITY, VALUATION OFFICE AND overpayments, time delays and the increasing workload ORDNANCE SURVEY OF IRELAND within HR. There has been progress on some issues, but new ones arise on a continual basis. The draft legislation to merge the Property Registration Authority, Valuation Office and Ordnance Survey of The Staff Panel decided that individual cases will be Ireland was published in January 2015. The new referred by the unions to the parent departments. Unions organisation is called Tailte Éireann. Mr John O’Sullivan, continue to take this approach as the duty of care rests the current Commissioner of the Valuation Office was with the department and not HR Shared Services. appointed as Chief Executive Designate. The Executive continues to keep the matter under review The Project Board established to oversee the merger but is concerned that some members are still meets roughly every two months. While the General encountering difficulties. Scheme of the Tailte Éireann Bill is now available it is intended that the Bill itself will be published and enacted 2.28.2 Payroll Shared Service Centre (PSSC) in 2021 with a view to establishing Tailte Éireann on 1st [now Payroll Shared Services] January 2022. In January 2018 the PSSC changed its name to Payroll The Board has agreed the terms of reference and Shared Services as part of the establishment of the membership of working groups established. These groups National Shared Services Office (NSSO). Payroll shared follow on from previous working groups that have been Services continues to make payments to approximately in abeyance in recent times. The different working groups 125,000 payees, including 60,000 pensioners. involved are: Legislation Working Group (WG); Finance WG; Strategic 2.38.3 NSSO Customer Survey HR WG; Accomodation WG; ICT Networks and The Association, together with FORSA, were invited to Communication Infrastructures WG; Future IT participate on the steering group for a comprehensive Consolidation WG; Tailte Éireann Governance & survey of NSSO customers. The purpose of the survey was

29 AHCPS Annual Report 2019/2021 to further understand customer experiences of dealing 2018. This bill provides for an increase in the compulsory with the NSSO, assist in benchmarking the NSSO’s retirement age of most pre-2004 public servants from age performance, to inform the development of an action 65 to age 70. These public servants generally had a plan to address areas of concern and to generally improve compulsory retirement age of 65 previously. the service. A comprehensive survey of both NSSO users Since 26th December 2018, any relevant public servant and customers at departmental level was conducted in who has not already reached his/her compulsory 2019. It was anticipated that a report and action plan retirement age before that date, now has a new would be developed by NSSO following consultation with compulsory retirement age of 70 and will have the choice the Steering Group during 2020. However, this was to work beyond the age of 65 to age 70 if they so choose. impacted by the Covid-19 pandemic. The union representatives are yet to receive any further contact regarding the resumption of this project. 2.31 TLAC 24 TLAC type competitions were held during 2019-22 2.28.4 Financial Management Shared Services appointments were made from these competitions – all (FMSS) Project the competitions were open. The goal of the FMSS project is to replace 31 disparate financial reporting systems across 48 Government 21 TLAC competitions were held in 2020 – all open departments and offices with a single financial competitions. Recommendations were made for all 21 management system. The project began in 2016 and competitions. implementation has taken longer than in the original plan primarily due to underestimation of the work required to bridge the gap from the current predominately-cash 2.32 SENIOR PUBLIC SERVICE (SPS) accounting system to build a comprehensive system in The Senior Public Service has been established to further compliance with international standards. The enhance the leadership skills and performance of senior Government has agreed to extend the date for civil servants. A vacancy that arises at Deputy/Assistant completion of the project to 2025. Secretary General level in the Civil Service must first be offered to the Senior Public Service. Mobility is overseen by the Mobility Subgroup of the SPS Management 2.29 SUPERANNUATION/PUBLIC SERVICE Committee. The subgroup is chaired by the Secretary PENSIONS GENERAL General, PER. Its membership comprises the Secretary General, Department of the Taoiseach and the Secretary The Public Service Pensions (Single Scheme and Other General, Department of Social Protection. When the Provisions) Act 2012 became law on 28 July 2012. The Department of Public Expenditure and Reform approves Act provides for a Single Public Service Pension Scheme (the the filling of a vacancy at Deputy/Assistant Secretary level, “Single Scheme”) for new public servants. it is notified in the first instance to the SPS secretariat. The The commencement date for the new scheme was 1 Mobility subgroup then considers, in conjunction with January 2013 and new recruits to the public service on or the Secretary General of the Department in which the after that date join the new scheme, while already-serving vacancy arises, how the vacancy should be filled. staff remain in their existing schemes. An information This decision should be made no later than a week after booklet on the scheme can be accessed at receipt of the job description. If it is decided that the post http://www.per.gov.ie/single-scheme/. should be filled by open competition, the TLAC secretariat Arrangements have now been put in place to enable will be notified and the normal TLAC process will apply. scheme members to put in place purchase arrangements. If it is decided that the vacancy should be filled by lateral This can be done on a lump-sum basis only and can mobility, all SPS members at that level will be notified by involve either purchasing addition pension or converting email and the vacancy will be advertised on the SPS an existing pension or PRSA into the Single Scheme. website. The Mobility subgroup, together with the Secretary General of the sponsoring Department, will decide on the most suitable candidate for the position, 2.30 PUBLIC SERVICE SUPERANNUATION based on the information submitted in respect of each (AGE OF RETIREMENT) BILL 2018 applicant. If there are no suitable applications through On 26th December 2018, the President signed into law mobility for the post, it will be filled through open the Public Service Superannuation (Age of Retirement) Bill competition by TLAC.

30 Part Three

STATE ENTERPRISES

3.1 AN POST customers flocked to online shopping and away from the high street. New rules of engagement have been agreed to support ways of working. It is widely recognised that 3.1.1TRANSFORMATION our members have played a significant part in dealing Major trends are changing An Post’s operating with the challenges that have arisen from COVID-19. environment. The Association continues to support members in the altering structure. The company is evolving the culture through the “Shaping our World” 3.1.3 New Pay Agreement Programme that is re-imagining New Ways of Working as WRC Labour Court recommendation c-165515-21 it plans the move to a new HQ. provided for a pay freeze from 1st May to 31st December 2020 in recognition of the difficulties arising from the Negotiations and engagement are ongoing around new Pandemic. It was recognised that An Post staff performed roles and new skills required to perform these new roles. admirably during difficult circumstances and those efforts The proposed move to the EXO Building at the Point should be rewarded by the application of a basic pay Village in the Docklands area will bring challenges for increase with effect from 1st January 2021 until 31st members. The Association is pressing for the application December 2021. This was fully endorsed and accepted of the maximum degree of remote working where that is by the Association. possible. In addition, in conjunction with the FORSA and CWU the AHCPS has identified that in some cases people will choose to leave or retire and must be supported 3.1.4 Personal Pay Contracts through reasonable exit and retirement packages. The Association finally reached agreement with the company in Q4 of 2020 on the movement across of circa The new business units within An Post – ‘Mails & Parcels’ 53 of our managers to PRP or Performance Related Pay. and ‘Retail’ – headed by two separate Managing This was done following a determination from the Directors has delivered significant gains for the company Monitoring Group that was acceptable to the branch and the explosion in on-line packets and parcels business committee and the members involved. A small number has extensively benefitted the organisation. continue to be governed by collective pay agreements The Association is fully aware of the significant role our who by choice are excluded from PRP. This point was grades play in driving the change management covered in a comprehensive submission from the programme. The AHCPS fully supports An Post in the road Association. Access to PRP has already benefited members ahead and the opportunities and challenges for our in the application of market movement to 2020 levels of members but continues to stress the importance of good pay and bonus entitlement linked to personal communication and early resolution of issues and performance. It is fully accepted that in the event of one welcomes the company’s due regard for our members of our members being unable to agree personal pay levels terms and conditions of employment. The Association is that member can bring the Association into the supporting our members in the Occupational Health Unit negotiations or to manage any appeal around the where discussions are ongoing concerning a restructuring process. programme. We have continually stressed the benefit of retaining the service within the company and fully 3.1.5 UNI Virtual P&L World Conference support the application of best practice in a programme The UNI Posts & Logistics World Conference takes place of evaluation to the benefit of employees and the from 25th to 27th May 2021. The union vision is around organisation. connecting people to deliver the future with the The Association wishes to highlight the importance of the conference originally scheduled for Dakar in Senegal. income stream from Government Departments to An Post. It is also a fact that An Post is now highly competitive in the provision of front office services and continues to be 3.2 IRISH AVIATION AUTHORITY the company of choice in mail and parcel delivery. The Association has been extensively involved in supporting members throughout 2020 and into 2021 on cost containment measures. These were applied by the 3.1.2 COVID-19 Pandemic Authority against a background of decline in air traffic The Pandemic brought major upheaval to business across movement globally, due to the effects and impacts of the the spectrum with a decline in letter volume and revenue COVID-19 Pandemic. but a massive surge in packet and parcel volumes as

31 AHCPS Annual Report 2019/2021

Initially a 4.5-day week was agreed by the Staff Panel of 2024. This provides for no pay or sectoral grade unions for July to October 2020. This was followed by a adjustments for the years 2020 and 2021. A Performance further phase of negotiations that resulted in our Verification Board or PVB will be established to determine members sustaining a 9.75% pay cut from 1/1/2021 to the appropriateness or otherwise of commencing the 31/12/21 following a ballot of members. The Agreement implementation of the sectoral adjustments of the CLA. in place allows for the involvement of the Disputes The PVB will also address scope for annual general round Resolution Board to examine the appropriateness of pay increases over the remaining three years of the CLA removing this pay cut at an earlier point. This is 1/1/22 to 31/12/24. The board will be chaired by Mr predicated on the financial position of the Authority Kevin Duffy and will comprise a staff and management altering as a result of improved aviation traffic. The nomination. Association took a lead role in ensuring there was The separation of functions of the Irish Aviation Authority agreement on a break period for Nov & December 2020 resulted in the appointment of the new Chief Regulator based on the evidence of the effectiveness of cost Mr Diarmuid O’Conghaile from 1st January 2021. Our containment measures up to 31/10/2020. members on the regulatory side will remain with the The Association through the Assistant General Secretary existing company while those associated with the and branch officers continues to actively attend and provision of the air navigation service are to transfer to a contribute to the work of the Joint Conciliation Forum or new entity. Vesting day is set for the 3rd of August 2021 JCF that is the main industrial relations forum in the but this timeline may extend into September depending Authority. FÓRSA together with the AHCPS are the two on the advancement of legislation. unions involved on the staff side. FÓRSA branches include Mr O’Conghaile and the current executive board have the admin grades, SRD, ATC, ATOA & AMROB. The indicated that they wish to commence discussions to put Association has near doubled its membership in the in place what they term Memorandums of Understanding Authority over the last two years. for each entity to cover industrial relations matters. In March 2021 members voted overwhelmingly to agree AHCPS & FORSA are pressing for the involvement of the a new Conciliation & Labour Agreement or CLA for 2020- Department of Transport and require robust agreements

Larry Dunne, Treasurer; Ciaran Rohan, General Secretary; Paul Malone, Deputy General Secretary; Edna Dowling, Chairperson; Val Jeffrey, Vice-Chair; Billy Thompson, Asst. General Secretary

32 AHCPS Annual Report 2019/2021 protecting staff pensions and terms and conditions of The 2nd tier of the new organisation design for ETBs, for employment. No coherent plan regarding pensions has grades below Director ( PO Level), has not been finalised been put forward. and is still the subject of on-going discussions between the staff and management sides through the ETB IR forum. The matter was referred to the WRC by the staff 3.3 PREMIER LOTTERIES IRELAND [PLI] side and despite a number of engagements in 2020 with Premier Lotteries Ireland [PLI] came into existence on management under the auspices of the WRC, no 30/11/14 with the transition of staff, functions and assets agreement has been reached on a way forward. from An Post National Lottery. PLI is owned by Ontario Teachers’ Pension Trust (77% approx.) and An Post (23% approx.). During 2013 & 3.5 FOOD SAFETY AUTHORITY OF 2014 the group of unions inclusive of the AHCPS IRELAND (FSAI) negotiated the transition over to PLI. This was facilitated Following unsuccessful attempts to resolve a long- via the then Labour Relations Commission [now the standing PCW issue with the Authority, the Association Workplace Relations Commission] and the Labour Court referred the matter to the WRC in 2020. A number of to ensure there were several safeguards in place for staff. conciliation hearings took place virtually in 2020 between These related to EU Protection of Employees on Transfer the Association and the Authority (represented by IBEC). of Undertaking Legislation (TUPE), provision of a Pension At the time of writing the matter remains with the WRC. Scheme no less favourable that the An Post Pension Scheme, union recognition, collective bargaining rights and retention of particular staff rights. 3.6 OTHER AGENCIES The Association set up a separate AHCPS Branch in PLI in The Association continues to provide a negotiating and 2015 to address industrial relations matters and represent representational service in respect of pay, terms and members within the new company. Since that time the conditions of employment and related matters in a Association has attended all meetings of the Industrial number of state agencies including: Relations Forum in the company. l Financial Ombudsman The Association has representative rights for Level 3 l The Arts Council managers in the company that are equivalent to Assistant l Principal Grades. The Association has individual The Heritage Council representative rights for Level 2 managers that are l Citizens Information Bureau equivalent to Principal Officer Grades. l Commission for Regulation of Utilities (CRU) Pay increases in PLI track the HAY Market Movement. l Family Support Agency Following reinstatement and agreement on the pay position as negotiated by the Association in 2016 pay l Food Safety Promotion Board (SafeFood) increases each year are in accordance with the HAY l Health & Safety Authority movement. l National Centre for Partnership & Performance The Association had been pressing for some time for a l sizing exercise to be completed as part of a review of roles National Library of Ireland and functions of our L3/AP members. This was finalised in l National Museum of Ireland Q3&4 of 2020 to the benefit of members. l National Council for Special Education The Association supported members in Q4 of 2020 on an l Pensions Authority issue concerning draw attendance. This arose concerning the interpretation of COVID travel restrictions that allow l Residential Tenancies Board for necessary work travel and this was resolved Q1 of l Road Safety Authority 2021. l The Teaching Council The Association continues to support members on the l matter of ongoing restructuring within the company. Water Safety Ireland l Western Development Corporation 3.4 SOALS/EDUCATION AND TRAINING BOARDS (ETBS) As previously advised the 1st tier of the new organisation design for ETBs below Chief Executive at Director level (PO Equivalent) was implemented in 2016. The organisation design is based on a three-pillar approach, Schools, Further Education and Training and Organisation Support & Development.

33 AHCPS Annual Report 2019/2021

Michael Holohan and Trevor Noonan, Justice Branch

34 Part Four

AFFILIATIONS AND RELATIONS WITH OTHER ORGANISATIONS

4.1 IRISH CONGRESS OF TRADE UNIONS 4.5 ICTU YOUTH COMMITTEE The Association continued its membership of ICTU during The association is represented by Eimear Allen (Health) the year. Ciaran Rohan General Secretary was re-elected on the ICTU Youth Committee. to the Executive Committee of Congress at the Biennial Conference held in Dublin in July 2019 for a two-year term. 4.6 ICTU HOUSING CAMPAIGN The ICTU Charter for Housing Rights was launched in January 2018. The Campaign calls for the adoption and 4.2 PUBLIC SERVICES COMMITTEE implementation of the following principles; The Association participated in the work of the Public 1. Declare a national housing and homelessness Services Committee of Congress. The Committee is emergency and initiate a major public housing representative of public service unions in the civil service, building programme, delivering a minimum of local authorities, health boards, teaching and those 10,000 new homes annually over the next five years. general and craft unions which have members in the public service. 2. Hold a referendum or introduce legislation within a set timeframe that affirms the right to housing for every citizen of the state. 4.3 ICTU WOMEN’S COMMITTEE 3. Legislate to ensure that all tenants within the rental The Women’s Conference 2020 was held on 5/6 March sector enjoy security of tenure and certainty in 2020 in Wexford and attended by Edna Dowling AHCPS relation to rent and standards of accommodation. Chair, Lorraine O’Donoghue Executive Committee and

Billy Thompson Assistant General Secretary The theme of 4. There can be no evictions to nowhere and evicting a the Conference was Realising our Rights: women family or an individual into homelessness must be workers organising for change. prohibited by law.

5. Develop a national Land Management Policy 4.4 ICTU GLOBAL SOLIDARITY commensurate with a Right to Housing. COMMITTEE The Global Solidarity Committee is the former ICTU Third World Committee. The Union is represented by the IRO.

Paddy Howard, John Howlin, Patricia Ballantine, Martina Hennessy, DPER Branch

35 AHCPS Annual Report 2019/2021

4.7 NERI 4.9 ICTU RETIRED WORKERS’ COMMITTEE The Association has been an affiliate of the Nevin The Association continues its support for this Economic Research Institute, (NERI), since its foundation. organisation. The Association nominated Ann Walsh and Brian Fitzpatrick to the ICTU Retired 4.8 ICTU PEOPLES COLLEGE Workers’ Committee and Ann attended the 2020 Retired Workers Seminar in Dublin. The Union continued its affiliation to the People’s College. The College was founded in 1948 by the Trade Union movement. The College operates from the ICTU Head 4.10 VETERINARY OFFICERS’ ASSOCIATION Office at 32, Parnell Square, Dublin 1. It organises (VOA) evening courses covering a range of topics at very The AHCPS continues to provide negotiating and reasonable rates. The ethos of the College is the ethos of representational facilities to the Veterinary Officers’ the Trade Union movement - solidarity, collectivism and Association. The AHCPS General Secretary also acts as self-help. The full details of the courses on offer can be Negotiating Secretary of the VOA. found on the People’s College web site at www.peoplescollege.ie Joanne Pearson is the Director of The VOA represents veterinary staff in the State Veterinary the College. Service. The members of the VOA are also associate members of the Association.

Billy Thompson, Val Jeffrey, Edna Dowling, Ciaran Rohan Larry Dunne and Paul Malone

36 AHCPS Annual Report 2019/2021

Ciaran Rohan, General Secretary; Paul Malone, Deputy General Secretary and Billy Thompson, Assistant General Secretary

4.11 CIVIL SERVICE UNIONS 4.14 UNION OF FINANCE PERSONNEL IN The Association maintains close contact with the Forsa EUROPE (UFE) and the POA. The Association is affiliated to the UFE in respect of its Revenue and Department of Finance membership. 4.12 RETIRED CIVIL AND PUBLIC SERVANTS Dermot Brown (Finance Branch) is a UFE Vice President. ASSOCIATION The Association provides accommodation facilitates to 4.15 UNION NETWORK INTERNATIONAL the Retired Civil and Public Servants’ Association and facilitates them in every way possible. [UNI] The Association is affiliated to UNI in respect of its An Post membership. 4.13 EUROPEAN FEDERATION OF PUBLIC SERVICE UNIONS (EPSU) 4.16 FDA UK AND ARC UK The Association is affiliated to EPSU since 1st January The Association was represented at the 2019 FDA Annual 2006. The Federation, which was founded in 1978, Delegate Conference by General Secretary Ciaran Rohan. represents 8 million workers in 216 public service unions The Association also maintained close contact with the in all EU countries. The 2019 Congress of EPSU was held FDA (Northern Ireland). The 2021 AGM was held on 26 in Dublin in June 2019 and the Association together with February 2021 and General Secretary Ciaran Rohan and the other Irish affiliates were involved with the EPSU Deputy General Secretary Paul Malone attended the secretariat in the arrangements of the Congress. The online event. Congress was very successful and was attended by AHCPS Chair, Edna Dowling, Vice Chair Val Jeffrey, The AHCPS Revenue Branch also maintains close relations Treasurer Larry Dunne, General Secretary Ciaran Rohan. with FDA ARC (Association of Revenue and Customs).

37 AHCPS Annual Report 2019/2021

Val Jeffrey (former Vice Chairperson & former Revenue The Committee launched a canvass across several Branch Chairperson) and General Secretary Ciaran Rohan departments with visits to all Departments being planned. attended the ARC AGM in London on the 7 & 8 May All members who are not contributing are asked to 2019. consider joining this worthwhile fund. The website for the fund can be viewed at www.cstwf.ie 4.17 INSTITUTE OF PUBLIC ADMINISTRATION The Association continued in membership of the IPA. 4.21 CIVIL SERVICE CHARITIES FUND The Fund was established in 1991 by the Civil Service Unions as a means of responding to the many appeals for 4.18 IRISH LABOUR HISTORY SOCIETY help received by them from Irish charitable organisations. The Association is also affiliated to the Irish Labour History It is a mechanism through which Civil Servants can Society. combine to offer maximum support to selected Irish charitable projects at minimum cost to themselves as individuals. The cost is 0.01% of gross pay per annum. 4.19 HOSPITAL SATURDAY FUND Larry Dunne, represents the Union on the Management The General Secretary Ciaran Rohan and IRO Larry Dunne Committee and the General Secretary, Ciaran Rohan is a are Association Members of the HSF Health Plan during Trustee of the Fund. the year. The Fund has been granted charitable status by the Revenue Commissioners. 4.20 COMBINED SERVICES THIRD WORLD The Management Committee meet quarterly to consider FUND applications. The Combined Services Fund is drawn from deductions at The Committee noted that as well as the decrease in pay, source by members in the Civil Service, Eir, An Post, FAS the amount being contributed also reflects a reduction in and the Irish Aviation Authority. The rate of deduction is the overall numbers. only 0.01% or 0.02% of pay or 1 cent or 2 cents for every 10 Euro of salary. Either rate is optional. Membership forms are available from The Secretary, (Mr Eugene Dunne), CSCF, Nerney’s Court, Dublin D01 Larry Dunne is a member of the Management Committee R2C5. (Tel. 01 661 2381) and all members in the Civil which considers and approves loans. The committee met Service are encouraged to contribute. bi-monthly. The fund website can be accessed at The AHCPS Executive made a contributed to the fund to www.civilservicecharitiesfund.ie. assist with promotional activity. The Committee noted that as well as the decrease in pay, the amount being contributed also reflects a reduction in the overall numbers.

38 em m ber g s n f i o t r n

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MINUTES OF THE ANNUAL DELEGATE CONFERENCE HELD ON 10th MAY 2019

1 Opening of Conference Appendix 1 to these minutes. She paid tribute to Tom Allen on his stepping down from the Executive 1.1 The Chairperson, Edna Dowling, called Conference Committee, and his previous roles as Chairperson to order at 13.39 and Vice-Chairperson. She also noted that this year 1.2 She welcomed the delegates, guests and media to marked the 100th anniversary of the introduction of the conference. In particular, he welcomed Alan the 8-hour day for railway workers. Sampson from the FDA UK and Neil Jackson from the FDA NI. 6 The Financial Statement – Treasurer’s Report

1.3 She also asked delegates to speak to Jackie if they 6.1 The Treasurer, Larry Dunne, introduced the Financial have queries re dinner tickets, informed delegates Accounts. that there would be a drinks reception prior to 6.2 The Financial Secretary went through the Income dinner, and indicated where the fire exits are. and Expenditure Account. He stated that there was 1.4 She also highlighted the AHCPS Twitter account an increase in both income and expenditure this € #AHCPSADC19 and informed delegates that there year. Income was up around 159k (13.7%). mainly would be a presentation by John Ryan, CEO of due an increase in membership and pay restoration. € “Great Place to Work in Ireland”. Expenditure was up by 196 (16%) mainly due to the 75th anniversary of the Association, work on the premises and legal costs and professional advice for 2 Adoption of the minutes of the Annual members. Investments have been growing, and we Conference 2018 have a strong financial reserve. 2.1 The minutes of the Annual Delegate Conference 2018 were put to the floor by the Chair and were 6.2 Membership is back up near the 2008 figures. Newer adopted by Conference. staff tend to have no background in joining trade unions. Delegates are asked to encourage their new colleagues to join. The gender breakdown is 1725 3 Appointment of Tellers (61%) male and 1475 (46%) female. There were 2 3.1 The following delegates were appointed as tellers: bereavement grant claims in 2018 and 4 so far this year. Billie Carrie Oireachtas Greg Whelan Revenue 6.3 He thanked Jackie, Paul and Jennifer in Head Office for their support during the year. Paul Martin OGP 6.4 John Maher (Revenue) asked why miscellaneous Joe MorrinEASP expenses had increased from €3,000 to €68,000. This was due to flooding and lift works in Head 4 Adoption of Standing Orders Committee Report Office. 4.1 Larry Cashman (Chairperson of Standing Orders 6.4 The Financial Statement was adopted by Committee) proposed the adoption of Standing Conference. Orders Reports No. 1 and 2 covering the nominations for positions, the order of business and motions at Conference. There are 13 nominations 7. Standing Order Report 3 for the Executive Committee, for 12 positions. There 7.1 Under Standing Orders Report 3, the Executive are 6 nominations for the 6 positions on the SO Committee proposed the appointment of Mary Committee. Motions no 23, 25 and 26 have been McLoughlin as Honorary President. This was ruled out of order. Speakers were reminded on the approved by Conference. time limits for speaking on motions. 8 General Secretary’s Address 5 Chairperson’s Address 8.1 The text of the General Secretary’s Address, introducing the Annual Report for 2018/2019, is Val Jeffrey (Vice Chairperson) then called on the reproduced at Appendix II of these minutes. Chairperson, Edna Dowling, to give her address to Conference. This Address is reproduced at 8.2 He welcomed the appointment of Mary McLoughlin

39 AHCPS Annual Report 2019/2021

as the Association’s first female Honorary President. Motion 2 He also paid tribute to Tom Allen on his stepping Proposed by Greg Whelan (Revenue) and seconded by down from the Executive. Melissa Brennan (Revenue). The motion was carried. 9 Vice-Chairperson’s Address 9.1 Val Jeffrey addressed the Conference on “Engaging with Members”. The Association had held seminars Motion 3 in the last 15 months on Women in Leadership, Proposed by Tracy O’Keeffe (Justice) and seconded by Brexit, Workplace of the Future and Wellness. Paul O’Farrell (Justice).

9.2 There have also been five seminars on Preparing for The motion was carried. the PO, which 600 members attended. There has also been branch officer training and retirement seminars. Motion 4 Proposed by John McDonnell (Education) and seconded 9.3 The Annual Report was then adopted by Conference. by Gary O’Doherty ((Education).

10 MOTIONS The motion was carried. Motion 1 Motion 5 Proposed by Val Jeffrey (Vice-Chair/Revenue) and Proposed by Val Jeffrey (Vice-Chair/Revenue) and seconded by Mark O’Connor (Exec/Solas). seconded by Margaret Doyle (Revenue). Speaker on the motion was Ciaran Rohan (General Speaker on the motion was Paul Malone (Deputy General Secretary). Secretary) The motion was carried. The motion was carried.

Noel Holleran, Executive; Brid Farrell, Agriculture Branch

40 AHCPS Annual Report 2019/2021

Motion 6 Motion 14 Proposed by Deirdre O’Higgins (Business) and seconded Proposed by Adam Egan (NSSO) and seconded by by Rob Walsh (Business). Deirdre O’Higgins (Business). Speaker on motion was John Maher (Revenue). The motion was carried. The motion was carried. Motion 7 Proposed by Adam Egan (NSSO) and seconded by Motion 15 Lorraine O’Donoghue (Exec/Housing). Proposed by Paula Curran (Revenue) and seconded by Greg Whelan (Revenue). The motion was carried. Speakers on the motion were Adam Egan (NSSO), Eltin Moran (Exec/EASP), Brian Lucas (Culture), Michelle Motion 8 Maguire (Revenue), and Gary O’Callaghan (Revenue). Proposed by Val Jeffrey (Vice-Chair/Revenue) and seconded by Chiara Popplewell (Exec/FA). Proposal to remit proposed by Nigel Hutson (FA, seconded by Ciaran Desmond (Defence). Speakers on the motion were Billy Thompson (Asst General Secretary), John Maher (Revenue), Standing Orders ruled that only the Revenue branch could offer to remit, as it was their motion. John Condon (An Post), Adam Egan (NSSO), Paul O’Farrell (Justice) and Katie Morrisroe (FA). Paula Curran (Revenue) exercised her right of reply.

The motion was carried. The motion was lost. A presentation was then made by John Ryan, CEO of “A Great Place to Work in Ireland”. Motions 9 Proposed by Sean McHugh (Foreign Affairs) and Standing Orders proposed a change to the agenda to seconded by Katie Morrisroe (Foreign Affairs). allow more time. Speaker on the motion was Orla McBreen (Exec/Foreign Ballot papers were then collected by the tellers. Affairs). The prize draw run by Cornmarket was won by Dermot Brown (Finance) and Katie Morrisroe (FA). The motion was carried.

Motion 10 Motion 16 Proposed by Brian O Tiomain (Courts) and seconded by Stands for Motions 16, 17 and 18 Alice White (Courts) Proposed by Joan Kennedy (Agriculture) and seconded by Pat Keena (Agriculture). The motion was carried. The motion was carried. Motions 11 Proposed by Val Jeffrey (Vice-Chair/Revenue) and Motion 19 seconded by Larry Dunne (Treasurer/DPER). Proposed by Martin Finucane (Communications) and Speaker on the motion was Ciaran Rohan (General seconded by Paul Malone (Deputy General Secretary) Secretary). Proposal to remit by Paul Malone (Deputy General Secretary). The motion was carried. The motion was remitted. Motion 12 Carried with Motion 11. Motion 20 Proposed by Michelle Maguire (Revenue) and seconded by Melissa Ryan (Revenue). Motion 13 Proposed by Greg Whelan (Revenue) and seconded by Amendment proposed by Val Jeffrey (Vice-Chair/Revenue) John Maher (Revenue) and seconded by Willie McIntosh (Exec/Education).

The motion was carried. The motion as amended was carried.

41 AHCPS Annual Report 2019/2021

Motion 21 Motion 28 Proposed by Melissa Ryan (Revenue) and seconded by Proposed by Olive O’Malley (Revenue) and seconded by Michelle Maguire (Revenue). Gerry O’Callaghan (Revenue).

The motion was carried. The motion was carried.

Motion 22 Motion 29 Proposed by Julia Tarrant (EASP) and seconded by Dave Proposed by Dave Keogh (EASP) and seconded by Julia Keogh (EASP). Tarrant (EASP).

The motion was carried. The motion was carried.

Motion 23 Motion 30 Proposal to remit by Melissa Ryan (Revenue) and The motion was ruled out of order. seconded by Michelle Maguire (Revenue).

Motion 24 The motion was remitted. Proposed by Majella O’Dea (Education) and seconded by Gary O’Doherty (Education). Motion 31 Amendment proposed by Brid Farrell (Agriculture) and Proposed by James Wallis (EASP) and seconded by Julia seconded by Joan Kennedy (Agriculture). Tarrant (EASP). Speakers on the motion were Brian Lucas (Culture) and Speakers on the motion were Rob Walsh (Business) and Paul Malone (Deputy General Secretary). Ciaran Rohan (General Secretary). Brid Farrell (Agriculture) exercised her right of reply. The motion was carried. The amendment was lost and the motion was carried. The General Secretary then announced the results of the election to the Executive. The positions of Motion 25 Chairperson, Vice Chairperson, Treasurer and Standing Orders Committee were unopposed and The motion was ruled out of order. deemed re-elected. She thanked Larry Cashman, and Standing Orders, for Motion 26 keeping the conference on track, and a special thanks The motion was ruled out of order. to Jackie Lacey, who has worked on more than half of the annual conferences of the Association.

Motion 27 Conference was then declared closed. Proposed by Neil Maher (Housing) and seconded by Paris Beausang (Housing). Speaker on the motion was Ciaran Rohan (General Secretary).

The motion was carried.

42 STANDING ORDERS REPORTS NUMBERS 1, 2 & 3

STANDING ORDERS REPORT NO. 1 STANDING ORDERS REPORT NO. 2 1. The Standing Orders Committee recommends that the The Standing Orders Committee has received nominations motions be taken in the order as set out in the timetable for Officerships, Executive Committee and Standing Orders at 6 below. If a section finishes before the time allocated Committee as set out in the Draft Agenda. at the discretion of the Chairperson the Conference may There is one nomination for the post of Chairperson; it will move to the next order of business. therefore not be necessary to have an election for this post. There is one nomination for the post of Vice Chairperson; it Annual Report will therefore not be necessary to have an election for this 2. It is recommended that the Annual Report will be post. presented following the General Secretary’s address. There is one nomination for the post of Treasurer; it will The Annual Report will be open for debate. Individual therefore not be necessary to have an election for this post. items within the report can only be queried for factual accuracy. There are 13 nominations for the 12 elective places on the Executive Committee; it will therefore be necessary to have Following such general debate, the Report shall be put an election for these places. forward for adoption. Four nominations were received for the six positions on the Standing Orders Committee. Branches are accordingly Amendments to Motions invited to submit further nominations in accordance with 3. Two amendments have been submitted to Motion 20 and Rule 9(d)(iii). Such nominations should be received not later Motion 24 as indicated in the list of motions. Both than Wednesday 17th April 2019. amendments are in order. In all 31 motions have been received. Delegates are reminded that a simple majority is required for motions and amendments to motions, to be passed. The Committee recommends as follows in relation to the motions which have been submitted. Election of Standing Orders Committee Motion 11 stands for itself and Motion 12. 4. Two further nominations Denise O’Connell (Oireachtas) Motion 16 stands for itself and Motions 17 & 18 and Paul Martin (Office of Government Procurement) have been received for the Standing Orders Committee. Motion 23 out of order – as it is a local branch motion and calling on the Executive to ensure rather than local As 6 nominations for the 6 positions were received, no management. election will be necessary. Motion 25 out of order – issue is specific to Branch and may Catering arrangements impinge on locally negotiated arrangements with other Departments. 5. Light lunch available to delegates from 12.30pm at the venue. Coffee will be available on a continuous basis Motion 26 out of order – issue is specific to branch and immediately outside the conference room. may impinge on locally negotiated arrangements with other Departments. Amendments to motions by branches should be submitted STANDING ORDERS REPORT NO. 3 to General Secretary not later than 12.30pm Wednesday Appointment of Honorary President 17th April 2019. The Standing Orders Committee takes this opportunity to Larry Cashman (Chair) inform delegates that the Executive Committee nominates Fiona Casey for appointment as Honorary President Mary McLoughlin. Ciaran Denny Denise O’Connell Standing Orders Committee Maria Ryan May 2019 25 March 2019

43 AHCPS Annual Report 2019/2021 Timetable

6. Conference will commence 13.30 sharp, and conclude at 17.00. Motions not reached by that time will be remitted to the Executive Committee.

The following timetable is recommended.

AGENDA TIME

No. 1 Opening of Conference and Introduction of Guests 13.30

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 Financial Statement

No. 7 Appointment of Hon. President & Vice Presidents

No. 8 General Secretary’s Address and adoption of Annual Report

No. 9 Motions Motion 1 - 31 14.30-15.10

No. 10 Election of Officers, Standing Orders Committee and collection of Executive Committee Ballot Papers 15.10-15.15

No. 11 Speaker John Ryan CEO at Great Place to Work in Ireland 15.15-16.00

No. 12 Motions resumed 16.00-16.55

No. 13 Close of Conference 16.55 – 17.00

Larry Cashman (Chair) Fiona Casey Ciaran Denny Denise O’Connell Maria Ryan Standing Orders Committee 18 April 2019

44 Appendix 1

ADDRESS OF THE AHCPS CHAIRPERSON EDNA DOWLING ANNUAL DELEGATE CONFERENCE – 10th MAY 2019

elegates, it’s my great pleasure to I won’t dwell on them now and run the risk welcome you the members, our of stealing his lines! Dguests and fraternal delegates But the AHCPS will also continue to from our colleague unions to the offer other practical supports and 2019 Annual Delegate Conference advantages to its members and to be of the Association of Higher Civil responsive to their needs at every and Public Servants. It is both an stage of their careers; honour and a privilege to have been Chair of the Association for Whether it’s through our hugely- the past year. I thank you most popular seminars developed sincerely for affording me that Edna Dowling, specifically for members looking to Chairperson opportunity. AHCPS progress to the next level of their career, from which hundreds of It was with great pride that our members have benefitted to date; Association celebrated its 75th anniversary last year and you’ll recall that Or the very useful information and advice we marked the milestone with a series of very seminars held for those considering retirement, successful, well-attended events throughout the year. the tangible benefit of which to members is evidenced by the fact that places are always in such very high 2019 is also an auspicious anniversary year. It marks 100 demand; years since the “Eight Hour Day” for railway workers in Ireland came into effect where previously, the working Here, I’d like to record my sincere thanks to Ciaran Rohan, day had been of ten-hour duration. That was hugely to Paul Malone and Billy Thompson and to Jackie and significant because at the time, the railways were the Jennifer at HQ for the huge logistical effort that goes into largest private sector employer in Ireland. making all of that possible. 2019 also marks another centenary; that of the The AHCPS will continue to work constantly to remove International Labour Organisation, the UN Agency barriers to equality in the workplace and consistently to created by the 1919 Peace Conference that followed World War 1. The ILO brings together workers, employers and governments from around the world to advance social justice and promote decent work for all men and women. The eight-hour working day was also the first topic discussed by the ILO, which resulted in the Hours of Work Convention. A worker in 1919 celebrating wins like those must surely have anticipated that a century later we would have made even greater advances. But the truth is that, today we still face many challenges. At a time when there is often complacency about the value of union membership and sometimes even open hostility to worker representation, there is a real danger that, today’s workers, and especially younger workers, will be unable to avail of the same level of support which workers in previous generations have enjoyed; supports hard-won through the work of trade unions over very many years. In that climate, the AHCPS will always retain its strong focus on furthering the interests of its members and supporting their wellbeing. The Association’s very raison d’étre, of course, is to represent members and negotiate on their behalf, with the core aim of maintaining and improving pay and conditions of employment. Shortly, Larry Dunne, Treasurer; we’ll hear the General Secretary speak on those topics so Edna Dowling, Chairperson

45 AHCPS Annual Report 2019/2021

John Ryan, CEO, Great Place to Work in Ireland champion and defend working arrangements which are want to see addressed and progressed in the year ahead. family-friendly, carer-friendly and which improve work- So, delegates, as representatives of your Branches here life balance for all; today, please take every opportunity to participate and play your full part in the debate and decision-making. It will continue to assist where issues arise in the workplace, offering practical support to the membership Before concluding, I’d like once again to thank our as a group but also to individual members when required. officials and staff at HQ for their commitment and In fact, the volume of such cases dealt with each year by professionalism. I would also like to record my sincere our officials is remarkably high. appreciation of the dedication to their roles shown by all of my colleagues on the outgoing Executive Committee, The Association will continue to seek to gain leverage and for the support of my fellow officers, Val Jeffrey and from technological advances, especially those which will Larry Dunne. facilitate dynamic engagement with its members through various channels. I’ll take this opportunity to remind those of you who aren’t yet following that our Twitter handle is @ahcps. A sub-group of the outgoing Executive is engaged in a project to refresh our website and there is some great work and really great ideas coming out of that; we would also welcome suggestions from you as to the type of content you want to see there. We, the members, ARE the AHCPS. The Association can only be as strong as our engagement with it. At the risk of singing to the choir here, I would strongly encourage Branches to take full advantage of the comprehensive training available to members interested in becoming more active at Branch level or in taking up positions as Officers on their Branch Committees. This Annual Delegate Conference is the principal mechanism by which the incoming Executive Committee Gerry O'Callaghan and Margaret Doyle, can learn what matters to members and what members Revenue Branch

46 AHCPS Annual Report 2019/2021

In particular, I wish to extend very many thanks and best “There is but one mode by which man can possess in wishes to Tom Allen from Revenue Branch. Tom is perpetuity all the happiness which his nature is capable of stepping down this year from the Executive, having enjoying; that is by the union and co-operation of all, for the served for more years than he cares to remember, benefit of each.” including very successful terms both as Vice-Chair and then Chair. Activists such as Tom are the lifeblood of any Robert was Welsh. If he’d been Irish, he’d just have said union and are vital to its success. “Ní neart go cur le chéile.” Another activist, Robert Owen, a progressive factory Go raibh maith agaibh go léir. owner who was an advocate for the eight-hour workday more than a century before it came to pass, said:

Greg Whelan, Revenue; Joe Ainsworth and Kieran Downey, Garda Civilian Branch

47 Appendix 2

ADDRESS OF THE AHCPS GENERAL SECRETARY CIARAN ROHAN

Chairman, Delegates and Guests BUT the remaining FEMPI restoration payment is not scheduled to be paid until It gives me great pleasure to address you the end of June 2021. That will mean today to look briefly over the last year Ciaran Rohan, thirteen years without a pay increase. and look forward to the year ahead. AHCPS General Secretary The support of this Association for The theme of today’s conference is National Agreements such as the a Better Balance – Work, Life, Pay. PSSA has always been predicated Our guest speaker today is John on the ability to change direction Ryan from Great Place to Work when the budgetary or industrial Ireland and he will talk to us about circumstances demanded it. The the importance of wellbeing in the financial crash is one example of workplace. It is estimated that the such a change in direction. It is now average person spends 90,000 hours time to move beyond the language of their life at work. This emphasises of crisis and emergency, move our the importance of health and wellbeing focus from the past and look at real as an essential feature of a happy and increases in wages and purchasing power. productive workplace. As individuals we have The Public Service Stability Agreement needs a responsibility to ensure that we safeguard our to be reviewed to take into account inflation, the own physical and mental health. As managers and leaders exceptional growth of 2017 and 2018 and pay in the public service we play a vital role in creating and movements in the wider economy. The first part of such delivering a culture which develops and supports people a review should focus on the acceleration of the in realising their potential and which safeguards their repayment of the remaining restoration amounts. wellbeing. The emergence from recession has resulted in career As a union we have a key role in ensuring that public opportunities developing for members. Many have sector employers improve the quality of working life of advanced in their careers in the recent past as, after a sta through the integration of wellbeing in work long-term moratorium, posts have opened up. Also, the practices and policies. return of promotion opportunities has brought a range of practical issues that require vigilance to protect The past year marked the 75th anniversary of the members’ interests. However, it is very clear given the founding of the Association. increasing workloads of members that more needs to be A number of events were organised to mark the year. The done in Civil Service recruitment to address serious Association held seminars on “Women in Leadership”, staffing shortages and the pending retirement cliff. In this “Brexit and the “Workplace of the Future”. More than context the Association has repeatedly highlighted the 500 members attended these events. By way of further devastating corporate memory loss that will follow when engagement with the wider membership, seminars were so many experienced members retire. held for members interested in promotion to PO where Turning to the Semi-State area, in An Post members have over 600 members attended. In addition, we held endured another difficult 12 months. The Company has training events for Branch activists and seminars for those been engaged in a major restructuring process that has considering retirement. The feedback from these events seen the Association strive to protect members terms and from members was very positive. Keep an eye on our conditions of employment while providing fair voluntary website and twitter feed @ahcps for details of our exit mechanisms for those who wish to avail of them. I Wellness seminar on the 22nd of May and for details of want to thank the Branch Officers John Conlon and Eddie other future events. Hickey and Assistant General Secretary Billy Thompson for The past year saw a continuation of the pay restoration their hard work on behalf of the members in An Post. measures contained in the Public Service Stability Most members are aware that there was a very clear anti- Agreement. However, it is now eleven years since we last family-friendly theme running through the Haddington had a pay increase for our members grades. In that Road agreement. This particularly impacted on the grades period of time the cost of living has increased by 6%. This that the Association represents. highlights the fact that the spending power of our wages has been eroded by prices over the last decade. There are There are currently over 400 members availing of two further pay adjustments due this year and next year. flexitime. However, newly-appointed APs are not allowed

48 AHCPS Annual Report 2019/2021 to access flexi leave in those departments and agencies his keen mind and his ever-present sense of humour. Ba that have flexi time at the AP grade. This flexibility is mhaith liom gach rath a ghuí ar Tom. mainly sought for family reasons and mitigates against In conclusion I could not have done the job without the members balancing work life responsibilities. There is also support of some key people whom I would like to thank. very strong anecdotal evidence that the flexitime issue allied with the pay cuts is providing a disincentive to I want to thank the Officers, Larry, Val and Edna and the promotion. Recent research from the ESRI highlights the Executive Committee for their help and support over the lack of family-friendly initiatives as being a barrier for past year. women seeking promotion to senior positions. The I want to thank the Standing Orders Committee led by Association is awaiting a hearing date in relation to a Larry Cashman for their customary care and attention to claim lodged at General Council seeking the reversal of organising conference business. I also want to thank Mark the policy on the basis that it is also inequitable where Crowther for helping out today. existing APs have the facility, but newly appointed APs do not. DPER confirmed that it was their view that there was I want especially to thank the people with whom I work no restriction to employers introducing flexible working on a day to day basis in the Association, Jennifer, Jackie, hours for all staff in all Departments. This was welcomed Billy and Paul. I want to thank John Kelleher who retired by the Association. This leaves the issue of the right, of last summer and welcome his replacement Paul Malone newly appointed APs, to take flexi leave in Departments to his first conference as an Official. that had that facility. Finally, I want to thank the branch officers and you, the Before I finish, I would like to thank Tom Allen who steps members, for your help this year. It is an honour and down after many years’ involvement in the Executive privilege to work with you all as General Secretary and I Committee. In Tom’s time on the Executive he spent wish you well for the forthcoming year. three years as Vice Chairperson and three years as I wish to formally put the Annual Report to the Chairperson leading the Association through one of the conference. most difficult times in our history. I’ve known Tom for over thirty years and we served our time together on the Tá súil agam go mbainfidh sibh taitneamh as an lá inniu. PSEU National Executive as well as the Executive of this Go raibh maith agat. Association. He has become a very good friend over that time. I will miss him, and I know the Executive will miss

49 AHCPS Annual Report 2019/2021

ADC 2019 – Ciaran Rohan, John Ryan and Paul Malone

Delegates at Women in Leadership 2020

50 Appendix B

RULES AND CONSTITUTION

1. NAME (b) The funds of the Association shall be applied in The Association shall be known as The Association of carrying out the objects of the Association and in Higher Civil and Public Servants (Comhlachas na defraying the expenses of management and Sheirbhíseach Uachtarach Stáit agus Poiblí), hereinafter administration. referred to as the Association. 5. MEMBERSHIP 2. OFFICE (a) (i) Membership of the Association comprises those The Association’s office shall be at Fleming’s Hall, 12 accepted into membership by the Executive Fleming’s Place, Dublin 4 or such other place as may Committee and entered on the Register of from time to time be determined by the Executive Members. Committee. Any change shall be notified to the Registrar (ii) Membership shall be open to employees in of Friendly Societies. managerial and professional positions in the civil service, public sector and such other 3. OBJECTS employment as deemed appropriate by the The Objects of the Association are: Executive Committee. Membership shall be subject to acceptance by the intending (a) to protect and promote the interests of its member of the Rules and Constitution and members, approval by the Executive Committee and shall (b) to maintain and improve the remuneration and commence on the date of this approval other terms and conditions of employment of whereupon the member’s name shall be members, entered on the Register of Members. (c) to regulate the relations between members and (b) An application for membership shall be made to the their employers and between members and fellow intending member’s local branch in writing in a members and other workers, form approved by the Executive Committee and shall be transmitted by the local branch to the (d) to provide and maintain services, including legal General Secretary. The application shall be assistance, for the benefit of members, accompanied by a completed form of authorisation (e) to provide relief to members involved in, or for deduction from salary of the appropriate affected by, disputes, subscription. (f) to promote excellence and effectiveness in the (c) Every new member shall be issued with a copy of the public sector having regard to the interests of Rules and Constitution on acceptance into members, membership. (g) to promote equality of opportunity and the development of work-life balance in the workplace, 6. CESSATION OF MEMBERSHIP (a) A person shall cease to be a member of the (h) to promote the development of partnership in the Association (and the member’s name shall workplace. accordingly be removed from the Register of Members) in the following instances: 4. POWERS (i) written resignation to the Executive Committee; (a) The Association, in furtherance of its objects, may: (ii) retirement or resignation from the Civil Service (i) acquire, hold and dispose of property; or other employment where the Association (ii) affiliate, amalgamate, assist, cooperate or enter represents members; agreement with any association, union, or (iii) expulsion under paragraph (b) below; other organisation; and (iv) cancellation of authorisation for deduction of (iii) do all things necessary or incidental or subscription from salary; conducive to the attainment of the objects of the Association. (v) on leaving the grades catered for by the Association.

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(b) Notwithstanding anything elsewhere in these Rules (b) Members of the Veterinary Officers Association may and Constitution the Executive Committee shall be admitted en bloc to associate membership on have power to expel from membership of the such financial terms as may be determined by the Association (and to remove from the register of Executive Committee following consultation with members) or suspend from membership for a the Executive Committee of the Veterinary Officers specified period or fine or censure any member Association. The Association may in this context whose actions or conduct the Executive Committee, provide a negotiation service to the Veterinary after consultation with the Branch Committee of the Officers Association. member concerned, believes to be prejudicial to the interests of the Association or its members. The 8. MANAGEMENT member concerned shall be informed in writing of the intention of the Executive Committee to The management of the Association is vested in consider his or her position and the reasons therefor, (i) Delegate Conferences and and the member concerned shall have the right to (ii) The Executive Committee appear before the Executive Committee and give an oral or written statement or call others to give in accordance with the provisions of the Rules and evidence on his or her behalf. Constitution. (c) A member expelled, suspended, fined or censured under the provisions of this rule shall have the right 9. DELEGATE CONFERENCE of appeal to the next Annual Delegate Conference of (a) (i) The delegate conference shall be the supreme the Association following the decision of the policy making instrument of the Association. Executive Committee. Notice of intention to appeal The policy of the Association shall be shall be given to the General Secretary not later than determined by the delegate conference, which one month after notification of the decision of the shall have the power to rescind or vary any Executive Committee. decision taken previously by the Association.

(d) A person who has ceased to be a member may be re- (ii) For the purpose of these Rules the term admitted to membership on such terms and “delegate conference” includes both annual conditions as the Executive Committee, following and special delegate conferences. consultation with the relevant Branch Committee, may determine. (b) (i) The delegate conference shall consist of the Executive Committee, the Standing Orders (e) Notwithstanding any other provisions of these Rules, Committee and accredited delegates elected by the Executive Committee may exclude from and from Branches in the numbers indicated membership of the Association any person whose below, and notified to the General Secretary: continued membership conflicts with a finding of the Irish Congress of Trade Unions concerning (A) Branches with 30 members or less – disputes between Unions on the organisation of two delegates; members. (B) Branches with more than 30 members – two 7. ASSOCIATE MEMBERSHIP delegates for the first 30 members, and thereafter, one delegate per 30 members or (a) (i) A person who ceased to be a member in part thereof. accordance with rule 6(a)(ii) or 6(a)(v) and such other as the Executive Committee may decide (ii) For the purpose of this rule, branch from time to time, may apply to become an membership shall be the number of members associate member, such application to be dealt at the end of the last complete financial year. with in a form and a manner approved by the In exceptional circumstances the Executive Executive Committee. Committee may specify some other date for (ii) An associate member shall be entitled to the purpose of assessing branch membership. participate in membership services, as (iii) Delegates to a delegate conference shall be appropriate, organised for members of the elected at a branch meeting to be held in Association and shall be entitled to receive accordance with Rule 22(f) or (h). In the case Newsletters and the Annual Report. of an Annual Delegate Conference the names (iii) Associate members shall not be entitled to and addresses of delegates shall be notified in attend branch meetings or Delegate writing by branch secretaries to the General Conferences of the Association other than by Secretary not less than 21 days before the date invitation and shall not be entitled to participate of the Conference. The General Secretary shall in ballots of members held in accordance with then issue each delegate with a credentials these Rules. card, stating the name and branch. It shall

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however, be in order for a Branch to nominate been made. Such nominations and amendments a replacement for any delegate originally to motions must be submitted to and received nominated by that Branch, in the event of such by the General Secretary not later than three delegate being unable to attend conference for weeks prior to the conference. any reason. (iv) A final agenda, together with the (iv) Any member of the Association not being a recommendations of the Standing Orders delegate shall be entitled to attend a delegate Committee and a copy of the annual report, conference but shall not speak or vote thereat. shall be issued by the General Secretary to all (v) Such other persons as the Executive Committee Branch secretaries and to all delegates not later invite may attend conference but may not vote than two weeks prior to conference. thereat. (e) Additions to the final agenda may be accepted by the Standing Orders Committee only when it (c) The Annual Delegate Conference shall be held not receives a motion deemed by it to be of such later than 31 May in each calendar year on a date extreme urgency and importance to the interest of and at a venue to be determined by the Executive Committee. the members that the matter warrants inclusion on the agenda for conference. Any such motion of (d) (i) The General Secretary, not later than fifteen urgency shall be submitted to the Standing Orders weeks prior to the date of the Annual Delegate Committee who shall decide on its acceptability and Conference, shall advise Branch secretaries of its place on the agenda. the date, time and venue of the Annual Delegate Conference and invite Branches to submit (f) The business of the annual delegate conference shall nominations and motions to form part of the include: agenda for the delegate conference. A Branch (i) Adoption of Standing Orders and Standing may make nominations for the offices of Orders Committee Report; Chairperson, Vice-Chairperson and Treasurer (ii) Consideration of the annual report and and for membership of the Executive accounts of the Association; Committee and Standing Orders Committee to be filled at the conference and every nomination (iii) Election of officers, namely Chairperson, Vice- shall be accompanied by the written agreement Chairperson and Treasurer; of the person nominated. Subject to (iii) below, (iv) Election of twelve ordinary members of the nominations and motions shall be submitted to Executive Committee; and received by the General Secretary not later than seven weeks prior to conference. Motions (v) Election of Standing Orders Committee; sent to the Association Headquarters by (vi) Consideration of motions and amendments electronic mail will be deemed to be received by thereto; the General Secretary on the same day as the (vii) The appointment on the nomination of the mail was sent provided that evidence of sending Executive Committee of an Honorary President is provided by the sender. and Honorary Vice Presidents on such terms as (ii) The Executive Committee shall not have power may be recommended by the Executive to make nominations but shall have power to Committee; put down motions. (viii) Consideration of any other business as may be (iii) The General Secretary shall issue, not later than submitted by the Executive Committee and five weeks prior to the Annual Delegate allowed by the Standing Orders Committee. Conference, a draft agenda of business (g) (i) Ballot papers for elections shall be issued to each including motions to be discussed at conference delegate on presentation of his or her and shall invite Branches and the Executive credentials card, and to each of the members of Committee to submit amendments to the the Executive Committee. motions. At the same time the General Secretary shall set out the nominations received for the (ii) A candidate for any elective office at a delegate offices and places on the Executive Committee conference may not be appointed a teller at that and Standing Orders committee to be filled. If conference. on the due date there are insufficient (h) (i) Accredited delegates and members of the nominations for any or all of the offices or Executive Committee shall have the right to places, then notwithstanding anything vote. contained in subparagraph (i) it shall be open to a Branch to submit a nomination for such offices (ii) Save as may otherwise be provided for in these or places in respect of which no nomination has rules voting at conference shall be decided by a simple majority of accredited delegates

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showing credentials cards and the members of views known to the Executive Committee and the Executive Committee. where the Executive Committee may obtain the membership opinion; (iii) The quorum for a delegate conference shall be one third of the total number of accredited (ii) To promote understanding between Branch delegates nominated by Branches and notified Secretaries and between Branch Secretaries and to the General Secretary in accordance with the Executive Committee. Rule 9(b)(i). (i) The order of business at the Annual Delegate 11. THE EXECUTIVE COMMITTEE Conference shall be determined by the Standing (a) The Executive Committee shall comprise: Orders Committee. (i) The Chairperson, Vice-Chairperson and (j) A Special Delegate Conference shall be held: Treasurer; (i) on the direction of the Executive Committee. (ii) Twelve other members elected by simple majority by the Annual Delegate Conference (ii) on the direction of a previous Delegate from nominations made by branches; and Conference, or (iii) not more than two members co-opted by the (iii) within 28 days of the receipt by the General Executive Committee. The Executive Committee, Secretary of a requisition for, and stating the in making the co-options, shall have regard to purpose of, such a conference from at least 5 candidates nominated for but not elected to the branches representing at least 15% of the total Executive Committee, to the desirability of membership of the Association. Each such representations being accorded to smaller Branch requisition must have been approved branches of the Association and as between the by general meetings of the members in the various employments where the Association has Branches concerned. representation and of a balanced representation (k) The business of the Special Delegate Conference as between gender and grade on the Executive shall be stated in the notice convening the Committee. conference which shall be sent to all Branches not (b) The Executive Committee shall hold office until the later than 7 clear days before the conference. No end of the delegate conference at which their other business shall be transacted by the successors are elected. Any vacancy shall be filled by Conference. co-option by the Executive Committee. (l) Names of delegates nominated by Branches for the (c) A Special Delegate Conference convened for the purpose of the Special Delegate Conference shall be purpose may remove any one or more of the notified to the General Secretary not later than one Executive Committee by resolution. Such resolution day before the conference. shall be adopted by a vote of not less than two- (m) If a quorum is not present after one hour of the thirds of those present at the conference and voting. stated time for a delegate conference, the Upon any Executive member or members being conference shall stand adjourned for not less than 7 removed under this rule, the conference at which days and not more than 28 days. Rule 9(h)(iii) shall the removal takes place shall elect another person or not apply to an adjourned conference. At least 5 persons to fill the vacancy or vacancies, who shall days notice shall be given to Branches of the time hold office for the unexpired term of the Executive date and venue for the resumption of the adjourned Committee member or members so removed. conference. (d) The Executive Committee shall exercise the powers of the Association in furtherance of the objects of the 10. CONSULTATIVE COUNCIL Association. (a) There shall be a Consultative Council which shall (e) The functions of the Executive Committee shall consist of the Chairperson and Secretary of each include: Branch or their deputies together with the Executive Committee. The Chairperson of the Association shall (i) management, direction and control of the act as Chairperson of the Consultative Council. affairs of the Association in accordance with and subject to the direction of delegate (b) The Consultative Council shall meet not less than conference; twice yearly on dates to be determined by the (ii) The development of policies and strategies for Executive Committee. the achievement of Association objectives (c) The functions of the Consultative Council shall be: within the guidelines and directives laid down (i) To act as a forum where the members may, by delegate conference; through their council representative, make their

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(iii) Determining strategy for, and participating in, (o) The Executive Committee may invite other members negotiations; to participate in an advisory capacity and without (iv) Controlling the pace and direction of the voting powers in any of its deliberations. Association’s development between Delegate Conferences; 12. STANDING ORDERS COMMITTEE (v) Considering and accepting of applications for (a) A Standing Orders Committee which shall consist of membership; not more than six members shall be elected at the (vi) Appointing trustees as provided for in these Annual Delegate Conference. rules; (b) Members of the Standing Orders Committee shall (vii) nominating the Honorary President and Vice hold office until the end of the delegate conference Presidents for appointment by annual delegate at which their successors are elected. Any vacancy conference. arising between conferences shall be filled by a member of the Association appointed by the (f) The Executive Committee shall interpret the Rules Executive Committee. and Constitution and the Standing Orders of the (c) A member of the Executive Committee may not at Association where doubt or dispute may arise and the same time be a member of the Standing Orders shall decide on any matter not covered by the Rules Committee. and Constitution. Such interpretation will stand unless the annual delegate conference or special (d) The Standing Orders Committee shall elect a delegate conference following the decision decides Chairperson from among its members and shall otherwise. regulate its own procedures. Three shall constitute a quorum at meetings of the Standing Orders (g) The Executive Committee shall have power to Committee. appoint sub-committees and other committees as (e) The Standing Orders Committee shall meet with the necessary and to define their terms of reference. General Secretary prior to each delegate conference on a day to be decided by its Chairperson and the (h) The Executive Committee shall have power to General Secretary to consider the business proposed appoint and dismiss the General Secretary and to for the delegate conference. appoint and dismiss any other staff as may be required for the efficient conduct of the Association’s (f) The Standing Orders Committee shall make business. It shall also settle the terms of employment recommendations as it deems necessary in of the General Secretary and other staff. accordance with the Rules and Constitution and Standing Orders of the Association as to the order in (i) The Executive Committee shall ensure that the affairs which the business of each conference should be of the Association are being properly conducted by taken for the purpose of the efficient conduct of the the General Secretary and other staff of the conference. Association. (g) The Standing Orders Committee may also meet during each delegate conference and make such (j) The Executive Committee shall have power to recommendations as it deems necessary from time negotiate and to spend money in giving effect to to time to facilitate the business of the conference. Association policy. (h) The Standing Orders Committee may also (k) A quorum for meetings of the Executive Committee recommend procedures for the better conduct of shall be seven members. delegate conferences generally. Its recommendation shall be considered by the Executive Committee and (l) The Executive Committee shall meet not less than decided on by a simple majority of the delegates ten times in a year and, so far as practicable, at least voting at conference. If adopted they shall become once a month. part of the Standing Orders of the Association.

(m) The agenda for ordinary meetings of the Executive Committee shall be circulated at least 3 days in 13. ELECTED OFFICERS advance. Special meetings may be called at shorter (a) The Chairperson, Vice-Chairperson and Treasurer notice by the General Secretary in consultation with shall be elected by simple majority at the Annual the Chairperson or, in the latter’s absence, with the Delegate Conference. other elected officers. (b) If a vacancy in the office of Chairperson arises (n) The Executive Committee shall prepare and circulate between Annual Delegate Conferences it shall be to all members an Annual Report and Statement of filled by the Vice-Chairperson. All other vacancies in Accounts of the Association. these officerships arising between annual

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conferences shall be filled by the Executive (b) The trustees shall be members of the Association in Committee. good standing and shall not be members of the Executive Committee. (c) The respective functions and duties of the elected officers shall be as follows: (c) The trustees shall be appointed for a term of five years, but may be individually or otherwise (i) The Chairperson shall uphold the objects, aims, suspended or removed by the Executive Committee policy and constitution of the Association. The before the end of such term. Any vacancies arising Chairperson’s principal functions shall be: shall be filled on the nomination of the Executive (A) to preside at meetings of the Consultative Committee. Council and Executive Committee; (d) Any real or leasehold property acquired by the (B) to preside at delegate Conferences; Association in accordance with Rule 4(a)(i) shall be (C) to preside at such other Association vested in the trustees. meetings as are appropriate; (e) The trustees shall appoint the Association’s Auditor. (D) to deliver an address at the Annual Delegate Conference; 16. GENERAL SECRETARY AND OTHER EMPLOYEES (E) such other duties as delegate conferences or (a) The Association shall have a full time General the Executive Committee may assign to the Secretary and such number of other staff as may be Chairperson. determined by the Executive Committee to be (ii) The Chairperson shall have a second or casting necessary for carrying out the business of the vote in the event of a tie in voting on any Association. matter other than a motion to change the Rules and Constitution of the Association. (b) The General Secretary shall be the Chief Executive Officer of the Association and shall be responsible to (iii) The Vice-Chairperson shall carry out the duties the Executive Committee for negotiation and of the Chairperson in the absence of the latter representation of members’ and Association and shall be regarded as the Chairperson for interests, for recruitment of new members and for this purpose. The Vice-Chairperson shall the proper management and development of the discharge such additional duties as are assigned Association, including the maintenance of minutes, to the Vice-Chairperson by delegate conference records and accounts and the management and or the Executive Committee. operation of systems and procedures in accordance (iv) The Treasurer shall report to the Executive with the Rules and Constitution, decisions of Committee and to the Annual Delegate delegate conferences and directions of the Executive Conference on the financial affairs of the Committee. The General Secretary may, with the Association and shall ensure that proper consent of the Executive Committee, delegate any accounts and receipts of payment of the of these functions. Association are kept. The Treasurer shall inspect (c) The General Secretary shall report to meetings of the all financial books and records of the Executive Committee and the Consultative Council Association. on the business and affairs of the Association and has (d) The Officers of the Association shall ensure that the the right to speak at Annual or Special Delegate decisions of the Executive Committee are carried Conferences. out. (d) Except where otherwise decided by the Executive Committee, the General Secretary shall not be 14. HONORARY PRESIDENT AND entitled in any negotiations conducted by him or her HONORARY VICE PRESIDENTS to enter into any final or binding agreement on The Executive Committee may nominate an Honorary behalf of the Association. The General Secretary shall President and a number of Honorary Vice-Presidents for otherwise be free to speak and shall have the same appointment by annual delegate conference. These authority and status as would any accredited offices shall be purely honorary and shall be for such deputation or negotiating team. term as the annual delegate conference on the (e) The General Secretary and any Deputy General recommendation of the Executive Committee may Secretary or Assistant General Secretaries or other decide. staff shall be appointed by the Executive Committee. The remuneration and other conditions of 15. TRUSTEES appointment of the General Secretary, Deputy General Secretary, Assistant General Secretaries and (a) The Executive Committee shall appoint three other staff shall be determined by the Executive trustees to carry out the functions assigned to them Committee. under these rules.

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17. INDEMNITY another trade union, a decision to take such The Executive Committee shall make suitable provision supportive action shall not be implemented by the to indemnify members of the Executive Committee, the union without the sanction of the Irish Congress of General Secretary and other staff of the Association Trade Unions. against any damages or financial loss suffered by them (j) As soon as practicable after the conduct of a secret arising from the due execution of their duties on behalf ballot the Association shall take reasonable steps to of the Association. make known to the members of the Association entitled to vote in the ballot— 18. STRIKES AND INDUSTRIAL ACTION (i) the number of ballot papers issued, (a) The provision of this Rule shall apply (ii) the number of votes cast, notwithstanding any other provision contained in these Rules. (iii) the number of votes in favour of the proposal, (b) In this Rule the terms “strike” and “industrial action” (iv) the number of votes against the proposal, shall have the same meaning as in the Industrial and Relations Act 1990. (v) the number of spoiled votes. (c) In this Rule the term “member” shall have the same meaning as in Rule 5. (k) Nothing in this Rule shall constitute an obstacle to negotiations for the settlement of a trade dispute (d) The provisions of this Rule shall apply to the Republic nor the return to work by members of the of Ireland only. Association party to the trade dispute, and any (e) The Association shall not organise, participate in, decision taken in accordance with this rule to sanction or support a strike or other industrial action organise, participate in, sanction or support a strike without a secret ballot, entitlement to vote in which or industrial action may be rescinded or amended shall be accorded equally to all members whom it is without the necessity of a further ballot of the reasonable at the time of the ballot to believe will be members concerned. called upon to engage in the strike or other industrial action. 19. GENERAL BALLOT (f) The Association shall take reasonable steps to ensure (a) A General Ballot of the members may be held to that every member entitled to vote in the ballot determine the policy of the Association on any votes without interference from, or constraint matter. Such ballot shall be held: imposed by, the Association or any of its members, officials or employees and, so far as is reasonably (i) On the direction of a delegate conference or possible, that such members shall be given a fair the Executive Committee; opportunity of voting. (ii) Within 28 days of the receipt by the General Secretary of a requisition for such a ballot from (g) The Executive Committee shall have full discretion in at least 5 Branches, representing at least 15% relation to organising, participating in, sanctioning of the total membership of the Association, or supporting a strike or other industrial action provided each such requisition has been notwithstanding that the majority of those voting in approved by a general meeting of the the ballot, including an aggregate ballot referred to members in the Branches concerned; or in Paragraph (h) of this Rule, favours such strike or other industrial action. (iii) Within 28 days of the receipt by the General Secretary of a requisition from one-fifth of the (h) The Executive Committee shall not organise, entire membership. participate in, sanction or support a strike or other industrial action against the wishes of a majority of (b) The Executive Committee may decide to hold a the Association’s members voting in a secret ballot, Special Delegate Conference instead of a general except where, in the case of a ballot by more than ballot within 28 days of receiving a request under one trade union, an aggregate majority of all the Rule 19 (a)(ii) or (iii). votes cast favours such strike or other industrial (c) When it is determined that a general ballot of action. members is to be held, the ballot paper, together (i) Where the outcome of a secret ballot conducted by with a brief memorandum setting out the principal the Association or in the case of ballots conducted considerations for and against the proposals to be by the Association and any number of other trade balloted on, shall be sent to each member at the unions which are affiliated to the Irish Congress of members’ normal official location. The ballot paper Trade Unions an aggregate majority of all the votes shall be accompanied by a stamped addressed cast is in favour of supporting a strike organised by envelope for the return of the completed paper. Ballot papers shall be returned within 21 days of the

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date of issue, or such shorter time as may be (h) The surplus funds of the Association shall be invested determined by the Executive Committee and in the joint names of the Trustees in such trusts or advised to each member with the ballot paper. The securities including real property as the Executive Association’s Auditor shall be responsible for the Committee may from time to time decide. opening, counting and certification of the result of (i) Every person having an interest in the funds of the any general ballot of members. Association may at any reasonable time, and on (d) Policy determined by a ballot on a simple majority of giving notice, inspect the books of the Association votes cast will be binding on the Association as if it and the register of members of the Association. were a motion passed at an Annual Delegate Conference. 21. MEMBERSHIP SUBSCRIPTIONS (a) The membership subscriptions of ordinary and 20. FINANCE associate members shall be determined from time to (a) The Executive Committee shall have overall time by delegate conference. responsibility for the financial affairs of the (b) The subscription of an ordinary member shall be Association. deducted from salary by authorisation of the (b) The Executive Committee shall have the power to member or in a manner determined by the raise funds by borrowing money on any real or Executive Committee. personal property of the Association. (c) (i) The Executive Committee shall have power to 22. BRANCH ORGANISATION levy members to augment the funds of the (a) The members of the Association shall be organised Association in order to provide assistance to into branches as determined from time to time by members in dispute or for such other purposes the Executive Committee. in accordance with these rules as the Executive Committee may decide. (b) Each Branch shall be responsible for representing (ii) Members of the Association shall be entitled to and safeguarding the interests of its members at claim financial assistance from the Association, local level in accordance with Association policy, for at a rate to be determined by the Executive the recruitment of members within its Department Committee, where disputes result in members or Office or grade, body, company or corporation, withdrawing their services on the instructions for the representation of its members’ views of the Executive Committee or where the concerning their Department or Office or grade, Executive Committee deems members to be body, company or corporation and transmitting its locked-out or victimised by their employer as a members’ views on these and other matters to the direct consequence of action taken by Executive Committee and/or Delegate Conference. members of the Association where such action (c) The administration of each Branch shall be vested in has the approval of the Executive Committee. a Branch Committee. The Branch Committee shall (iii) Legal advice for members may be financed consist of a chairperson, secretary and not less than from Association funds at the discretion of the one and not more than fifteen other members. Executive Committee where the matter on which advice is sought arises from or is related (d) The duties of the Branch Chairperson shall be to to the member’s employment. assist in the conduct of the business of the Branch generally, to sign all minutes and through the (d) The financial year of the Association shall end on Branch Secretary to call any meeting of the Branch 31st December of each year. or Branch Committee as required, to represent the Branch at meetings of the Consultative Council and (e) The accounts of the Association shall be audited to ensure that in the event of him or her being annually by the auditor appointed by the trustees. unable to attend that a deputy is appointed in his or (f) All monies received as subscriptions or otherwise by her place. the Association shall be lodged to a Banking Account (e) The duties of the Branch Secretary shall include: or to Banking Accounts opened in the name of the Association as approved by the Executive (i) Keeping branch members informed of the Committee. business and affairs of the Association. (ii) Transmitting communications between the (g) All disbursements on account of the Association shall Branch and the Executive Committee. be drawn on such bank or banks and authorised by any three of the following, i.e. Chairperson, Vice (iii) Advising members of the dates of Annual Chairperson, Treasurer, General Secretary or Delegate Conference and arranging meetings Executive Assistant. as required for the purpose of nominations for

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elections, motions for discussion at conference whenever the Branch Committee deems it and election of delegates; necessary, or in accordance with the directions (iv) Keeping a record of all Branch meetings and embodied in a resolution passed by a majority of the Branch Committee meetings; members present at a previous Branch general meeting, or on a request signed by not less than one (v) Notifying the General Secretary in proper time fifth of the members of the Branch or on the of nominations, motions and amendments and instruction of the Executive Committee. names of delegates; (i) Expenditure reasonably incurred by a Branch in the (vi) Representing the Branch at meetings of the exercise of its functions including the expenses of Consultative Council and ensuring that in the delegates at the Annual or Special General Meeting event of his or her being unable to attend that of the Branch or Delegate Conference shall be paid a deputy is appointed in his or her place; out of the funds of the Association. The Executive (vii) Providing the Executive Committee with such Committee shall have discretion to decide what is information as it may require from time to reasonable for this purpose. time. (j) Where the Committee of a Branch considers that (f) An annual general meeting of the members of each Branch general meetings should be replaced by Branch shall be held not later than seven weeks prior Branch delegate meetings for that Branch, it shall so to the date of the Annual Delegate Conference. notify the Executive Committee in writing. A group In the case of a Branch authorised under Rule 22 (J) of members in a branch who constitute not less than to substitute a Branch Delegate Meeting for an one-fifth of the entire membership of the Branch Annual General Meeting, having regard to the may also notify the Executive Committee in writing geographic spread of members, the Branch that they consider that it would be desirable to Delegate Meeting will take place no later than four replace Branch General Meetings by Branch weeks prior to the Annual Delegate Conference or Delegate Meetings On receipt of such notification the closing date for amendments to Motions on the Executive Committee shall, if it is satisfied that the final agenda of the Annual Delegate delegate meetings are preferable to general Conference, whichever is the earlier provided that meetings in that Branch, having regard to the geographical spread of the members of the Branch, (i) A previous Delegate Meeting of the Branch has conduct a ballot of the members of the Branch to mandated the Branch Executive to propose determine the views of the members of the Branch. motions and make nominations on behalf of The Executive Committee may agree to the the Branch for the Annual Delegate Conference. substitution of delegate meeting for general (ii) And that the Branch Executive puts all such meetings only if a majority of those members voting motions and nominations on the Agenda of the in the ballot vote in favour of the substitution of Branch Delegate Meeting, taking place in delegate meetings for general meetings. Where accordance with the provisions of rule 22(f), for General Meetings have been replaced by delegate approval by the delegation. meetings, the delegate meetings shall consist of the (g) Each member shall be given due notice of the Branch Committee together with delegates holding of this meeting and the meeting shall deal appointed by sub-branches of the Branch. The with the following matters: composition of sub-branches and the number of delegates to be appointed by each sub-branch to (i) receive a report of the Branch Committee on the branch delegate meetings and any other the activities of the Branch for the year; procedural matters involved in the holding of (ii) Elect Branch Officers, Branch Committee and delegate meetings shall be a matter for the Branch delegates for the Annual Delegate Conference; Committee of the Branch subject to the approval of the Executive Committee. (iii) Make nominations for the Officerships, Standing Orders Committee and Executive Branch delegate meetings, shall, where they are Committee; substituted for Branch general meetings, have the (iv) Consider motions for the Annual Delegate same powers and responsibilities of Annual and Conference; Special General Meetings of branches as are specified under these Rules and the general (v) Arrange further meetings as required to provisions of Rule 22 shall apply as if references to consider the draft agenda of the delegate annual or special branch meetings constitute conference and amendments to motions in the reference to annual or special delegate meetings of Agenda; branches. Where Branch delegate meetings have (vi) Transact such other business as required. been substituted for Branch General Meetings, a proposal to return to Branch General Meetings must (h) Special general meetings of a Branch shall be held be initiated and processed in the same way as a

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proposal to change from Branch General Meetings 24. DISSOLUTION to Branch delegate meetings as set out in this Rule. The Association may be dissolved at any time by means of a general ballot of the members provided that such dissolution is approved by five-sixths of the membership. 23. REVISION In the event of dissolution any net assets remaining after The Rules and Constitution may be amended only by a discharging all debts and liabilities shall be divided motion tabled in accordance with the rules for motions at equally between those who were members at the time of delegate conferences, and passed by not less than a two- dissolution. Any such dissolution shall be notified to the thirds vote of the accredited delegates nominated by Registrar of Friendly Societies. branches and of members of the Executive Committee present and voting at a delegate conference. Any such amendments shall be notified to the Registrar of Friendly Societies.

WOMEN IN LEADERSHIP 2020 – Edna Dowling, AHCPS Chair; Dr. Arlene Egan, Roffey Park Institute; Emily O’Reilly, European Ombudsman; Dr Yseult Freeney, Lecturer in Organisational Psychology, DCU Business School; Angela Denning, CEO Court Service; Orla McBreen, AHCPS Executive Member.

60 Appendix C

STANDING ORDERS FOR ALL DELEGATE CONFERENCES OF THE ASSOCIATION

The following Standing Orders shall apply to all Delegate business on the Agenda. If the proposal is lost, the Conferences of the Association. discussion on the original motion shall be resumed.

1. Motions 2. Discussion to Close A proposal that the discussion be brought to a close shall 1. No motion or amendment may be discussed until it be moved, seconded and decided without discussion. If has been formally proposed. this proposal is carried, the motion or amendment under 2. No motion or amendment may be withdrawn except discussion shall be put and decided without further by the consent of Conference. discussion other than a reply by the proposer of the motion. If the proposal is lost, the discussion, on the 3. The proposer of a motion or amendment shall be motion or amendment shall be resumed. allowed not more than five minutes for his/her speech and all subsequent speakers not more than 3. Question Now Put three minutes each. A proposal that the question be now put shall be moved, 4. The proposers of a motion or amendment shall be a seconded and decided without discussion provided the delegate of the Branch which has submitted the Chairperson is satisfied that both sides of the question motion or amendment or in respect of an Executive have been adequately discussed. If the proposal is motion or amendment a member of the Executive carried, the motion or amendment under discussion Committee. If there is no delegate representing a shall be put and decided forthwith without further Branch present when a motion or amendment is due discussion. If the proposal is lost, the discussion on the to be moved by that Branch the motion shall fall. original motion shall be resumed.

5. The proposer of a motion shall be the only person 4. Referral to Executive Committee permitted to speak more than once on the same motion. The proposer in exercising his/her right of A proposal to refer a motion to the Executive Committee reply may speak a second time for not more than may be moved and seconded but the proposer of the three minutes. Where a motion has been amended motion may have the right to speak in opposition. only the proposer of the original motion shall have 5. The acceptance of a procedure motion shall be at the the right of reply. discretion of the Chairperson.

6. Only one motion may be before the Conference at any time. 3. PROCEDURE 1. A delegate may not address the meeting unless 7. An amendment to a motion may not be moved while proposing, seconding or speaking to a motion except another amendment to that motion is before when raising a point of order. Conference. A point of order may be raised on the following issues: 8. An amendment may not be moved where Standing Orders Committee have indicated that in their (i) Incorrect procedures – implies that some member is opinion, it is a direct negative to a motion. contravening the rules of Conference e.g. speaking longer than allowed.

(ii) Irrelevancy – wandering from subject. 2. PROCEDURES MOTIONS 1. Next Business (iii) Unparliamentary language – swearing, personal abuse etc. or anything derogatory. If a proposal to proceed to next business has been moved and seconded the proposer of the motion under (iv) Transgression of Rules – Use of procedure contrary to discussion shall have the right to speak in opposition and that laid down by Standing Orders. the proposal shall then be put without further discussion. If the proposal is carried, the discussion on 2. The General Secretary and appropriate honorary the motion originally under discussion shall be officers may present, or reply to queries, on formal abandoned and the meeting shall proceed to the next reports as appropriate.

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3. The Chairperson of the Standing Orders Committee The composite motion will be indicated to members may make recommendations to the Conference in accordance with Rule 9(d)(ii) for the purpose of which shall be decided upon immediately. amendments.

4. If two or more delegates offer to speak, the 2. The Standing Orders Committee may indicate the Chairperson will call on the delegate first observed Motions under specified sections of the Agenda, get offering; however the Chairperson of the Standing priority in discussion and shall so indicate those Orders Committee shall, if offering, be accorded motions. priority. If in the time allotted for discussion of those sections of the Agenda, all the motions therein are not 4. ROLE OF CHAIRPERSON reached they may be deferred to a later stage of 1. The Chairperson at his/her discretion may declare a Conference. motion carried by agreement unless a proposal that a 3. Any motion appearing in the Agenda which has not vote be taken be proposed and seconded. been moved before the closing of the Conference 2. The decision of the Chairperson shall be final upon shall be deemed to be referred to the Executive any point as to the interpretation to be placed upon Committee for consideration. any Standing Order, upon the point as to whether a motion had been carried or rejected, and on all 6. ELECTION points of order. Election of officers, Executive and Standing Orders 3. Any member wilfully disobeying the ruling of the Committees shall be held by way of secret written Chairperson may be suspended during the remainder ballot on the basis of a single non-transferable vote. of the time the motion in question is under discussion or for the whole Conference. 7. SUSPENSION OF STANDING ORDERS 4. If in the opinion of the Chairperson grave disorder 1. Any of the Standing Orders for Delegate Conferences has arisen he/she may at his/her absolute discretion may be suspended for a stated purpose provided a adjourn the Conference for a specified time. motion to that effect is adopted by a majority of those present and entitled to vote. Such suspension 5. The Chairperson shall have a second or casting vote of Standing Orders may not exceed 30 minutes should the votes on any proposal be equally divided. unless a proposal is adopted by the Conference whereby the suspension maybe extended for a period not exceeding 15 minutes. 5. STANDING ORDERS COMMITTEE 1. Where more than one motion deals with the same 2. The Standing Orders Committee may at any time topic the Standing Orders Committee will draw up a during the meeting when it deems it necessary, make composite motion covering the points made in the recommendations to the Chairperson that time limits overlapping motions. The composite motions be put be imposed on speakers or that the order of business to Conference in place of the original motion. be changed to facilitate the more effective progress Standing Orders Committee shall indicate which of the meeting. Branch should move the motion. 3. The Standing Orders Committee will be in session Where the proposing Branch cannot agree to a and available to delegates during the period of composite motion then the original motion shall be Conference. put to the Conference in the order determined by the Standing Orders Committee.

62 Appendix D

EXECUTIVE MEETINGS: ATTENDANCES RECORD

There were 9 Executive Committee meetings between 27 May 2019 and 19 April 2021. Attendances were as follows:

Name Possible Attendances Attendances

Edna Dowling 21 21 Jeffrey Val ** 17 17 Dunne Larry ** 19 19 Bohan Mark *** 5 3 Donaghy Deirdre *** 3 3 Doyle Margaret 21 17 Hickey Eddie 21 18 Holleran Noel 21 17 Kinsella Emma *** 5 4 McBreen Orla 21 14 McIntosh Willie ** 9 7 Milne Seamus *** 5 5 Moran Eltin 21 18 Murchan Michael * 20 17 Nolan Marianne ** 18 13 Noonan Trevor 21 20 O’Connor Mark 21 14 O’Donoghue Lorraine ** 18 12 O’Shea Bernard * 20 13 Rafferty Derek *** 3 3 Ryan Melissa 21 19 Stone Des 21 15

* members co-opted following ADC 2019 - Seamus Milne replaced Val Jeffrey ** Members resigned/retired during 2020/2021 - Derek Rafferty replaced Lorraine O’Donoghue *** Mark Bohan replaced Willie McIntosh 2020 - Deirdre Donaghy replaced Marianne Nolan in 2021 - Emma Kinsella replaced Mark Bohan 2020

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Orla McBreen, AHCPS Executive Committee

Angela Denning; Dr Maureen Gaffney, Clinical Psychologist; Edna Dowling, AHCPS Chair; Dr. Arlene Egan, Orla McBreen

64 Appendix E

BUILDING MOMENTUM A new public service agreement, 2021-2022

BUILDING MOMENTUM A new public service agreement, 2021-2022

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Table of Contents

1. Delivering quality public services in a time of crisis...... 3

1.1 Economic and fiscal context ...... 3 1.2 Supporting society and the economy ...... 3 1.3 Maintaining the momentum for reform ...... 5 1.4 The potential for technology to transform service delivery ...... 7 1.5 Improving access to services ...... 7 1.6 Implementation and reporting ...... 8

2. A new way to address sectoral issues: sectoral bargaining ...... 10

2.1 Process overview ...... 10 2.2 Implementation process ...... 10 2.3 Fund operation...... 11 2.4 Compliance with procedures and maintenance of industrial peace ...... 11

3. Pay ...... 13

4. Haddington Road Agreement and other matters ...... 14

4.1 Overtime and premia ...... 14 4.2 Additional working hours ...... 14 4.3 New entrant teachers ...... 15

5. Resolving disagreements and ensuring industrial peace ...... 16

5.1 Guiding principles ...... 16 5.2 Local engagement ...... 16 5.3 The Public Service Agreement Group ...... 17 5.4 The Tripartite Implementation Body ...... 18 5.5 Compliance ...... 18 5.6 No cost increasing claims ...... 19 5.7 Review of Agreement...... 19

APPENDIX: Key elements of the Government’s reform agenda ...... 20

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1. Delivering quality public services in a time of crisis

1.1 Economic and fiscal context

1.1.1 The discussions leading to this Agreement took place against a difficult economic and fiscal backdrop, in a landscape dominated by the twin challenges of Brexit and the COVID-19 public health emergency.

1.1.2 The economic fallout from COVID-19 has been considerable. The necessary investment in health and other public services, social protection measures and business supports in response to the emergency has been unprecedented. Significant fiscal and economic challenges for the country include:

 The State is on course to run a significant deficit in 2020, with the economy expected to contract as a result of the many restrictions on economic activity that have been necessary to minimise the health impacts of the pandemic.

 While the standard measure of monthly unemployment was 4.7% in November 2019, a new COVID-19 adjusted measure of unemployment could indicate a rate as high as 21% in November 2020 if all claimants of the Pandemic Unemployment Payment were classified as unemployed.

 The total public service pay bill is projected to be €23.5 billion by end 2021. This is an increase of €5.6 billion or 32% since 2017, which reflects a range of factors.

1.1.3 Against this backdrop, this Agreement is an extension of the framework of public service agreements, including the most recent (the Public Service Stability Agreement 2018 – 2020), and has a number of objectives:

 To support broader strategies to bring about a post-COVID-19 economic recovery.

 To provide certainty and stability for the Government, public service users and public servants over the lifetime of the Agreement.

 To establish a normalised collective bargaining environment, moving beyond the FEMPI-era restrictions and the COVID-19 pandemic.

 To maintain the momentum of reform and change exemplified by the public service during this public health emergency.

1.2 Supporting society and the economy

1.2.1 The parties to this Agreement are committed to the ongoing development and improvement of public services to meet the changing needs of citizens, communities, businesses and the staff who deliver public services.

1.2.2 All previous public service agreements have included measures to reform and modernise public services. But the COVID-19 crisis of 2020 saw an unprecedented display of commitment,

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flexibility, hard work and agility in service provision across the range of civil and public services. Examples included (but were not restricted to):

 The movement of staff, at short notice, to new roles, including a focus on contact tracing in the health sector.

 Agreed mobilisation of health service staff to immediately implement and deliver expert clinical pathways of care in challenging circumstances across the public health system and also supporting services in the private sector.

 The organised and agreed reassignment of health staff to match this demand for services across hospital sites and geographic locations.

 The deployment of innovative methods of patient/family interaction in very challenging circumstances.

 A co-ordinated policy and action response from the Department of Defence and the Defence Forces. A Joint Task Force (JTF) was established to coordinate the Defence Forces’ contribution to the pandemic which involved providing support to various Civil Agencies in the national effort, including: contact tracing, setting up and staffing of testing centres, swab testing, provision of logistical support, transport of patients and transport of PPE. Simultaneously, in partnership with local authorities, Civil Defence units were mobilised and activated nationwide.

 The delivery of school and third-level tuition in new ways, including online, in a very short space of time, to ensure continuity of learning for students, and to facilitate the calculated grading system for the Leaving Certificate examination, during the last academic year. The September return to classrooms was then managed and delivered with a determination to ensure that schools and colleges operate safely and can stay open.

 The rapid roll-out of a host of digital solutions across the public service, such as:

o ‘Attend Anywhere’ video conferencing tool to enable health professionals to continue to see patients virtually during COVID-19. o Training and learning were delivered by virtual and e-learning methods to maintain the delivery of essential public services in a blended working environment. o Court appearances, rights-based hearings and dispute resolution processes conducted through digital technology. o Digital recruitment services to ensure continued recruitment to key frontline areas. o Extensive use of e-prescribing.  The Department of Social Protection roll-out of additional services such as the Pandemic Unemployment Payment (PUP) and COVID-19 Enhanced Illness Benefit Payment, processing

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payments to large numbers of people affected during the crisis (12 million payments issued to over 800,000 people under the Pandemic Unemployment Payment since March).

 The design and rapid implementation of the Employment Subsidy Scheme, with over 41,000 employers registered, which has helped protect many jobs.

 The provision of additional supports for victims of domestic violence by the Garda National Protective Services Bureau.

 To ensure continuation of services and supports, An Garda Síochána rapidly implemented a contingency roster at the start of the COVID-19 crisis.

 Implementation of a new online learning approach by An Garda Síochána to ensure the continued delivery of the Foundation Training Programme for Garda, including the development of a Learning Management Platform, all within a short space of time.

 The establishment of community call fora at local authority level, with dedicated helplines and coordination structures and operated by staff redeployed from across local authority service areas.

1.2.3 Public servants and their representatives recognised the seriousness, scale and singularity of the crisis. There has been a high degree of consultation and collaboration between management and staff representatives. Along with Ireland’s strong public service ethos, which engendered a committed and determined response to the crisis among civil and public servants, this consultative approach underpinned cooperation and rapid responses to dramatic demands and changes.

1.3 Maintaining the momentum for reform

1.3.1 This Agreement reflects a commitment by the parties to harness this momentum for change to meet the immediate challenges that present in the lifetime of the Agreement, and to prepare for future challenges. These include:

 Continuing the public service response to COVID-19, consulting and preparing for the safe and regulated distribution of vaccines, and returning to the normal delivery of health services that were interrupted by the need to respond to the pandemic.

 Ensuring that schools remain open safely and that challenges in learning that may have arisen for children during the crisis are addressed.

 Managing the national response to Brexit, which will present huge challenges across civil service departments and State agencies.

 Accommodating the potential of remote working where appropriate in line with the Programme for Government and establishing the public service as a driver of best practice in this area.

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 Addressing the challenges presented in the public service by digitisation and other new technologies, including the need to retrain, recruit, retain and develop a high performing workforce.

 Sustaining an agile public service that is responsive to the changing needs of citizens, communities and businesses.

1.3.2 In accordance with the Programme for Government, this Agreement aims to sustain the spirit of public service agility and delivery demonstrated during the COVID-19 crisis, with co- operation between public service managers and staff representatives, improved public services, agreement on positive work practice changes, and measurable outcomes.

1.3.3 The parties acknowledge that the extensive provisions of previous public service agreements provide a comprehensive enabling framework for reform. In making this Agreement, the parties re-affirm the provisions of those agreements, including Chapter 2 of the most recent agreement, the Public Service Stability Agreement 2018 – 2020, including where it relates and refers to previous agreements. This enabling framework will continue to support the delivery of the Government’s key national level reform plans/initiatives as set out in the Appendix.

1.3.4 The Government’s reform agenda includes, but is not limited to, the forthcoming Public Service Reform Plan. The Plan, which will succeed Our Public Service 2020: Development and Innovation Framework, will set out a 10-year strategy for reform, and will inform the approach of the parties.

1.3.5 The parties to this Agreement are committed to continue the co-operation with regard to flexibility and change to support effective responses to the challenges posed by COVID-19. The parties agree on the need to look beyond traditional ways of working, where necessary and appropriate, and to manage change to ensure high quality public services, high performance, the maintenance and development of staff skills and competencies, and the delivery of measurable outcomes for the public. This includes:  A focus on improved outcomes in terms of how citizens engage with and experience public services.

 Improved delivery channels.

 Greater flexibility and enhanced cross-organisational coordination and planning to reduce the administrative burden on citizens.

 The introduction of new ways of working and delivering services to the public, and shared approaches to back-office functions.

 Investment in public servants to increase and expand capacity, capability and leadership skills, to enable the public service to respond to future challenges.

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1.4 The potential for technology to transform service delivery

1.4.1 Through the provisions of this Agreement, the parties agree to further embrace and support the use of technology through:

 Engagement with new and emerging technology, software, mobile applications and other tools in ways that are productive for employees, employers, and the public.

 Streamlined processes and procedures including remote working as appropriate, changes to automate or redesign processes to support the introduction of new systems in the workplace, and changes arising from increased digital delivery of services.

 Sectoral staff upskilling and retraining as jobs and roles and related processes change. This will be closely linked to performance management and will include development of competencies in the areas of advanced and developing technologies, information and communications technology (ICT), human resource management (HRM) systems, financial management systems, project management, communications, data analytics, procurement, military training, and legal and regulatory requirements.

1.5 Improving access to services

1.5.1 The parties recognise that, in certain areas of public service delivery, there is public demand for greater access to services, including increased access outside of traditional hours. The parties recognise the need for engagement on flexibilities to meet the changing needs of the public, and improve service delivery and productivity. The parties will therefore engage proactively across the following three pillars:

1.5.2 (1) Reforming work practices to increase agility and responsiveness

 The parties recognise the need to build on previous improvements, and to continue to modernise to ensure that work is organised in a manner that best reflects the needs of service- users.

 Where necessary in response to public demand, working arrangements for teams could include extended opening hours for public-facing services, to deliver increased and more accessible services to the public. Where needs are identified, parties will engage on starting and finishing times to meet business needs to ensure cost effective delivery of services.

1.5.3 (2) Increasing capacity through our recruitment and human resource systems

 There will be greater movement of staff across the public service where this is necessary to ensure the delivery of high-quality public services. Where currently applicable the guideline redeployment distance will continue to be 45km from the current work location or the home address, whichever is the shorter commute. However, there will be no redeployment distance applied where an employee is working (and so long as they continue to work) mostly remotely. The parties will engage with a view to developing guidelines in relation to this issue.

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 Learning from recent experience, the parties will work to agree mechanisms for the temporary reassignment of staff to meet critical demands as they arise. This will help ensure a swift response to critical demands and evolving priorities including delivering services required during times of crisis.

 The parties will fully support and implement new and revised HR policies and procedures and adhere to principles of simplification of process, increased efficiencies including standardisation and automation, and adherence to good employment practice and related legislative requirements.

 The Department of Education, in consultation with Fórsa, will review whether the existing SNA contract, including the appropriate use of the contracted 72 hours, requires updating in the context of ongoing reform in the area of special education in the sector and changes in employment law.

1.5.4 (3) Maximising flexible service delivery options

 There will be maximum use of innovative and flexible models of service delivery with a focus on outcomes.

 The parties reaffirm their commitment to the appropriate use of direct labour, where consistent with efficient and effective public service delivery.

 The provisions of recent public service agreements relating to external service delivery will continue to apply.

 It is acknowledged by the parties that an increase in public service apprenticeship and traineeship registrations is appropriate. It is agreed that apprenticeship and traineeship numbers will expand incrementally, on a sectoral basis. An assessment of manpower requirements and the identification of suitable, sustainable positions will be conducted within 24 months. It is also agreed that public sector apprenticeship and traineeship registration will be monitored over the period of the Agreement in each sector in a manner agreed by the sectoral parties. Recruitment and selection for such positions will also have regard to youth unemployment and local labour requirements.

 The parties agree that access to work-life balance and family-friendly arrangements, including flexible working and other arrangements, should be available to the greatest possible extent across the public service consistent with business needs and service delivery and local implementation.

1.6 Implementation and reporting

1.6.1 Action plans linked to the reform agenda outlined earlier in this Chapter will be developed for each sector of the public service and will be developed by sectoral management in consultation with unions and representative associations in each of the relevant oversight or equivalent sectoral IR structures.

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1.6.2 These plans will establish objectives, deliverables and timelines, and be submitted to the Secretary General of the relevant Department by 31 March 2021. Plans will be published by the relevant Department.

1.6.3 In consultation with unions and representative associations in relevant oversight or equivalent sectoral IR structures, sectoral management will subsequently report on:

 Delivery on the sectoral action plan, giving detailed information on progress delivery.

 Compliance with the industrial peace provisions of this Agreement.

1.6.4 Secretaries General will submit these reports to the Department of Public Expenditure and Reform at least one month before any scheduled pay increase under this Agreement. Reports will be published by the relevant departments.

1.6.5 The overall arrangements will be jointly overseen by the Department of Public Expenditure and Reform and the officers of the Public Services Committee of the Irish Congress of Trade Unions or other unions or representative associations as appropriate.

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2. A new way to address sectoral issues: sectoral bargaining

2.1 Process overview

2.1.1 A Sectoral Bargaining Fund will be established to be allocated within sectors under this Agreement. The purpose of the Sectoral Bargaining Fund process is to deal with outstanding adjudications, commitments, recommendations, awards and claims within the terms of the Fund and within the Exchequer funding limit in place. All public servants covered by the Agreement will be encompassed by this process.

2.1.2 To balance the need to protect the Exchequer and to address pressure points as identified by trade unions and representative associations a quantum of cost to be expressed as 1% of basic pay1 will be allocated to this Fund. Grade or sector based pay claims and outstanding adjudications and awards will have to be resolved within this process.

2.1.3 In agreement with sectoral management, each Sectoral Bargaining Unit or union/ representative association will have the option of using some or all of the Sectoral Bargaining Fund to address claims appropriate to the process (as per 2.3.3 below) or, in the alternative, to elect for the funds involved to be used as a sectoral pay round.

2.1.4 No sectoral or grade-based claims for improvement to pay and conditions will be considered for processing outside of this Sectoral Bargaining Fund process over the lifetime of this Agreement. Accordingly, all agreements reached under this Chapter of the Agreement will be addressed in accordance with 2.3.4 below.

2.1.5 Where a Sectoral Bargaining Unit opts to use the Fund to deliver a sectoral pay round, the union(s)/representative association(s) encompassed by that Sectoral Bargaining Unit are agreed that in so doing, they may not pursue any grade or pay or pay related claims relating to that sector for the duration of this Agreement.

2.2 Implementation process

2.2.1 The first step will involve discussions between sectoral management and unions/representative associations, in consultation with the Department of Public Expenditure and Reform and the officers of the Public Services Committee of the Irish Congress of Trade Unions, as appropriate, to fully identify and agree Sectoral Bargaining Units, comprising of groups, grades or categories of public servants within each sector (e.g., nursing). There will be provision for cross sectoral arrangements where appropriate (e.g., grades common to one or more sectors). Discussions will take place to ensure that comprehensive lists, including any new grades, are agreed quickly by the various sectoral management and trade union/representative association sides. Final Sectoral Bargaining Units will be signed off by the parties at sectoral oversight body (or equivalent) level by end February 2021.

1 Basic pensionable pay is to be taken to mean basic pay inclusive of allowances in the nature of pay, which are fixed periodic pensionable allowances and pensionable premium pay.

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2.2.2 Sectoral management and relevant unions or representative associations will engage on how the Sectoral Bargaining Fund will apply in the case of each identified Bargaining Unit and this engagement will conclude no later than end March 2021.

2.2.3 Sectoral management will be responsible for engaging with unions and representative associations and with the Department of Public Expenditure and Reform prior to finalising proposals. The work on the proposals by the parties must be completed by end June 2021. Proposals, including where the option of a sectoral pay round is exercised, will be submitted to the Department of Public Expenditure and Reform for verification.

2.2.4 The date for payment under the Sectoral Bargaining Fund will be as set out in Chapter 3.

2.3 Fund operation

2.3.1 It will not be possible to increase the quantum allocated to the Sectoral Bargaining Fund through proposals for productivity savings/measures.

2.3.2 The parties agree that this process cannot give rise to unintended cost increasing outcomes which would serve to increase Exchequer costs beyond the allocated quantum.

2.3.3 Issues of a cross-sectoral nature aimed at standardising certain terms and conditions across grades and sectors of the public service will be excluded from such sectoral negotiations, including the following:

 Overtime rates.

 Weekly hours of attendance.

 Annual and sick leave entitlements.

 Pension arrangements.

2.3.4 In cases where identified issues are not capable of being fully addressed within the Sectoral Bargaining Fund:

 The parties will agree which elements or portions are to be implemented within the agreed Fund.

 Where issues are not fully or only partially addressed, these outstanding elements will fall to be addressed in a future Sectoral Bargaining Fund as part of the next Agreement.

2.4 Compliance with procedures and maintenance of industrial peace

2.4.1 Participation in the Sectoral Bargaining Fund process will require full compliance with the terms of the Agreement by the union or representative association concerned, including, importantly, cooperation with the dispute resolution procedures and the maintenance of industrial peace.

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2.4.2 Where issues are not resolved at sectoral negotiations the parties will follow the dispute resolution process set out in Chapter 5 of the Agreement.

2.4.3 Participation in the process and the implementation of its outcome will be discontinued for any group that engages in industrial action on matters covered by this Agreement.

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3. Pay

3.1.1 This Agreement is an extension of previous public service agreements, including the Public Service Stability Agreement, 2018-2020. This Chapter sets out the agreed approach to public service pay for the period 1 January 2021 to 31 December 2022.

3.1.2 The provisions of previous agreements apply save where varied by this Agreement.

3.1.3 The following pay adjustments will apply over the period of this Agreement:

 A general round increase in annualised basic salary for all public servants of 1% or €500, whichever is greater, on 1 October 2021.

 The equivalent of a 1% increase in annualised basic salaries to be used as a Sectoral Bargaining Fund, in accordance with Chapter 2 of this Agreement, on 1 February 2022.

 A general round increase in annualised basic salary for all public servants of 1% or €500, whichever is greater, on 1 October 2022.

3.1.4 Where an individual is due an amount of pay restoration by July 2021 under Section 19 or by July 2022 under Section 20 of the Public Service Pay Pensions Act 2017, they will not benefit from the general round increase in that year. Where the amount of restoration is less than the general round increase the individual will be eligible to be paid the balance on the date of the general round increase.

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4. Haddington Road Agreement and other matters

The parties to this Agreement recognise and accept that certain measures introduced under the Public Service Stability Agreements, including the “Haddington Road Agreement”, are considered outstanding matters to be resolved as part of this Agreement and are to be addressed and implemented as follows.

4.1 Overtime and premia

4.1.1 With effect from 1 July 2021, any overtime and premia payments impacted by sections 2.13 and 2.17 of the Haddington Road Agreement, will be fully restored to what pertained prior to July 2013.

4.1.2 The parties agree that any costs arising from the unwinding of the overtime rate measures will be managed within allocated overtime budgets and undertake to engage immediately to ensure that the necessary arrangements are articulated in a timely manner by way of relevant circular.

4.2 Additional working hours

4.2.1 An independent body will be established by end March 2021 to assess issues arising in addressing this matter pertaining to the Haddington Road Agreement and make appropriate recommendations to be applied equitably across all affected grades, groups, categories and sectors. The body will consider, and fully take into account, submissions made by the parties to this Agreement and will be tasked to report by end 2021. As part of the deliberative process, the body, will consider:

 The context for the pay and productivity measures within the Haddington Road Agreement.

 The quantification and verification of the additional hours worked by the Haddington Road Agreement grade, group and sector.

 Any associated costs with reference to possible replacement mechanisms, e.g. rostering changes, productivity measures, recruitment, overtime/premia payments, agency staffing.

 The operational, service delivery and administrative implications associated with any reduction in hourly work requirements, including the proportion of hours that support direct service delivery compared with those that provide indirect services.

 The manner in which additional hours contributed to more standardised public service terms and conditions.

 the varying application of the additional hours provision of the Haddington Road Agreement.

 Relevant overtime divisors.

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4.2.2 Roll-out of the body’s recommendations will be initiated within the lifetime of this Agreement. In this regard, to enable commencement of the recommendations during 2022, on the publication of the Report, an envelope of €150m will be made available under this Agreement across all affected grades, groups, categories and sectors. In the context of the 2023 estimates, having regard to available resources, on publication of the Report, the parties to this Agreement will engage proactively in relation to such provisions as are necessary to roll out any remaining recommendations.

4.2.3 All parties commit fully to this process, and the process and delivery of outcomes are contingent on the parties adhering to the provisions of Chapter 5.

4.3 New entrant teachers

4.3.1 The parties agree that, in final conclusion to the arrangements put in place in September 2018 as part of the Public Service Stability Agreement, 2018-2020, the following measures will be implemented to resolve in full the remaining salary scale issues pertaining to new entrant teachers.

4.3.2 New entrant teachers who have been recruited since 1 January 2011, after progressing to point 11 of the teaching salary scale will, on their next increment date, move to point 13.

4.3.3 New entrant teachers, recruited since 1 January 2011, who have already reached point 12 or higher on the teaching salary scale, will on their next increment date after the commencement of the Agreement, move one point further than they would under normal incremental progression.

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5. Resolving disagreements and ensuring industrial peace

5.1 Guiding principles

5.1.1 The parties are committed to ensuring that problems in respect of matters covered by the Agreement, where they arise, are dealt with in an effective and timely way and to participation in the dispute resolution procedures set out in this Chapter.

5.1.2 Where disputes arise, they will be subject to a minimum 6 week period of initial bilateral engagement between the parties to the dispute.

5.1.3 In this regard, the parties reaffirm their commitments under previous public service agreements, most recently in paragraph 7.1.2 of the Public Service Stability Agreement 2018- 2020, which obliges all parties to:

 Recognise the importance of stable industrial relations and maintain a well-managed industrial relations environment.

 Ensure that they have well developed communication channels.

 Seek to resolve problems before they escalate into industrial disputes.

 Resolve disagreements where they arise promptly.

 Co-operate with the implementation of change pending the outcome of the industrial relations process conducted in a timely fashion.

5.2 Local engagement

5.2.1 If the mandatory exploratory process set out at 5.1.2 does not resolve the matter, disputes will then be considered by, or registered with, the relevant Sectoral Oversight Body or equivalent IR forum.

5.2.2 Such mechanisms should seek to resolve disputes at a local level to the maximum extent possible through regular and proactive engagement as issues arise.

5.2.3 Where the matter is not resolved by the relevant sectoral mechanism, either party may refer it to the Workplace Relations Commission (WRC) or, where appropriate, to the Conciliation & Arbitration machinery, for conciliation (save in the scenario outlined at 5.2.6).

5.2.4 The parties agree to engage with and complete that conciliation process.

5.2.5 Should the matter not be resolved at the conclusion of the WRC or Conciliation machinery’s work, it will progress to the Public Service Agreement Group (save in the scenario outlined at 5.2.7).

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5.2.6 Where both parties agree that the matter being disputed concerns the interpretation of the provisions of this Agreement, it may proceed directly to the Public Service Agreement Group following the initial bilateral engagement.

5.2.7 Where both parties agree that a matter can be considered minor and not in breach of the Agreement, it may be referred for arbitration elsewhere and this will conclude the process.

5.3 The Public Service Agreement Group

5.3.1 The Public Service Agreement Group (PSAG) will comprise equal numbers of employee representatives nominated by the Irish Congress of Trade Unions; representatives of public service employers nominated by the Department of Public Expenditure and Reform; and an independent Chair appointed by Government following consultation with the parties.

5.3.2 All staff representative associations and unions will have equal access to the PSAG and will be afforded full opportunity to represent their members where a dispute involving them arises.

5.3.3 The Group will work proactively to:

 Address any anomalies or issues of interpretation that may arise under this Agreement.

 Address disagreements or problems that have not been resolved through the processes set out at 5.1 and 5.2.

 Make a determination on whether a dispute shall be determined in accordance with the procedures laid out in the Agreement.

 Make a determination on any matter associated with the correct operation of dispute resolution procedures.

 Adjudicate in the event of a dispute regarding compliance with the outsourcing provisions of this Agreement.

5.3.4 The PSAG will consider matters referred by the parties in the first instance, following which it may:

 Make a recommendation to the parties in relation to the dispute, potentially including the need for further discussion through the resumption of conciliation.

 Assign the matter to a Joint Review Group. The Joint Review Groups shall consist of 2 employee representatives and 2 management representatives including 1 representative from the relevant discipline on both sides. The Joint Review Groups will assess the position of the parties and endeavour to assist within the terms of the Agreement and within the parameters set by the PSAG. Following this, the matter returns to the PSAG for consideration.

 Refer matters of strategic or national importance, with significant implications for the Agreement, to the Tripartite Implementation Body for discussion and decision.

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5.4 The Tripartite Implementation Body

5.4.1 The Tripartite Implementation Body (TIB) shall consist of one employer representative, nominated on behalf of public service employers by the Department of Public Expenditure and Reform; one employee representative, nominated by the Irish Congress of Trade Unions; and an independent Chair appointed by Government.

5.4.2 The TIB will be responsible only for matters of strategic or national importance regarding the implementation and interpretation of this Agreement.

5.4.3 The TIB shall consult with the parties as it sees fit and make a recommendation for resolution of the matter.

5.5 Compliance

5.5.1 The delivery of industrial peace is an essential requirement of this Agreement. Accordingly, all forms of industrial action are precluded in respect of any matters relating to remuneration or to any matter covered by this Agreement.

5.5.2 The parties agree to engage and cooperate fully with the processes set out at 5.1 to 5.4 above, including direct engagement between the parties for an initial 6 week period, consideration by the Sectoral Oversight Body or equivalent, conciliation through a third party, and any subsequent decision of the PSAG, including referral and consideration of the matter by the TIB.

5.5.3 The parties are agreed that, notwithstanding their continuing right to access the Labour Court/Conciliation and Arbitration Scheme, this shall only be after the processes above are fully exhausted.

Where access to the Scheme is the appropriate mechanism the Scheme will be furnished with the view of the TIB.

Where access to the Labour Court is the appropriate mechanism, the parties shall return to conciliation at the WRC. If a referral to the Court is required, the Court shall be provided with the view of the TIB and any other material the Commission considers appropriate. Where the Labour Court or the Scheme has made a recommendation regarding the matter, the process is concluded.

5.5.4 The benefits of the Agreement will be confined to those employees represented by unions in membership of the Irish Congress of Trade Unions or other unions or representative associations which have notified the WRC of their intention to comply with the Agreement.

5.5.5 Where such a union or association fails to adhere to the provisions of the Agreement, the benefits of the Agreement will not apply to the relevant staff cohort thereafter.

5.5.6 Co-operation with ongoing workplace change and reform initiatives, including those set out in Chapter 1, will be a prerequisite for availing of the benefits of this Agreement.

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5.6 No cost increasing claims

5.6.1 The parties agree that there will be no cost increasing claims for improvements in pay or conditions of employment by trade unions, Garda and Defence Force associations, or employees during the period of the Agreement.

5.7 Review of Agreement

5.7.1 The parties affirm that public service pay and pensions and any related issues shall not be revisited over the lifetime of this Agreement, save where the assumptions underlying this Agreement need to be revisited. In such circumstances, the parties commit to prior engagement.

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APPENDIX: Key elements of the Government’s reform agenda

Public and Civil Service – the Public Service Innovation Strategy; the Civil Service Renewal Plan; the People Strategy for the Civil Service; and the Public Service ICT Strategy.

Education Sector – Education Strategy 2021-2023; annual Action Plans for Education and underpinning strategies and developments, curricular and assessment reform including Primary curriculum; continued reform of the Junior Cycle, and Senior Cycle reform within Schools; National Strategy to Improve Literacy and Numeracy (2011 to 2020); Digital Strategy; Gaeltacht Education Strategy; Science, Technology, Engineering and Mathematics (STEM) Education Policy Statement 2017-2026; Modern Foreign Language Strategy “Languages Connect” 2017-2026; and Strategy on Education for Sustainable Development.

Higher and Further Education Sector – the Further Education and Training Strategy; Action Plan to Expand Apprenticeship and Traineeship in Ireland 2016-2020 and its successor; the National Skills Strategy 2025; the National Strategy for Higher Education to 2030; the TU Research Network Report 2019; and the National Strategy to Improve Literacy and Numeracy (2011 to 2020).

Local Government Sector – a commitment to ongoing change and reform in the retained and full time fire services in accordance with the terms of reference of the Fire Services National Oversight and Implementation Group (FSNOIG); the process of engagement on the transformation of Irish Water in accordance with the terms of reference of the Irish Water Consultative Group (IWCG); and the library service.

Health Sector – the continued implementation of the Sláintecare vision of universal health care; the Capacity Review 2018 and other major health reforms as determined by Government, including structural reforms; the continued implementation of the Framework for Safe Nurse Staffing and Skills Mix; the Oireachtas COVID-19 committee’s recommendations, as may be progressed by Government; and national strategies and health policies designed to support a single-tier health system, high quality and integrated care to maximise health outcomes and improve the health and wellbeing of the people of Ireland.

Justice Sector – A Policing Service for our Future (APSFF) is the whole-of-Government plan to implement the Report of the Commission on the Future of Policing in Ireland; a Report which outlined a clear vision and roadmap for strengthening An Garda Síochána and the broader national framework for policing, security and community safety. APSFF is a living plan which is being implemented across 4 phases: Building Blocks, Launching, Scaling, and Consolidation. The third phase of implementation – the Scaling Phase – commenced in Q4 2020. Ongoing reforms with the Courts Service and reforms with regard to the delivery of immigrant services, including the development of new and emerging ICT strategies.

Irish Prison Service – the Irish Prison Service Strategic Plan 2019-2022; facilitation of family visits and court appearances conducted through digital technology; transition to electronic payment methods and associated removal of cash from prisons and embedding of Regime Management Planning – a safer system of work.

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Defence Sector – ongoing reform, modernisation and transformation initiatives, including in relation to the implementation of the White Paper on Defence, 2015 and any recommendations approved by Government arising from the Commission on the Defence Forces.

86 Appendix F

Letter to AHCPS Members re balloting on new Pay Agreement – Building Momentum – A new public service agreement 2021-2022

The Association and other members of the Public Service Committee of ICTU were invited in November 2020 by the Minister for Public Expenditure and Reform Michael McGrath, to enter discussions with representatives of public service management. The stated purpose was to seek agreement on a successor to the Public Service Stability Agreement which expired on 31st December 2020. The talks were facilitated by the Workplace Relations Commission and concluded in the early hours of Friday 11th December 2020. The DRAFT Agreement, ‘Building Momentum: A New Public Sector Agreement’ is available on the AHCPS website at https://www.ahcps.ie/New_Public_Service_Agreement_20212022/Default.1070.html

The main elements of the agreement are as follows:

 It is a two-year agreement running from 1/1/21 to 31/12/22  The balance of FEMPI cuts (pay restoration) due to AHCPS grades is to be paid on 1/7/21 (worth between 1% and 2.5% - please see table at Appendix 2)  1% general pay increase from 1/10/21 - except for those that gained from pay restoration on 1/7/21. AHCPS grades will therefore not receive this increase (unless the level of restoration was less than 1% - in such cases they will receive the balance to bring them to 1%)  1% Sectoral Bargaining Fund to be negotiated in advance and to be paid by 1/2/22  1% general pay increase from 1/10/22  Pensions will increase in line with general round increases  An independent body to be established to review the additional working hours imposed under the Haddington Road Agreement. The agreement also contains a number of modernisation and reform measures (please see appendix 1).

View of the Executive Committee: The Executive Committee of the Association considered the proposed Agreement during an extensive meeting on 11th January 2021. The Committee expressed dismay that the grades represented by the Association are yet again treated differently than other public sector grades with respect to the pay measures in the Agreement. However, the Committee also

87 acknowledged that the agreement secures the final restoration payment in July 2021 – a priority issue for the Association prior to the talks. The Agreement also delivers the first actual pay increase for our grades since 2008.

In light of the above, and in consideration of the economic uncertainties facing the country, the Executive has decided, on balance, to recommend to members acceptance of the agreement.

Other Issues:

1. The Association referred a claim for the restoration of the facility to accrue Flexible Working Hours to Assistant Principal Officers appointed since 2013 to the Civil Service Arbitration Board in July 2019. The Arbitration Board did not recommend restoration on the basis that the facility was removed from new AP appointees under the terms of the Haddington Road Agreement. Notwithstanding the fact the Flexible Working Hours is currently suspended due to the Covid-19 emergency, the Association views this as an outstanding issue to be addressed as part of the sectoral bargaining round.

2. The Association has a long-standing and outstanding pay issue relating to pay scales in the Office of Government Procurement [OGP] that are not equivalent to standard AP & PO scales. It is the intention of the Association to address this issue as part of the sectoral bargaining negotiations.

Next Steps If the membership votes YES the Association will sign a registered collective agreement with the Workplace Relations Commission under the terms set out in the proposed Agreement. The Association will be subject to the aggregate vote of the Public Service Committee of ICTU meaning that a majority position will apply. If the membership votes NO the Association will again be bound by the aggregate vote of the PSC. If the aggregate vote is NO it is unclear if further talks will take place or not. Due to the current Covid-19 emergency and restrictions, the Association will conduct an online ballot of members in respect of this proposed agreement. Members can register to cast their online ballot at the following address:

https://www.mi-nomination.com/ahcps

The latest date for the casting of ballots is 11th February 2021.

Yours sincerely

Ciaran Rohan General Secretary 19th January 2021

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Appendix 1 FAQs

What are the pay terms for AHCPS members if the Agreement is ratified?

 1st July – FEMPI Restoration. The remaining balance of the FEMPI cuts imposed on AHCPS grades would be restored on 1st July 2021. The amount of the restoration ranges from 1% to 2.5% depending on the grade and point of the scale. This restoration would see AHCPS grades fully restored to 2008 pay levels. Please see table at appendix 2 for full details.  1st October 2021: A general round increase would be paid worth 1% of gross pay. However, those public servants that gained from pay restoration on 1/7/21 would not receive this payment. AHCPS grades would therefore not receive this increase  1st February 2022: The equivalent of a 1% increase in annualised basic salaries through a ‘sectoral bargaining fund’ (see below).  1st October 2022: A second general round increase worth 1% of gross pay would be paid.

If the proposed agreement is accepted, unions will not be able to lodge ‘cost-increasing’ claims for improvements in pay or conditions during the lifetime of the agreement.

Do the pay improvements apply to allowances?

The increases will apply to pensionable allowances.

What is the ‘sectoral bargaining fund’?

If ratified, the agreement would see the establishment of a ‘sectoral bargaining fund,’ initially worth 1% of basic pensionable pay during the lifetime of the agreement. It’s not possible to increase the allocation by proposing productivity measures. Neither can the process “give rise to unintended cost increasing outcomes.” This fund can be used to deal with outstanding adjudications, recommendations, awards and claims that are relevant to specific grades, groups or categories of workers within the various sectors of the public service.

Alternatively, groups could opt to use the available allocation, or part of it, as a sectoral pay round.

The bargaining units (ie, the different grades, groups and categories) are to be agreed between unions and employer representatives by the end of February 2021. Unions and management will then decide how the fund will apply in each bargaining unit no later than the end of March 2021. Management and unions would then agree proposals, which must be submitted to the Department of Public Expenditure and Reform (DEPR) for verification by the end of June 2021. Payment would fall due on 1st February 2022.

No sectoral or grade-based claims will be allowed outside this process during the lifetime of the agreement.

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What are the Haddington Road issues referred to in the Agreement?

This section of the proposed agreement relates to certain measures introduced under the 2013 Haddington Road agreement (HRA), which still remain in place. The measures to be addressed under this agreement are additional working hours introduced under the HRA, and overtime and premium payments.

AHCPS have an outstanding issue in relation to the restoration of the ability of new APs to accrue Flexible Working Hours which was removed under the Haddington Road Agreement.

How will the ‘Haddington Road hours’ be addressed?

An independent body will be established by the end of March 2021. It will take submissions from management and unions representing the grades concerned and will make recommendations by the end of 2021.

Roll-out of these recommendations will begin within the lifetime of the agreement, with €150 million available to commence implementation of the outcomes (which must be “applied equitably across all affected grades, groups, categories and sectors”) during 2022.

Unions and management representatives will then engage proactively on what’s necessary for the implementation of any remaining recommendations in the context of the 2023 budget estimates (which will be announced in 2022). In effect, any successor to Building Momentum will deal with the implementation of remaining measures.

The proposed agreement cites a range of issues that the independent body must take account of, including the cost and service impact of addressing the HRA hours. These are set out in section four of the proposed agreement.

What modernisation and reform measures are in the package?

Chapter one of the proposed agreement acknowledges the recent “unprecedented display of commitment, flexibility, hard work and agility in public service provision” and commits the parties to harness this momentum to meet the immediate challenges of 2021 and 2022. It says these include the continuing response to Covid-19, a return to normal delivery of health services, ensuring that schools remain open and addressing challenges that arose for children during the crisis, managing the response to Brexit, establishing the public service as the driver of best practice on remote working, and addressing digitisation.

It sets out measures to harness the potential for technology to improve service delivery, including engagement with new technologies, and streamlined, automated and redesigned processes and procedures, including remote working “where appropriate.” It identifies the need for staff upskilling and retraining as jobs, roles and processes change.

It also sets out measures to improve access to services through reformed work practices, including enabling temporary reassignments where necessary and increasing the movement of staff across the public service where necessary.

And it sets out an implementation and reporting mechanism to ensure delivery of agreed reforms, including through sectoral action plans.

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What happens if the economic and fiscal situation changes?

Like the current Public Service Stability Agreement (PSSA), the proposed new agreement contains a provision to review the terms of the agreement “where the underlying assumptions of the agreement need to be revisited.” However, the union negotiators successfully insisted that PSSA language, which linked this specifically to a worsening economic situation, was deleted. This creates the opportunity to seek a review of the package if the economic situation improves beyond expectations.

What are the implications for public service pensioners?

If the proposed agreement is ratified, existing policy on the application of pay increases to civil and public service pensions will continue for the duration of the agreement. In the main, this means that pension payments will be adjusted in line with pay adjustments for serving staff.

However, this will be done in a way that takes account of the fact that, in a small number of cases, pension payments currently exceed parity with pay. This is because pensions were not reduced by the same extent as pay during the last fiscal crisis.

Pensions are adjusted in line with inflation (the Consumer Price Index, or CPI) in the case of the single public service pension scheme, which applies to all civil and public servants who entered public service employment on or after 1st January 2013. This means that the pensions of members of this scheme are not affected by pay movements, including those in the proposed agreement.

What happens if the proposed agreement is rejected?

If the proposals are rejected, there will be no public service agreement in place after 31st December 2020. That means that existing protections, which restrict management’s ability to impose workplace and other changes without discussion or agreement, would cease to be in place, as would the strong protections against outsourcing that currently exist. Needless to say, the proposed pay improvements and progress on the Haddington Road hours and other issues would be off the table. The Government might be willing to re-enter talks, but the AHCPS Executive Committee does not believe it would be possible to agree a better outcome at this time.

APPENDIX 2 – Table Showing Impact of Proposed Pay Measures on AHCPS Grades

Please see attached Excel Spreadsheet

91 AHCPS Annual Report 2019/2021

Salary Current FEMPI* FEMPI Salary Gen. Round Gen. Round Scales Remaing to be Remaining in Increase 1% Increase 1% restored on percentage 1st October 1st October 2008 1st October 1 July 1st July terms 2021 2022** 2020 2021 2021

* FEMPI = Financial Emergency **Plus Potential 1% 1/2/22 Measures in the Public Interest [Subject to Sectoral Negotiation] AP ­ POST 95 1 €69,659 €69,012 €647 0.9% €69,659 €69,702 €70,399 2 €72,268 €71,506 €762 1.1% €72,268 n/a €72,991 3 €74,871 €73,987 €884 1.2% €74,871 n/a €75,620 4 €77,483 €76,476 €1,007 1.3% €77,483 n/a €78,258 5 €80,090 €78,960 €1,130 1.4% €80,090 n/a €80,891 6 €81,593 €80,392 €1,201 1.5% €81,593 n/a €82,409 LSI 1 €84,225 €82,899 €1,326 1.6% €84,225 n/a €85,067 LSI 2 €86,865 €85,415 €1,450 1.7% €86,865 n/a €87,734

AP (H) ­ POST 95 1 €76,510 €75,549 €961 1.3% €76,510 n/a €77,275 2 €79,421 €78,322 €1,099 1.4% €79,421 n/a €80,215 3 €82,338 €81,102 €1,236 1.5% €82,338 n/a €83,161 4 €85,253 €83,879 €1,374 1.6% €85,253 n/a €86,106 5 €88,169 €86,658 €1,511 1.7% €88,169 n/a €89,051 6 €89,872 €88,281 €1,591 1.8% €89,872 n/a €90,771 LSI 1 €92,765 €91,036 €1,729 1.9% €92,765 n/a €93,693 LSI 2 €95,665 €93,800 €1,865 1.9% €95,665 n/a €96,622

PO ­ Post 95 1 €90,702 €89,071 €1,631 1.8% €90,702 n/a €91,609 2 €94,550 €92,738 €1,812 1.9% €94,550 n/a €95,496 3 €98,370 €96,377 €1,993 2.0% €98,370 n/a €99,354 4 €102,218 €100,044 €2,174 2.1% €102,218 n/a €103,240 5 €105,463 €103,136 €2,327 2.2% €105,463 n/a €106,518 LS1 1 €108,829 €106,343 €2,486 2.3% €108,829 n/a €109,917 LSI 2 €112,191 €109,547 €2,644 2.4% €112,191 n/a €113,313

PO (H) ­ Post 95 1 €97,617 €95,661 €1,956 2.0% €97,617 n/a €98,593 2 €101,676 €99,489 €2,187 2.2% €101,676 n/a €102,693 3 €105,675 €103,338 €2,337 2.2% €105,675 n/a €106,732 4 €109,705 €107,177 €2,528 2.3% €109,705 n/a €110,802 5 €113,141 €110,452 €2,689 2.4% €113,141 n/a €114,272 LSI 1 €116,760 €113,901 €2,859 2.4% €116,760 n/a €117,928 LSI 2 €120,382 €117,352 €3,030 2.5% €120,382 n/a €121,586

E&OE

92 AHCPS Annual Report 2019/2021

Salary Current FEMPI* FEMPI Salary Gen. Round Gen. Round Scales Remaing to be Remaining in Increase 1% Increase 1% restored on percentage 1st October 1st October 2008 1st October 1 July 1st July terms 2021 2022** 2020 2021 2021

* FEMPI = Financial Emergency **Plus Potential 1% 1/2/22 Measures in the Public Interest [Subject to Sectoral Negotiation] AP ­ PRE 95 1 €66,179 €66,663 n/a n/a €66,663 €67,330 €68,003 2 €68,656 €69,089 n/a n/a €69,089 €69,780 €70,477 3 €71,132 €70,424 €708 1.0% €71,132 n/a €71,843 4 €73,609 €72,783 €826 1.1% €73,609 n/a €74,345 5 €76,087 €75,146 €941 1.2% €76,087 n/a €76,848 6 €77,520 €76,511 €1,009 1.3% €77,520 n/a €78,295 LSI 1 €80,016 €78,889 €1,127 1.4% €80,016 n/a €80,816 LSI 2 €82,520 €81,275 €1,245 1.5% €82,520 n/a €83,345

AP (H) ­ PRE 95 1 €72,681 €71,900 €781 1.1% €72,681 n/a €73,408 2 €75,448 €74,536 €912 1.2% €75,448 n/a €76,202 3 €78,226 €77,183 €1,043 1.3% €78,226 n/a €79,008 4 €80,989 €79,816 €1,173 1.4% €80,989 n/a €81,799 5 €83,760 €82,457 €1,303 1.6% €83,760 n/a €84,598 6 €85,375 €83,994 €1,381 1.6% €85,375 n/a €86,229 LSI 1 €88,135 €86,624 €1,511 1.7% €88,135 n/a €89,016 LSI 2 €90,884 €89,245 €1,639 1.8% €90,884 n/a €91,793

PO ­ PRE 95 1 €86,168 €84,752 €1,416 1.6% €86,168 n/a €87,030 2 €89,819 €88,230 €1,589 1.8% €89,819 n/a €90,717 3 €93,449 €91,689 €1,760 1.9% €93,449 n/a €94,383 4 €97,109 €95,176 €1,933 2.0% €97,109 n/a €98,080 5 €100,191 €98,113 €2,078 2.1% €100,191 n/a €101,193 LS1 1 €103,389 €101,160 €2,229 2.2% €103,389 n/a €104,423 LSI 2 €106,582 €104,202 €2,380 2.2% €106,582 n/a €107,648

PO (H) ­ PRE 95 1 €92,730 €91,004 €1,726 1.9% €92,730 n/a €93,657 2 €96,555 €94,648 €1,907 2.0% €96,555 n/a €97,521 3 €100,392 €98,305 €2,087 2.1% €100,392 n/a €101,396 4 €104,217 €101,949 €2,268 2.2% €104,217 n/a €105,259 5 €107,485 €105,062 €2,423 2.3% €107,485 n/a €108,560 LSI 1 €110,982 €108,343 €2,639 2.4% €110,982 n/a €112,092 LSI 2 €114,366 €111,619 €2,747 2.4% €114,366 n/a €115,510

E&OE

93 AHCPS Annual Report 2019/2021

Angela Denning, Dr. Yseult Freeney, Dr. Arlene Egan, Emily O’Reilly and Orla McBreen

Paul Malone, DGS; Edna Dowling, AHCPS Chair; Dr. Ardlene Egan, Emily O’Reilly, Dr. Yseult Freeney, Angela Denning, Orla McBreen & Ciaran Rohan, General Secretary

94 Appendix G

CIVIL SERVICE GENERAL COUNCIL STAFF PANEL

1

Civil Service General Council

Staff Panel

ANNUAL REPORT 2020

EUGENE DUNNE

STAFF SIDE SECRETARY

95 AHCPS Annual Report 2019/2021

STAFF PANEL

AGM 2020

Civil Service General Council Annual Report 2019

The annual report & Account were passed, proposer D Mullen seconder J Clinton.

Thanks were given to the Secretary Eugene Dunne for his work on the report and through out the year. Appreciation was extended to the chair Paul Malone and Vice Chair Tony Power for their contribution through out the year. Margaret Hughes was thanked for her assistance with the accounts.

The Honoraria for Chair & Vice Chair, were set at €10000.00 and €3600.00 respectively, for the year 2020. The sum of €500.00 paid through one4all vouchers, was agreed in recognition assistance on the Staff Panel accounts. Proposer J Clinton seconded Betty Tyrrell Collard.

2. Election of Chair. Carried over to the March meeting of SP. 3. Election of Vice Chair. Carried over to the March meeting of SP.

At the March meeting of staff Panel John O Flanagan was elected to the Chair and Kathleen McGee was elected to the Vice Chair. 1. Review of 2020 The year 2020 was dominated by the ongoing Covid 19 crisis. Industrial relations and Employee Relations were subject to the crisis management of the virus and were subject to HSE and National Public Health emergency Team (NPHET) guidance. High level engagement was facilitated through the Labour, Employer, Economic Forum (LEEF). Working from home was the norm for most Civil Servants and guidance for Civil Service organisations issued.

https://hr.per.gov.ie/wp-content/uploads/2020/07/Working-from-Home-Guidelines-Final-version-26- June-1-1.pdf In addition Minister Michael McGrath (DPER) launched the Civil service Employee Engagement survey 2020 Covid 19 Remote Working Report on the 23rd of December, 65% of employees 26822 members of staff participated.

https://assets.gov.ie/110938/e7b6cdfb-8ca2-4c9d-a3cb-b8aa5e0e9935.pdf

For those who continued to attend their places of work and those who returned to their work places, an emergent series of documents issued to employers outlining the position of government, the last of these, The Work Safely Protocol and the Guidance and FAQs for Public Service Employers during Covid 19, outline the requirements placed upon employers to mitigate the possibility of contagion and minimises the risks to employees.

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https://www.gov.ie/en/publication/bb7fd-work-safely-protocol/

https://www.gov.ie/en/news/092fff-update-on-working-arrangements-and-leave-associated-with-covid- 19-fo/

These policy position should be taken in the contest of the overall HSE Returning to Work Safety Protocols of the 31/12/2020 which exhort Employers and employees to follow a work from home policy during level 5.

https://www2.hse.ie/conditions/coronavirus/returning-to-work-safely.html

There were 10 meeting of the Civil Service General Council Staff Panel in 2020 and 5 meeting of the Civil Service General Council in 2020 The Sub committee on pensions had 1 meeting.

2. Staff Panel Claims submitted to general Council January 1) Review of the CPSA appeals process.

The Staff Side outlined difficulties members are experiencing regarding the CPSA appeals process and were putting this claim forward on foot of a conference motion. The Official Side agreed to examine this claim and revert to the next meeting of General Council. The Official Side were open to discussing this outside council.

July 2) Backfilling of Prison Admin Grade vacancies.

POA presented the case for the timely filling of administrative posts in the prison service, which have been vacated due to promotion to other areas. The official side indicated that they will contact Justice regarding this and that the issue. A meeting is to be arrange to address this.

3. General Council issues 2020

Remote Proctoring

The use of remote proctoring in competitions. In particular the intrusive nature of the process, the technical fragility of the systems used and the burden placed on the applicant.

The Staff Side collectively outlined the problems which have manifested in remotely proctored competitions members were expressing the pressing need to address these without delay. The Official side are meeting with PAS where this will be on the agenda, the Official Side are open to a meeting with the Staff Side on this.

Protocols surrounding risk assessment in pregnancy.

The staff Side questioned what guidance or circulars exist regarding the circumstances in which such assessments are made. The Staff Side acknowledged that the only collective circular on the was issued in 1995, a local document had issued in the Department of Defence and this would be forwarded. The official side welcomed this and indicated that there were no plans at present to update the current general circular.

The carry over of Annual Leave.

The position of the staff side on this was that the issues should be addressed through the standing sub committee on annual leave. The Official side indicated that it was their view that this fell within the remit of Covid 19 related issue and that a comprehensive position was being generated.

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Agreement on convening the subcommittee was reached, official side to contact staff side regarding this.

The use of virtual platforms for employee/industrial relations business disciplinary, grievance and other areas in the context of the Covid-19 crisis.

The staff side wanted it noted that their was no collective staff side agreement on the use of virtual platforms in cases of employee relations matters. In particular the POA wanted their opposition to the recorded. The current contingency agreement on the use of virtual systems, for ER issues, in the context of the ongoing Covid 19 crises will be reviewed in 3 months. This was the result of bilateral agreements reached by the participating panel unions. It was the collectively expressed opinion of the staff side that covid 19 related issues should be processed within the Civil service IR structures as soon as possible. On the issue for the utilization of virtual platforms for other IR issues the official side indicated that they were looking at the options available to them. Virtual platforms were agreed for all ER/IR business for the duration of the Covid 19 crisis, protections for the individual were agreed.

Temporary Rehabilitation Pay (TTR) & LCR21812.

The POA outlined the loss currently being experienced by staff as a result of the non application of the findings of LCR21812, in particular the finding that the rate of TRR should be 37.50%. no guidance has been shared with line employers regarding this. OS The Official Side responded that this was an issue which would have implications across the entire public service affecting more that 300000 employees. Revised regulations were being prepared to do this. Covid 19 priorities have been a factor in delaying this.

Public commentary on Civil Service Remote working

The Staff Side collectively expressed its extreme concern regarding recent statemented fro Marc MacSharry TD criticising public servants working from home. Surveys have been carried out by the union which should that the members are in face exceeding what is required of them and have enabled the continuity of government and provided unbroken service to the public during the Covid 19 crisis. The Staff Side called on the official side and in particular the General Secretary of DPER to defend state employees from this unwarranted attack. The official side agreed that employees in the Civil Service had worked above and beyond expectations, in very difficult circumstances and that this was greatly appreciated. On the substantive issue of remote working the Official side thanked the staff side for its input on this issue and was in the process of preparing guideline for line employers on this. Implementation of these guidelines will be for line employers. To consult with the staff side regarding this.

The staff side outline its concerns regarding a return to the workplace, in the current climate of Covid 19, it also raised the probability that the workplace would experience a fundamental change consequent to the changes to work practices brought on by Covid 19.

A formal agreement is required to address these emerging trends. The official side indicated that, a management side sectoral group, was meeting to establish general principals, which would then be brought to the Panel. Legal issues along with the practical issues of resourcing those working from home, in both Covid and non Covid environments, were being addressed.

Red Weather

The Staff Side referenced the delay to arbitration regarding this and raised the implications of Covid 19 and the changed work environment that this has created. The Official side agreed with this assessment and referenced the new HSE guideline on Red weather. Contact with the staff side to continue on this.

The appointments of the C & A Scheme Adjudicator and Arbitration Boards.

An agreed position has been reached on the appointment of both the Adjudication and arbitration Boards. Given the ongoing crisis there had been some delay in this, Ministerial approval had now been secured and a memo was going to Government, the process should be finalised in two weeks. The staff side pointed out the limitations of the current systems and the fact that there were cases of legitimate concern where currently there was in effect no where to go. The

98 AHCPS Annual Report 2019/2021

official side highlighted the Conciliation aspect of C&A and the role of the Adjudicator in this. The staff side indicated that the number of possible referrals would render the system unworkable as it is not resourced adequately.

37 Hour Divisor for the Calculation of Overtime in the Civil Service.

The issue on the application of a net hour divisor, for the calculation of overtime, had been submitted as a claim and was a live issue as no disagreed report had issues. The anomaly whereby Civil Servants have overtime calculated resort to gross hours needes to be addressed.

Starting Pay for Legal Advisors

While this is specific to one department it has general implications in other departments. It was agreed that this would be addressed outside General Council.

5% ceiling for the employment of TCOs in the Civil Service.

The Panel expressed its regret at the retirement of Nicholas Meehan with whom this issue had been progressed. Data had been provided indicating that he level of TCOs pre crisis was 4.1%. a claim had been submitted on this and pending a final attempt at agreement a disagreed report would be sought. the Official side indicated that Covid 19 had placed strains on Departments which required emergency responses and had changed the landscape.

Overpayment issues, arising in some Departments.

The Panel expressed the view that the provisions of the overpayments circular should be revisited. In particular the hardship clause was causing distress to members some of whom were being presented with demands for thousands. a particular reference was made to the Department of Education and specific problems which had arisen there, this was being addressed. The official side conceded that there were cases of hardship and that the NSSO and line department HRs contact Dper with a view to resolving these matters.

Cleaning and Security

In the Context of Covid 19 cleaning and security should be provided in the Civil Service by direct employment of the appropriate Forsa Civil Service Grades, Forsa Restated its position that the direct employment of the appropriate Forsa grades of Government Cleaner and Service Officer was a priority and that the privatization of these roles was strongly opposed by Forsa, particularly in this time of Covid 19. The dangers of the employment of private contractors working in multiple employments was highlighted, it was essential that the issue of direct recruitment should be addressed. The Official Side acknowledged the vital role these grades provided. The Health & Safety of both the staff and the public was a priority. The Official Side offered a bilateral meeting to address this issue.

Proposed move of certain aspects of the C&A Scheme to the WRC.

The Panel indicated that the transition to the WRC was a priority and that a letter to the Minister was to be sent regarding this. A time line of 2021/22 was suggested by the staff side. There was a need to put workers in the Civil Service on the same footing as other public servants and to have the facilities of the WRC made available on a formal footing. The official side indicated that Covid 19 had delayed this process. There was an issue relating to the definition of "worker", while it was thought that this had been clarified in 2016, this in fact was not the case. Both Dper and CSHR were involve in this, the complexities were being addressed.

4. Disciplinary Appeals Board

As with other C&A fora the Disciplinary Appeals Board and the disciplinary process was detrimentally affected by the Covid 19 crisis. Virtual platforms were agreed as a means of progressing cases. The following information was requested regarding the operation of the DAB system in 2020. The update is provided below. 1. The Number of Disciplinary Cases heard in 2020

2. The outcome of those appeals

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3. A breakdown by Grade of all appeals

4. A breakdown of all Departments where appeals were lodged.

5. A list of all outstanding cases by Department

The DAB Board has been updated and the details of membership are as follows.

Re: Appointment to the Civil Service Appeals Board

Dear Eugene

I refer further to the appointment of whole time officials of recognised trade unions nominated by General Council Staff Panel to the Civil Service Appeals Board.

In this regard, please note, that the Minister has approved the reappointment of 16 and 1 new panel member to this Board (see names below) in accordance with the Civil Service Disciplinary Code 19/2016.

・ Mr. Des Fagan, Fórsa Trade Union

・ Mr. Derek Mullen, Fórsa Trade Union

・ Mr. Billy Hannigan, Fórsa Trade Union

・ Mr. Paul Caffrey, Fórsa Trade Union

・ Ms. Cliodhna McNamara, Fórsa Trade Union

・ Mr. Paul MacSweeney Fórsa Trade Union

・ Mr. Denis Keane, Fórsa Trade Union

・ Mr. Eugene Quinn, Fórsa Trade Union

・ Mr. Sean Carabini, Fórsa Trade Union

・ Mr .Thomas Cowman, Fórsa Trade Union

・ Ms. Lyn Coffey, Fórsa Trade Union

・ Mr. Shay Clinton, Fórsa Trade Union

・ Mr. Shane Lambert, Fórsa Trade Union

・ Ms. Geraldine O’Brien, Fórsa Trade Union

・ Mr. Eoin Ronayne, Fórsa Trade Union

・ Mr. Ciaran Rohan, Association of Higher Civil and Public Servant

・ Mr Billy Thompson, Association of Higher Civil and Public Servant

Membership of the existing official panel is enclosed for your information.

 Mr. Paul Malone, Association of Higher Civil and Public Servants  Mr. Paul Moyer, Fórsa  Mr. George Maybury, Former Union Official  Mr. John Kelleher, Former Union Official

Please inform members. I would be grateful if you could confirm receipt of this letter by notifying at ([email protected]).

100 AHCPS Annual Report 2019/2021

Yours sincerely

______Louise Mc Girr Head of Civil Service Employee Relation

Board Panel of serving (or former) civil servants

Ms. Lynda Slattery, Office of the Revenue Commissioners Mr. Padraig McMahon, Department of Agriculture, Food and the Marine Ms. Maureen O’Sullivan, Department of Business, Enterprise and Innovation Mr. John O’Leary, CSO Mr. Tony Fitzpatrick Former Civil Servant Ms. Anne Tynan Former Civil Servant Ms. Emer Darcy Dublin Circuit and District Civil and Family Law

5. Adjudication & Arbitration

A delay in the appointment of a new Arbitration Board and the reappointment of the Adjudicator coupled with the ongoing disruption caused by Covid 19 limited the utilization of both bodies.

The following appointments were confirmed

Adjudicator: Dan Murphy Arbitration Board: Chair Loughlin Quinn, Employer representative David Denny, Staff Side Representative Angela Kirk and Staff Side Representative (Defence) Gerry Rooney

The following cases were processed or were in process in 2020.

Adjudication

Parties: FÓRSA (CPSU) and An Garda Síochána Grading of Call Dispatcher in Garda Control Rooms The hearing took place on 10 March, 2020.

Finding 11 March

That the appropriate grading for Call Dispatcher is Clerical Officer plus an allowance. Having regard to all of the foregoing, my finding is that the appropriate grading for the Call Dispatcher is Clerical Officer plus a pensionable allowance in the nature of pay of €2,000 per annum.

Adjudication/Arbitration cases in progress.

Adjudication: Statement rcvd Counterstatement rcvd Status/Update: 1 Fórsa & DJE - Sunday Premium Retrospection @ BMU Dublin Airport (Joint Referral) 21/04/2019 29/04/2019 Substantive issue settled; disagreement remains re payment retrospection. Parties have jointly agreed to proceed to Adjudication exclusively on the retrospection issue. Fórsa statement received 21 April 2020, D/Justice statement received 29 April 2020. Awaiting the appointment of the Adjudicator.

Arbitration: Statement rcvd Counterstatement rcvd Status/Update: 1 Forsa v DPER (EOs on AO and HEO Panels) 23/05/2020 - Awaiting the appointment of the new Arbitration Board.

6. Pensions

101 AHCPS Annual Report 2019/2021

1. To explore the possibility of entry into the Spouses’ and Children’s Scheme for those who are not presently included in it. SS

The Staff Side wished to explore the possibility of entry for those who for whatever reason were not currently in the scheme. There were a number of reasons why members are not in this scheme these included “changed circumstances”

OS.

The official Side outline the history of the current Scheme and highlighted the mandatory nature of the scheme for all those employed post 1984.

Circular 16/1984 governed to all Established staff, all those employed prior to that date had been given the option of inclusion.

The official side were not favourable disposed to altering the current scheme.

Action

To be kept on the agenda for further discussion.

2. To ensure that partners accompanying Irish government officials overseas are not disadvantaged under the social welfare code, in particular by ensuring that the period spent abroad by partners are discounted or credited with a view to maintaining the integrity of their social insurance records and preserving social welfare entitlements, notably contributory pensions. SS

The Staff Side indicated that there was an emerging problem of discontinuity of cover for the partners of members who accompanied Officials on overseas posting. There were incidences of posting to countries with whom Ireland did not have bilateral agreements on continuity of contribution and as a consequence cover and accrued benefits were affected.

OS

The Official side reiterated that this was primarily an issue for DEASP, but took on board the facts presented regarding the difficulties posed by such posting.

Action

The Official Side agreed to reflect on this and revert

3. Pre and post 1995 pension issues, in particular the exclusion from the 1/200 per year of service from those earning less than 3.333333 times COAP and employed Pre 1995 and the exclusion of this premium from the supplementary pensions of those employed pre and post 95 established and unestablished who retire prior to eligibility for the COAP. SS

The Staff Side reiterated its position on this matter, emphasised that there were two distinctive groups affected, that they were both the lowest paid Civil Servants and that the unintended consequence of the application of both the of the recommendations of 2005 report on pensions and the abolition of the transitional pension affected these group in an anomalous manner.

OS

The Official Side agreed that facts supported the proposition that Established pre 95 employees were at a considerable disadvantage in terms of pension, that the removal of the transitional pension affected those on low earning in the manner described and that established and unistablished low earners were both affected.

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Action

An attempt to establish the number of staff affected would be made, this would be kept on the agenda.

4. The obligation to sign on, for those who retire before the statuary age for receipt of the COAP. SS

The Staff Side pointed out the indignity attached to the obligation to sing on if members exercise their rights to retire prior to the current COAP age.

The fact that this also entailed a reduced pension for post 95 employees as opposed to a pension based on their actual salary was highlighted, it was also the case that signing on required a commitments to be seeking work.

OS

The Official Side accepted that those who exercised their rights to retire would receive a temporarily reduced pension, that this was introduced as a “bridging measure” and that supplementary pension which replaced the transitional pension was based on 1/80 of salary per year of service,

Action

To be kept on the agenda.

5. Time lags in the payment of pensions

SS

The Staff Side were receiving reports of delays in the payment of pensions in particular where the individual concerned had a mixed employment history or allowances formed part of income.

OS

The Official Side requested details

6. Doubling.

As this was a POA issue the a detailed presentation on the issue was given, official side to revert

Any other business

None

It was agreed that another meeting would be convened

Eugene Dunne

Staff Side Secretary Pension same sex marriage/civil partnership https://www.gov.ie/en/circular/e6511-circular-182020-recognition-of-same-sex-marriagescivil-partnerships-under- public-service-original-spouses-and-childrens-contributory-pension-schemes/

103 AHCPS Annual Report 2019/2021

7. Travel and Subsistence rated 24/7/2020 https://www.revenue.ie/en/employing-people/employee-expenses/travel-and-subsistence/civil-service-rates.aspx

8. PSSA Restoration of Pay and allowances, 1st of October Adjustments 2020 C:\Users\staff panel\Downloads\90209_c34ecf4b-c517-4e39-9e61-5955a7eb6385.pdf

9. Equality

Staff Side Report on Equality and Diversity November 2020 Data on diversity and inclusion in the context of national and international commitments

As indicated at the October meeting of General Council Staff Panel, I have sought data on Diversity, Equality and Inclusion from Management. In line with the principals contained in the "Developing Our People and the Organisation pillar of "Our Public Service 2020", action point 16. https://www.ops2020.gov.ie/. this information must be available in order to make any rational assessment of the efficacy of these aspirations.

These principals are also contained in the OECD Recommendation on Public Sector Leadership and Capability published on the 17th of January 2019 in its "14 principles for a fit-for-purpose public service" at "3. Ensure an inclusive and safe public service that reflects the diversity of the society it represents." and Next generation diversity and inclusion policies in the public service November 2019 Ensuring public services reflect the societies they serve Embracing a policy and culture of diversity and inclusion (D&I) is increasingly considered the norm for public services across the OECD. A growing number of countries acknowledge how diversity has the potential to improve service delivery to citizens and boost performance through greater innovation and employee engagement. But, while some improvements have been made over time, progress has remained slow. In most public services, pay gaps for the same positions persist; the representation - particularly at senior levels of women, visible minorities and people with disabilities - remains markedly lower than in the general population; and in employee surveys, levels of perceived harassment and bullying remain higher than average for certain demographic groups. In many OECD member countries, a new generation of D&I policies is being developed to cultivate a culture of inclusion. The present Working Paper examines how public administrations are addressing this challenge, highlighting good practices in areas such as inclusive leadership models, the use of HR analytics and behavioural approaches to design and implement D&I policies. It also identifies governance mechanisms and tools for managers and organisations to help ensure coherence and accountability for D&I goals. The drive for diversity and inclusion will always be a moving target; public services will need to continually assess, adapt, and strive for public services that reflect the changing societies that they serve.

The Irish Human Rights and Equality Commission (IHREC) also highlighted the statutory obligations of Public service Bodies contained in Section 42 of the Irish Human Rights and Equality Commission act 2014,to have regard to the need "to eliminate discrimination, promote equality and protect human rights of staff and people availing of their services. Section 42(2) requires public bodies to assess, address and report on progress in relation to equality and human rights in their strategic plan and annual reports in a manner that is accessible to the public." In particular I asked for the following data.

Gender

1. A breaking down of the number of male and female employees in the Civil Service.

2. The number of males and females employed in each Government Department.

3. The numbers of males and females per Grade employed in each Government Department.

4. The number by gender participating in promotional competitions

5. The number by gender offered promotion in each of these promotional competitions.

Diversify 6. The number of those with a declared disability employed in the Civil Service by grade

104 AHCPS Annual Report 2019/2021

7. A breakdown by Department of these employees by Grade.

8. A breakdown of these employees by gender.

9. A breakdown of those with declared disabilities participating in promotional competitions.

10. The number of those with declared disabilities offered promotion in those competitions.

I also requested data on self declared ethnicity and socio economic background. Some but not all of the data was available. I attach information made available from 2018 to date, this contains details of specific and general data pertinent to the questions sighted above and forms the basis for a collective assessment by the Staff Side, of the current situation with regard to the alignment of Civil Service employers, with the principals of creating a Civil Service that "Ensure an inclusive and safe public service that reflects the diversity of the society it represents."

I supplied the following data to Staff Panel (copies available).

1. List of public bodies with percentages from Highest to Lowest, of employees who have self-declared that they have a disability, by Departments and Bodies under their aegis’s 2018. 2. Slides giving a breakdown by gender and of participation and offer of posts, to those with disabilities in interdepartmental competitions for HEO (circular13/18 2018) and AP (circular13/19 2019) and an analysis of the nature of declared disabilities. 3. Breakdown by gender employed in Departments. 4. Breakdown by gender & grade in the Civil Service. 5. Slides giving a breakdown for certain grades with interdepartmental streams by gender and declared disability.

10. The quarterly meetings of the Board of Civil Service Employee Assistance Service were suspended consequent to Covid 19.

Eugene Dunne, Staff Side Secretary, Civil Service General Council Staff Panel. [email protected] 0877712124

105 AHCPS Annual Report 2019/2021

106 Appendix H PAY CIRCULAR – 1 OCTOBER 2020

Circular Title: Application of 1 October 2020 pay adjustments

A Dhuine Uasail, I am directed by the Minister for Public Expenditure and Reform to convey the following instructions to Departments / Offices with regard to the application of adjustments to civil service pay in accordance with the Public Service Pay and Pensions Act 2017.

To: HR Manager / Personnel Officer in each Department and Office

Circular Number: Circular 12/2020

Purpose: This circular sets out pay increases due on 1 October 2020 as provided for in the Public Service Pay and Pensions Act 2017 (‘the Act’) and provides for restoration of fixed allowances.

File Reference: E107/006/2015

Relevant Legislation: Public Service Pay and Pensions Act 2017 Financial Emergency Measures in the Public Interest (No.2) Act 2009

Effective From: 1 October 2020

Mise le meas,

Colin Menton Assistant Secretary Public Service Pay and Pensions Division

Tithe an Rialtais, SrÆid Mhuirfean Uacht, Baile `tha Cliath 2, D02 R583, ire Government Buildings, Upper Merrion Street, Dublin 2, D02 R583, Ireland T +353 1 676 7571 LoCall 1890 66 10 10 www.per.gov.ie

107 AHCPS Annual Report 2019/2021

1. Application

1.1. This circular applies to all civil service grades.

1.2. Grades whose pay and conditions are appropriate to the Joint Industrial Council for State Industrial employees will be the subject of a separate circular.

1.3. The pay adjustments should be applied, as appropriate, from 1 October 2020.

2. General

2.1. This circular sets out the pay restoration and pay increases due on 1 October 2020 as provided for in the Public Service Pay and Pensions Act 2017 (“the Act”).

2.2. For the purpose of this circular, all civil servants should be considered “covered” public servants pursuant to section 3 of the Act.

2.3. This circular also sets out arrangements in respect of the Additional Superannuation Contribution (ASC) for the year 2020.

2.4. The circular also provides for restoration of fixed allowances.

2.5. The adjustments should be rounded to the nearest euro on annual payscales and to the nearest cent on weekly payscales. Hourly rates should be rounded to the nearest €0.001.

3. Public Service Stability Agreement (PSSA) 2018-2020 pay increase

3.1. In accordance with section 10 (2) of the Act, the annualised amount of the basic salary of civil servants who are “covered” public servants will be increased by 2% with effect from 1 October 2020.

3.2. Revised payscales for members of general service grades and certain grades common to two or more Departments to which this circular applies, are set out in the Appendices to this circular.

4. Pensions

4.1. Pension increases Departments / Offices are reminded that instructions on increasing pensions in payment on foot of the award of salary increases agreed under the PSSA are set out in Circulars 02/2018 and 19/2019.

4.2. Additional Superannuation Contributions: Covered Public Servants –Thresholds/Rates in 2020 Member of a standard accrual Member of a fast accrual pension Member of the Single Scheme: pension scheme: scheme:

€0 - €34,500 @ 0% €0 - €28,750 @ 0% €0 - €34,500 @ 0%

>€34,500 – €60,000 @ 10% >€28,750 – €60,000 @ 10% >€34,500 – €60,000 @ 3.33%

>€60,000 @ 10.5% >€60,000 @ 10.5% >€60,000 @ 3.5%

2

108 AHCPS Annual Report 2019/2021

5. Overtime

5.1 Payment in respect of overtime rendered on or subsequent to 1 October 2020 by members of grades to which this circular applies should be calculated by reference to the revised pay rates with effect from 1 October 2020.

6. Premium Rates of Pay and Allowances (including Fixed Allowance Restoration)

6.1 Premium rates of pay payable in respect of or subsequent to 1 October 2020 which are calculated as specific percentage or specified proportion of basic salary should be calculated by reference to the revised rates of pay with effect from 1 October 2020.

6.2 Allowances which are calculated as a specific percentage or specified portion of basic pay should be calculated by reference to the revised rates of pay with effect from 1 October 2020.

On 1 October 2020: Fixed allowances which are not calculated as a specific percentage or specified proportion of basic salary will be restored to their monetary value as of 31 December 2009. Note that this measure relates solely to fixed allowances which were in payment on 1 January 2010 and which were cut by either 5% or 8% under the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 and which continue to be paid as fixed allowances separate to basic pay. Any new allowances introduced after 1 January 2010 will not be increased under this circular.

6.3 Children’s allowances, both standard and ex-gratia, remain unchanged.

7. Queries

7.1 Individual queries in relation to this circular should be raised in the first instance with HR Shared Services (NSSO) or, where applicable, with local HR Units.

7.2 Departments who experience difficulties that arise in the application of this circular should raise the matter with this Department via email to [email protected]. 7.3 This circular is also available at www.gov.ie

109 AHCPS Annual Report 2019/2021

Appendix 1A

Revised payscales with effect from 1 October 2020 for General Service grades.

SECRETARY GENERAL I €211,742

SECRETARY GENERAL II €201,155

SECRETARY GENERAL III €190,568

DEPUTY SECRETARY €174,688

ASSISTANT SECRETARY €135,299 €141,449 €148,111 €154,775

PRINCIPAL HIGHER €91,003 €94,648 €98,306 €101,949 €105,062 €108, 343„ €111, 619²

PRINCIPAL €84,752 €88,230 €91,689 €95,176 €98,113 €101, 161„ €104, 202†

ASSISTANT PRINCIPAL HIGHER €71,900 €74,537 €77,182 €79,816 €82,457 €83,994 €86,625„ €89, 245†

ASSISTANT PRINCIPAL €66,663 €69,089 €70,424 €72,783 €75,145 €76,511 €78,889„ €81,275†

ADMINISTRATIVE OFFICER €31,644 €34,183 €34,533 €37,499 €41,294 €44,184 €47,074 €49,974 €52,860 €55,745 €57,733„ €59,727†

ADMINISTRATIVE OFFICER HIGHER SCALE €44,184 €47,074 €49,974 €52,860 €55,745 €57,733 €59,704 €61,671

HIGHER EXECUTIVE OFFICER €47,447 €48,833 €50,211 €51,591 €52,972 €54,362 €55,745 €57,733 „ €59,727†

HIGHER EXECUTIVE OFFICER HIGHER SCALE €50,211 €51,591 €52,972 €54,362 €55,745 €57,733 €59,041 €60,354 €61,671

110 AHCPS Annual Report 2019/2021

EXECUTIVE OFFICER €29,428 €31,451 €32,253 €33,978 €35,656 €37,287 €38,906 €40,492 €42,095 €43,653 €45,258 €46,329 €47,840„ €49,353†

EXECUTIVE OFFICER HIGHER SCALE €32,253 €33,978 €35,656 €37,287 €38,906 €40,492 €42,095 €43,653 €45,258 €46,329 €47,840 €48,967 €50,093 €51,220

CLERICAL OFFICER €25,324 €26,456 €27,201 €28,318 €29,434 €30,550 €31,351 (€485.35) (€507,03) (€521.30) (€542,70) (€564.09) (€585.47) (€600.82) €32,436 €33,342 €34,082 €35,135 €36,774 €38,065„ €38,659† (€621.60) (€639.00) (€653.16) (€673.34) (€704.77) (€729.49) (€740.88)

CLERICAL OFFICER HIGHER SCALE €26,456 €27,201 €28,318 €29,434 €30,550 €31,351 €32,436 €33,342 (€507.03) (€521.30) (€542.70) (€564.09) (€585.47) (€600.82) (€621.60) (€639.00) €34,082 €35,135 €36,774 €38,065 €38,659 €39,455 (€653.16) (€673.34) (€704.77) (€729.49) (€740.88) (€756.13)

HEAD SERVICES OFFICER €602.60 €616.03 €631.91 €650.97 €663.53 €682.34 €704.77„ €729.49†S

SERVICES OFFICER €432.68 €446.97 €459.81 €476.94 €494.34 €512.17 €524.91 €532.61 €558.48 €576.68„ €597.61†

SERVICES ATTENDANT €432.68 €433.45 €459.81 €467.04 €479.35 €496.92 €519.85 €530.07 €551.66 €569.34„ €590.05†

CLEANER €405.87 €429.76 €440.02 €457.36 €475.23 €487.58„ €507.54†

„ After 3 years satisfactory service at the maximum. † After 6 years satisfactory service at the maximum.

111 AHCPS Annual Report 2019/2021

Appendix 2A

Revised payscales with effect from 1 October 2020 for established employees appointed on or after 6th April 1995 paying the Class A rate of PRSI contribution and making an employee contribution in respect of personal superannuation benefits (PPC) for General Service grades.

SECRETARY GENERAL I (PPC) €211,742

SECRETARY GENERAL II (PPC) €211,742

SECRETARY GENERAL III (PPC) €200,598

DEPUTY SECRETARY (PPC) €183,882

ASSISTANT SECRETARY (PPC) €142,421 €148,892 €155,908 €162,920

PRINCIPAL HIGHER (PPC) €95,661 €99,490 €103,337 €107,177 €110,452 €113,901 „ €117,352 †

PRINCIPAL (PPC) €89,072 €92,738 €96,377 €100,044 €103,136 €106,343„ €109,547†

ASSISTANT PRINCIPAL HIGHER (PPC) €75,549 €78,323 €81,102 €83,879 €86,658 €88,281 €91,036„ €93,800†

ASSISTANT PRINCIPAL (PPC) €69,012 €71,506 €73,988 €76,477 €78,959 €80,392 €82,899 „ €85,415†

ADMINISTRATIVE OFFICER (PPC) €33,053 €35,546 €36,257 €39,378 €43,372 €46,412 €49,454 €52,505 €55,547 €58,578 €60,679 „ €62, 776†

ADMINISTRATIVE OFFICER HIGHER SCALE (PPC) €46,412 €49,454 €52,505 €55,547 €58,578 €60,679 €62,747 €64,818

HIGHER EXECUTIVE OFFICER (PPC) €49,845 €51,303 €52,756 €54,210 €55,669 €57,123 €58,578 €60, 679¹ €62,776

HIGHER EXECUTIVE OFFICER HIGHER SCALE (PPC) €52,756 €54,210 €55,669 €57,123 €58,578 €60,679 €62,055 €63,436 €64,818

112 AHCPS Annual Report 2019/2021

EXECUTIVE OFFICER (PPC) €30,884 €32,677 €33,689 €35,664 €37,436 €39,148 €40,854 €42,525 €44,213 €45,853 €47,546 €48,666 €50, 259„ €51,851†

EXECUTIVE OFFICER HIGHER SCALE (PPC) €33,689 €35,664 €37,436 €39,148 €40,854 €42,525 €44,213 €45,853 €47,546 €48,666 €50,259 €51,444 €52,631 €53,821

CLERICAL OFFICER (PPC) €24,586 €26,195 €26,604 €27,401 €28,577 €29,751 €30,925 €31,781 (€471.20) (€502.02) (€509.85) (€525.13) (€547.67) (€570.17) (€592.67) (€609.05) €32,747 €33,873 €34,665 €35,779 €36,885 €38,612 €39,970„ €40,592† (€627.60) (€649,16) (€664.35) (€685.68) (€706.90) (€739.99) (€766.01) (€777.93)

CLERICAL OFFICER HIGHER SCALE (PPC) €27,401 €28,577 €29,751 €30,925 €31,781 €32,747 €33,873 €34,665 (€525.13) (€547.67) (€570.17) (€592.67) (€609.05) (€627.60) (€649.16) (€664.35) €35,779 €36,885 €38,612 €39,970 €40,592 €41,433 (€685.68) (€706.90) (€739.99) (€766.01) (€777.93) (€794.05)

HEAD SERVICES OFFICER (PPC) €626.46 €643.37 €656.98 €676.79 €696.59 €716.40 €740.01„ €766.02 †

SERVICES OFFICER (PPC) €442.99 €469.40 €479.37 €500.44 €519.26 €530.52 €543.70 €559.55 €586.64 €600.04„ €621.36†

SERVICES ATTENDANT (PPC) €436.99 €454.91 €479.37 €487.13 €503.18 €522.01 €538.43 €556.91 €579.63 €598.18„ €613.70†

CLEANER (PPC) €423.01 €450.83 €458.61 €476.79 €498.63 €512.13„ €525.68†

„ After 3 years satisfactory service at the maximum. † After 6 years satisfactory service at the maximum.

113 AHCPS Annual Report 2019/2021

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