cpsa garda trainee code 0507 en · publishedin2009bythe commissionforpublicserviceappointments...

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MERITRIT CET PRACTICEBEST PR

SISTENCYSTENCYCONSISTENCYLITYACCOUNTABILITY

CODE OF PRACTICEAPPOINTMENT TO POSITIONS WHERE THE GARDA COMMISSIONERHAS STATUTORYRESPONSIBILITIES

Published in 2009 by the

Commission for Public Service Appointments

Chapter House, 26-30 Abbey Street Upper, Dublin 1

Tel: (01) 877 9940, Fax: (01) 877 9950

Email: [email protected]

Web: www.cpsa-online.ie

FOREWORD

The Commission for Public Service Appointments was established on 19October 2004 under the terms of the Public Service Management (Recruitmentand Appointments) Act 2004.

As the principal regulator of recruitment and selection processes within thepublic service, the Commission has a statutory role to ensure that appointmentsin the organisations subject to its remit are made on merit and as the result offair and transparent appointment processes.

Appointment processes for recruitment to all positions within the remit of theAct are subject to Codes of Practice published by the Commission. The Codesset out the regulatory framework for such appointment processes and centre onfive recruitment principles. Examples of each principle in practice illustrate theCommission’s views on their application and indicate the areas the Commissionwill seek to review through its audit function. The Codes also set outrequirements in relation to the conduct of candidates in the selection process,thereby ensuring that a standardised approach to recruitment is adopted by allparticipants.

The Commission recognises that recruitment practices need to evolve inresponse to changing work and social environments and to keep abreast ofgood practice in every sense. The Codes therefore reflect the Commission’scontemporary views on the various elements of the appointment process andprovide a principle-based approach that acknowledges and encourages thedynamic nature of recruitment systems.

This Code of Practice sets out the principles to be observed in respect ofappointments to positions where the Garda Commissioner is statutorilyresponsible for the taking of decisions relating to the final appointment ofcandidates.

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“The Commission has a statutory role to ensure thatappointments in the organisations subject to its

remit are made on merit and as the result of fairand transparent appointment processes.”

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Commission for Public Service Appointments Code of Practice

Foreword 3

Section 1 Introduction 61.1 The Commission for Public Service Appointments 61.2 What is the Commission’s statutory remit? 61.3 What does the Commission do? 61.4 What are the Commission’s Codes of Practice? 71.5 When does this Code apply? 81.6 Structure of this Code 81.7 Monitoring the application of the Codes 81.8 Further advice 9

Section 2 Recruitment Principles 102.1 Probity 102.2 Appointments made on merit 122.3 An appointment process in line with best practice 152.4 A fair appointment process applied with consistency 182.5 Appointments made in an open, accountable and transparent manner 21

Section 3 Audit of Recruitment Policies and Practices 243.1 The legal position 243.2 Application 243.3 Audit procedures 243.4 Publication of reports 25

Section 4 Responsibility for the Application of the Recruitment Principles 264.1 Responsibility for the application of the principles 264.2 Accounting for recruitment decisions 26

Section 5 Responsibility of Candidates 275.1 Canvassing 275.2 Candidates’ obligations 275.3 Penalties for failure to comply 27

Section 6 Interference with the Recruitment Process 28

Overview of Review / Appeals Procedures 29

Section 7 Review Procedures in Respect of those Aspects of the Recruitment and 31Selection Process Delegated by the Garda Commissioner to the PublicAppointments Service

Section 8 Requests for Review of Decisions Taken in Relation to those Aspects of 34the Appointment Process Conducted by the Garda Commissioner

Section 9 Review / Appeals Procedures in Relation to Allegations of a Breach of the 37Code of Practice

Section 10 Ministerial Responsibility 40

Appendix 41Definition of terms 41

CONTENTS

SECTION 1INTRODUCTION APPOINTMENT TO POSITIONS WHERE THE

GARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES6

1.1 The Commission for Public ServiceAppointments

The Commission for Public ServiceAppointments (Commission) is anindependent body. The mandate for theCommission is set out in the Public ServiceManagement (Recruitment andAppointments) Act 2004 (the Act).

The Commission consists of five ex-officiomembers (Commissioners):• Chairperson of Dáil Éireann (An

Ceann Comhairle)• Secretary General to the Government• Secretary General, Public Service

Management and Development,Department of Finance

• Chairperson, Standards in PublicOffice Commission

• Ombudsman.

1.2 What is the Commission’s statutoryremit?

The Public Service Management(Recruitment and Appointments) Act 2004governs appointments to positions in the CivilService, An Garda Síochána, the HealthService Executive, the Health Informationand Quality Authority, any other public bodyto which the application of the Act has beenextended by order of the Minister forFinance, and to those positions in the localauthorities and vocational educationcommittees to which the Local Authorities(Officers and Employees) Act, 1926 applies.

The purpose of the Act is to provide amodern and efficient framework for publicservice recruitment that allows for increasedflexibility while maintaining high standards ofprobity and fairness. It provides theCommission with responsibility forestablishing and safeguarding standards inthe recruitment and selection of appointeesas well as the powers necessary to enforcethose standards, which include the power toamend the terms of a recruitment licenceissued to a public body, or to revoke thelicence in extreme cases, but which do notinclude the power to alter a recruitmentdecision once made.

The standards established by theCommission must be made publicly availablein Codes of Practice and must be observedby office holders.

1.3 What does the Commission do?

The Commission establishes standards ofprobity, merit, equity and fairness to beobserved in the appointment of persons topositions in the bodies subject to its remit.

The Commission discharges itsresponsibilities by:• Publishing and maintaining Codes of

Practice which set out the standardsto be observed in relation toappointments in the public service

• Auditing and evaluating recruitmentpolicies and practices to safeguardthese standards and to establishwhether or not its Codes of Practiceare being observed

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• Granting recruitment licences andrevoking same where necessary

• Issuing instructions and advices tolicence holders

• Establishing and setting downappropriate appeal procedures

• Reporting to the Oireachtas and thegovernment, and providinginformation to ministers on theoperation of recruitment and selectionprocesses

• Carrying out its powers and dutiesunder the Act.

The Commission has responsibility for theprotection of the public interest in relation torecruitment and selection matters and usesits audit function to ensure that thoseoperating its Codes are at all times committedto the principles set out in them.

The Commission contributes to thedevelopment of an effective and impartialpublic service by carrying out the dutiesimposed on it by the Act. It provides anassurance to the public that appointmentsare made on merit. This means that officeholders select, from those candidatesavailable, the best person for the job for thepurpose of ensuring, as far as reasonablypossible, that the duties of the job will becarried out as effectively as possible.

1.4 What are the Commission’s Codes ofPractice?

The Codes of Practice set out theCommission’s core recruitment and selectionprinciples and inform their interpretation andapplication. These standards must beobserved by all those involved in theappointment processes under theCommission’s remit. This principle-basedapproach is intended to maintain and enhanceconsistency, fairness, transparency,accountability and diversity in recruitmentpractices. As such, the Codes reflect theCommission’s responsibilities with regard toprotecting the public interest.

The Codes provide office holders with a clearand concise guide to the approach they musttake to ensure a fair, open and transparentappointment process that produces a qualityoutcome and commands public confidence.They are intended to contribute to thedevelopment of best practice in the field ofrecruitment and selection.

The Codes provide a flexible frameworkbased on the Commission’s recruitmentprinciples. They recognise that office holdersrequire flexibility to deal efficiently andeffectively with the diverse range ofappointments they make. Accordingly, theCodes enable office holders to adoptstrategies and develop processes toimplement the principles effectively. Allappointments made under each Code mustalso comply with relevant employment andequality legislation.

SECTION 1INTRODUCTION APPOINTMENT TO POSITIONS WHERE THE

GARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES

Each Code also sets out the procedure inrelation to requests for review and cases offailure to comply with any provision of thatCode.

1.5 When does this Code apply?

This Code applies to external appointments topositions in An Garda Síochána where theGarda Commissioner is statutorilyresponsible for the taking of decisionsrelating to the final appointment ofcandidates.

1.6 Structure of this Code

This Code of Practice details the coreprinciples of probity, equity and fairness,selection based on merit, and best practice,which should be applied to all recruitmentprocesses. The Code, originally developed in2004 and subsequently reviewed and refinedin 2007 and 2009 to take account ofobservations from office holders and thegeneral public alike, reflects a changing workand social environment, the differentbusiness needs that this has placed on thoseoperating the Code, and the consequentnecessity for flexibility, subject to theprinciples, in recruitment practices. Themain body of the Code is arranged asfollows:

Section 2: Definitions and interpretations ofeach of the Code principles inrelation to the appointmentprocess

Section 3: Details of how the audit functionof the Commission operates

Section 4: Details of responsibility for theapplication of the principles

Section 5: Details of the obligations placedon candidates

Section 6: Details regarding investigations bythe Commission

Section 7: The procedure for processingcomplaints made to the ChiefExecutive of the PublicAppointments Service regardingthose aspects of recruitment andselection delegated to the PublicAppointments Service

Section 8: The procedure for processingcomplaints made to the GardaCommissioner regardingdecisions relating to the thoseaspects of the appointmentcarried out by the GardaCommissioner

Section 9: The procedure to be followed bythe Garda Commissioner or theChief Executive of the PublicAppointments Service and bythe Commission in reviewingallegations of failure to complywith this Code of Practice

Section 10:An outline of ministerialresponsibilities.

Definitions of the terms used in this Code areset out in the appendix.

1.7 Monitoring the application of theCodes

Section 13 of the Act provides that theCommission may audit recruitment and

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selection policies and practices in order toevaluate and safeguard the standardsestablished in its Codes of Practice.The audit function is a key mechanism toensure adherence to the principles set out ineach Code of Practice. Audit programmesare carried out periodically to determine howthe principles are being interpreted andapplied. Audits may also focus on issues ofparticular interest or concern to theCommission (see section 3).

1.8 Further advice

Advice and information regarding the contentand interpretation of the Commission’s Codesof Practice are available from the Director atthe Office of the Commission for PublicService Appointments, or such officer(s) asmay be nominated by the Director.

PRINCIPLE1

2.1 Probity

A key objective of the Commission is to ensure

acceptable standards of probity in all appointment

processes. The principles established by the

Commission in this Code of Practice are

underpinned by the core values that define probity

such as integrity, impartiality, fairness, reliability and

ethical conduct. The Commission is concerned to

nurture a values-based culture of trust, fairness,

transparency and respect for all, and to ensure that

probity standards are subject to consistent, rigorous

oversight through its audit function. Office holders

must be committed to these values and must ensure

that all aspects of the appointment process are

managed ethically.

SECTION 2RECRUITMENT PRINCIPLES APPOINTMENT TO POSITIONS WHERE THE

GARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES 11


Examples of this principle in practice include:

Code of Practice

• Compliance with the terms of this Code ofPractice and any other guidelines issued bythe Commission.

Recruitment licence

• Adherence to the terms and conditions of therecruitment licence.

Respecting confidentiality

• The treatment of applications in strictconfidence, subject to the provisions of theFreedom of Information Acts 1997 and 2003and any other provisions that have beenclearly identified in the publisheddocumentation.

Legislative requirements

• Compliance with relevant legislation, includingthe Public Service Management (Recruitmentand Appointments) Act 2004, EmploymentEquality Acts 1998 and 2004, Disability Act2005, Official Languages Act 2003, DataProtection Acts 1988 and 2003 and Freedomof Information Acts 1997 and 2003.

PRINCIPLE2

2.2 Appointments made on merit

Appointment on merit means the appointment of the

best person for any given post through a transparent,

competitive recruitment process where the criteria

for judging suitability of candidates can be related

directly to the qualifications, attributes and skills

required to fulfil the duties and responsibilities of the

post. This fundamentally fair and just approach to

dealing with applicants results in the selection of

individuals whose competencies, abilities,

experience and qualities best match the needs of the

organisation in question. Merit is therefore an

integral principle which must underpin all

appointment practices.

Throughout any merit-based process, it is essential

to ensure that the selection process does not provide

unjustifiable advantage or disadvantage to any

particular candidate or group of candidates. The

selection process should embrace genuine equality

of opportunity, and this should be integral to the

processes by which appointments are made.





Attracting candidates

• Clear, concise and effective marketingdesigned to target an appropriate applicantfield is communicated openly to affordequality of opportunity.

• Marketing approaches ensure that recruitmentis from the widest pool of available (andrelevant) talent and experience.

• Opportunities are accessible to all potentiallyeligible applicants and are in formats andmedia that are accessible to persons withdisabilities.

• Marketing techniques do not exclude anyparticular group within society.

Job and person specifications/competencyframework

• Job specifications/competency role profilesidentify relevant criteria against whichcandidates can be measured throughout theselection process and can be justified inaccordance with relevant legislation.

• Person specifications are related accuratelyand precisely to the duties of the post.

Selection process

• A high-quality selection process based onthe skills and qualities relevant to the post.

• Job and person specifications/competencyprofiles are reflected consistently throughoutthe selection process.

• Criteria for selection are based on theessential requirements of the post, promotingthe principle of equality of opportunity.

• An active focus on ensuring that adverseimpact issues are considered and addressedin advance of recruitment campaigns.

• Appointment processes are monitored andevaluated, and positive solutions are found totackle any matters arising.

• Clear decisions are made regarding theapproach to be adopted in any recruitmentcampaign, and explicit consideration is givento opportunities and/or measures to promote(or remove possible barriers to) equality ofopportunity, as part of the planning of aselection process.

Assessment mechanisms

• Assessment mechanisms facilitate theidentification and selection of the person orpersons who best match the requirements ofthe post.

• Applications are considered on the basis ofabilities, qualifications and suitability for thepost in question.

Eligibility sift

• Adequate checks are in place to ensure thata candidate meets the eligibility requirementsbefore an offer of appointment is made.

• Only candidates who fulfil the eligibility criteriaand who have successfully completed theselection process (including compliance withthis Code of Practice) are deemed eligible forappointment.

• Candidates who do not satisfy the eligibilitycriteria are disqualified from the process andnotified accordingly.



Appointments

• Appointments are made following acompetitive, merit-based selection process inwhich all candidates have been treatedequally at each stage. Merit relates to theabilities, experience and qualities ofindividuals who best meet the requirementsof the particular job.

• Information on the approach that will beadopted to determine the order of merit iscommunicated to candidates at the outset.

• The criteria on which selection decisions willbe made are identified in advance.

• Decisions taken throughout the selectionprocess are based on the qualifications,attributes and skills necessary to undertakethe duties and fulfil the responsibilities of thepost to the required standard.

• At the final stage, candidates who meet therequired standard for the job are placed inorder of merit and considered forappointment in that order.

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PRINCIPLE3

2.3 An appointment process in line withbest practice

All appointment processes should be efficient, cost-

effective and in line with best practice. Best practice

extends to all aspects of the appointment process,

including defining job and person specifications,

marketing the vacancy and selecting appropriate

assessment mechanisms. It also includes providing

training and supporting management arrangements

to ensure the creation and maintenance of

appropriate records.




Determination of job criteria

• Requirements are not unduly restrictive andreflect what is necessary to perform the dutiesof the position. Non-essential requirements,which could have the effect of excludingpersons with disabilities, should not be specified.

• Desirable criteria, where identified, are notregarded as a prerequisite for the job.

• Terms and conditions, eligibility criteria andthe use and knowledge of the Irish languageare agreed with the appropriate minister at theoutset, in accordance with the requirementsof the job and/or any statutory requirements.

Language proficiency

• Provision in relation to the award of additionalcredit for proficiency in both the English andIrish languages is made in line with governmentpolicy, in accordance with the requirements ofthe job and/or any statutory requirements.

Job and person specifications

• The job specification and person specification,being the foundation of the selection process,are considered and endorsed at an appropriatesenior level within the employing organisationin advance of commencing the process.

• Substantive elements of the job and personspecifications are consistently reflectedthroughout the selection process.

• A well-thought-through approach torecruitment is evident with a real focus on therequirements of the job and the skills needed.

• Appropriate measures are taken in relation toflexibilities which might be employed tofacilitate persons with a disability.

Marketing

• Specific marketing channels appropriate tothe position under consideration and to thepotential applicant pool are used withsupporting rationale for the approach adopted.

Application process

• All reasonable efforts are made to provide anapplication process which is accessible to allcandidates.

Documentation

• Accurate, sufficient and appropriatedocumentation is issued to candidates,including information on how to access thisCode of Practice and in particular informationin relation to review procedures as outlined insections 7, 8 and 9 of this Code.

• Fully documented records, which clearlysupport each stage of the process, areretained, including notes of interviews.

• Documentation supporting assessment stagesof the process reflects the selection criteria.

• Documentation and information on its use,which are open to audit by the Commission,can be retrieved and accessed.

• Documentation sets out, in line with therequirements of the Act, the specific criteriacandidates are obliged to fulfil, i.e. they must:� have the knowledge and ability to

discharge the duties of the postconcerned

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� be suitable on the grounds of character� be suitable in all other relevant respects

for appointment to the post concerned;and if successful, they will not be appointed tothe post unless they:� agree to undertake the duties attached

to the post and accept the conditionsunder which the duties are, or may berequired to be, performed

� are fully competent and available toundertake, and fully capable ofundertaking, the duties attached to theposition.


• Assessment mechanisms are used in line withbest practice.

• Assessment processes are appropriate to theselection criteria.

• Selection processes are underpinned byobjectively written and effective job and personspecifications, focusing on the purpose of thejob, its main accountabilities and the essentialskills needed to perform the job effectively.

• Selection processes consist only of properlyvalidated selection tools and techniques.

• Written tests, where they are used as part ofthe selection process, are job related.

• All reasonable efforts are made toaccommodate candidates, with nounnecessary obstacles placed in their way.

• Enhanced facilities and equipment areprovided as necessary to enable candidates toperform to their optimum.

Shortlisting

• An appropriate means of shortlisting isemployed (where shortlisting exercises arecarried out).

Management systems and administration

• Effective management systems are in place.• Controls are in place to ensure that appropriate

processes are adopted and delivered.• Measures are in place to ensure that policies

and practices comply with the Code of Practice.• The effectiveness of assessment processes is

reviewed and evaluated regularly.

Training

• All selection practitioners fully understand theirrole and have the necessary skills to dischargetheir responsibilities.

• Training is delivered on a timely basis and isappropriate to the specific assessment processbeing deployed.

• Chosen selection techniques are only used byappropriately qualified individuals who havebeen properly trained in their administration,scoring and interpretation, and who arequalified to select a test which is valid for aparticular purpose.

• Disability awareness training is provided asappropriate.

Quality assurance procedures

• Appropriate procedures are in place to qualityassure the appointment process.

• The effectiveness of assessment processes isreviewed and evaluated regularly.

PRINCIPLE4

2.4 A fair appointment process appliedwith consistency

The Commission wholly opposes any form of

unacceptable or unlawful direct or indirect

discrimination, whether active or passive. The

selection process adopted and the manner in which

it is applied must be undertaken with real

commitment to equality of opportunity. Office holders

have an obligation to treat candidates fairly, to a

consistent standard and in a consistent manner.





Job and person specifications

• Job and person specifications are free frombias or poor practice.

• Job and person specifications areconsistently reflected throughout theselection process.

Marketing

• All marketing and supporting materials areaccessible, free from bias and reflect, whereappropriate, the job and personspecifications and assessment process thatwill be followed.

• Clear, concise and effective marketingdesigned to target an appropriate applicantfield is communicated openly to affordequality of opportunity.

• Marketing approaches ensure thatrecruitment is from the widest pool ofavailable (and relevant) talent andexperience.

• Opportunities are accessible to all potentiallyeligible applicants and are in formats andmedia that are accessible to persons withdisabilities.

• Marketing techniques do not exclude anyparticular group within society.

Documentation

• All documentation and the use of suchdocuments comply with relevantemployment legislation, Freedom ofInformation Acts 1997 and 2003, DataProtection Acts 1988 and 2003 and equalitylegislation and guidelines.


• Assessment tools comply with requirementsfor fairness and freedom from bias.

Selection process

• Shortlisting criteria are job related andapplied consistently across all candidates.

• Reasonable consideration is given to equalityprinciples when constituting selectionboards, where practicable, e.g. genderrepresentation is taken into account.

• Systems are in place to ensure that selectionboards carry out the selection process in afair and consistent manner.

• All appropriate and reasonableaccommodations are provided to candidateswith disabilities thereby ensuring that theyhave the best opportunity to perform to theiroptimum.

Management arrangements

• The effectiveness of assessment processes isregularly reviewed and, where necessary,appropriate action is taken.

• Appropriate monitoring arrangements are inplace and follow-up actions are adopted.



• Mechanisms are in place to collect feedbackfrom all those participating in theappointment process.

• Controls are in place to ensure that appropriateprocesses are adopted and delivered.

Training

• Arrangements are in place to ensure thatappropriate training, including disabilityawareness training, is available anddelivered.

• Arrangements are in place to ensure that allthose participating in an appointmentprocess have the necessary skills and areprovided with appropriate information on theprocess.

• Training is delivered to an appropriatestandard and updated as necessary.

• Training covers the structure of the processand the appointment context, includingcurrent and forthcoming legislation.

• Effectiveness of training is monitored andevaluated and follow-up action is taken on anongoing basis.

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PRINCIPLE5

2.5 Appointments made in an open,accountable and transparent manner

Transparency in the appointment process and the

openness with which candidates are dealt with by

office holders will enhance candidate confidence.

Open and active communication on the process and

the basis for assessment is essential. There should

also be a real commitment to offering meaningful

feedback to candidates who seek it.


Marketing

• Marketing and supporting materials areaccessible to all candidates.

Application process

• All reasonable efforts are made to ensure anapplication process which is accessible to allcandidates.

Documentation

• Documentation and the use of all documentssupport a commitment to offer openfeedback to candidates.

Management arrangements

• Arrangements are in place to ensureeffective candidate communicationthroughout an appointment process.

• Appointment processes are not subject toundue delays, with reasons for any delayrecorded.

Selection process

• The criteria for selection promote theprinciple of equality of opportunity.

• There is an active focus on ensuring thatadverse impact issues are considered andaddressed in advance of recruitmentcampaigns.

• Appointment processes are monitored andevaluated, and positive initiatives areemployed to tackle any matters arising.

• Clear decisions are taken on the approach tobe adopted in any recruitment campaign,and explicit consideration is given toopportunities and/or measures to promote(or remove possible barriers to) equality, aspart of the planning of a selection process.

Selection boards

• Systems are in place to ensure that selectionboards carry out the selection process in anopen and transparent manner.

• Members of selection boards have regard totheir responsibilities under the freedom ofinformation, data protection and employmentequality legislation.

• Members of selection boards are briefed ondisability awareness and equal opportunitypolicy.

Communication

• There is a commitment to open, timely andeffective communication to candidates.

• Enquiries are dealt with in an efficient andtimely manner.

Feedback

• Clear, specific and meaningful feedback isprovided when requested by candidates.

• Effective systems are in place to manage thefeedback function.


GARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES22

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Requests for review

• Requests for review of a selection decisionare dealt with in an efficient and timelymanner and in line with the Codeprocedures.

Complaints alleging a breach of the Codeof Practice

• Allegations of a breach of the Code ofPractice are dealt with in an efficient andtimely manner and in line with the Codeprocedures.

Retention of records

• Appointment processes are fullydocumented at all stages.

• Records/papers are retained for a reasonableperiod of time and only then disposed of inaccordance with the terms of the NationalArchives Act, 1986.

SECTION 3AUDIT OF RECRUITMENTPOLICIES AND PRACTICES

APPOINTMENT TO POSITIONS WHERE THEGARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES

3.1 The legal position

Section 13(1)(c) of the Act provides that theCommission may establish procedures toaudit the recruitment and selection process.

3.2 Application

3.2.1 The objective of the audit process is toensure that recruitment policies,practices and support systems aredesigned and operated in accordancewith the Code of Practice. Audits mayexamine any part of the appointmentprocess and may focus on individualoffice holders. Audits may also becarried out on a thematic basis acrossall office holders. An auditexamination may include a review ofindividual recruitment programmes.

3.2.2 The audit function is a keymechanism enabling the Commissionto safeguard standards. It aims toensure that the core principles set outin the Code of Practice are maintainedand, where relevant, that the officeholder operates the recruitmentlicence in accordance with the termsand conditions set out by theCommission.

3.3 Audit procedures

3.3.1 Office holders must co-operate fullywith all audits undertaken by or onbehalf of the Commission. Audits willbe undertaken in a professional

manner, in a spirit of improvementand with the goal of sharingknowledge and best practice ratherthan focusing solely on compliance.

3.3.2 Advance notice will be given of theintention to carry out an audit. Thiswill provide sufficient time to prepareall necessary documentation andstatistics and will enable the review totake place with the minimum possibledisruption.

3.3.3 Audits will be conducted in anefficient manner and the audit stepswill be set out clearly in advance.

3.3.4 At the conclusion of an audit, thefindings will be discussed with theaudited body before a report issubmitted to the Commission. Thosesubject to audit will also have theopportunity to comment on auditreports in respect of matters of factualaccuracy before such reports arefinalised.

3.3.5 Where an audit identifies shortcomingsin a particular area of recruitment,recruitment policy or recruitmentpractice, recommendations will bemade to address the fault. Theemphasis will be on providingassistance and support.

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3.3.6 When conducting audits, theCommission’s mandate is to ensurethat:• Appointment processes are

operated in accordance with theCode of Practice

• There is no scope for patronage• Office holders’ instructions and

guidance, including (in the case oflicence holders) guidance on theuse of listed recruitment agencies,are consistent with the spirit andletter of the Code of Practice

• All those with responsibility fororganising appointment processesunderstand the Commission’srequirements

• Those serving on selection boardshave either undergone trainingdelivered on a timely basis andappropriate to the specificassessment process deployed orhave sufficient interviewingexperience at an appropriate level

• Those administering selectiontechniques are appropriatelyqualified individuals who havereceived proper training

• Action has been taken to correctany instances uncovered byinternal monitoring where theCode of Practice has not beenfollowed, and any newdevelopments in recruitmentpolicy or practice such as newselection procedures areconsistent with the Code.

3.4 Publication of reports

3.4.1 The Commission will publish a reportof the outcome of each audit on itswebsite: www.cpsa-online.ie TheCommission will also publish anaccount of its audit activity in itsannual report.

SECTION 4RESPONSIBILITY FOR THEAPPLICATION OF THERECRUITMENT PRINCIPLES


4.1 Responsibility for the application ofthe principles

4.1.1 Responsibility and accountability forappointments rest with the GardaCommissioner. To maintain the probityof the appointment system, the GardaCommissioner is responsible to theCommission for ensuring fullcompliance with the terms andconditions of the recruitment licence,this Code of Practice and any otherguidelines issued by the Commission.

4.1.2 The Garda Commissioner may delegateall or part of the task of recruitment tothe Public Appointments Service.Where such a delegation is made, theChief Executive of the PublicAppointments Service, rather than theGarda Commissioner, is responsible, tothe extent of the delegation, foradherence to the terms and conditionsof the recruitment licence, this Code ofPractice and any other guidelinesissued by the Commission.

4.1.3 The Garda Commissioner may seek theassistance of listed recruitmentagencies (details available from theCommission) in respect of some of thetasks connected with selection underthe recruitment licence held.Notwithstanding this, the GardaCommissioner has sole responsibility forthe final selection of candidates forappointment and for placing candidateson a panel for appointment. Where the

assistance of a listed recruitmentagency is procured, it will remain theduty of the Garda Commissioner toensure that that agency complies withthe terms and conditions of therecruitment licence, this Code ofPractice and any other guidelinesissued by the Commission.

4.2 Accounting for recruitment decisions

Those responsible for recruitment and selectionprocesses need to be able to demonstrate thatthey have complied with the Commission’srecruitment principles. Accordingly:• All decisions on the approach adopted

in any appointment process should beclear and evident

• Appointment processes should befully documented and effectivemanagement systems andarrangements (including documentmanagement) should be in place

• Those responsible for recruitmentneed to monitor and evaluate theirprocesses and take positive initiativesto tackle any matters arising

• Records/papers should be managedin accordance with the terms of theNational Archives Act, 1986 (see alsosection 2.5 of this Code)

• Licence holders – and ultimately theCommission – need to be satisfiedthat appointment processes havebeen properly carried out.

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5.1 Canvassing

Candidates should note that canvassing willdisqualify them and will result in theirexclusion from the appointment process.

5.2 Candidates’ obligations

Candidates in the recruitment process must not:• Knowingly or recklessly provide false

information• Canvass any person, with or without

inducements• Interfere with or compromise the

process in any way.

A third party must not personate a candidateat any stage of the process.

5.3 Penalties for failure to comply

5.3.1 Any person who contravenes theabove provisions, or who assistsanother person in contravening theabove provisions, is guilty of anoffence. A person who is found guiltyof an offence is liable to a fine and/orimprisonment.

5.3.2 If a person found guilty of such anoffence was or is a candidate in arecruitment process, then:• Where he/she has not been

appointed to a post, he/she will bedisqualified as a candidate

• Where he/she has been appointedsubsequent to the recruitmentprocess in question, he/she shallforfeit that appointment.

SECTION 5RESPONSIBILITY OF CANDIDATES APPOINTMENT TO POSITIONS WHERE THE


SECTION 6INTERFERENCE WITH THERECRUITMENT PROCESS


Where the Commission is of the opinion that theremay have been interference or attemptedinterference with an appointment process, it mayinvestigate the matter or cause it to be investigatedby a person authorised on its behalf. Accordingly:• The Garda Commissioner has a duty to

inform the Commission of any interference orattempted interference with the process

• Where all or part of a recruitment processcovered by this Code of Practice has beendelegated to the Public AppointmentsService, the Chief Executive of the PublicAppointments Service has a duty toinform the Commission of any interference orattempted interference with the process

• A listed recruitment agency has a duty toinform the Garda Commissioner of anyinterference or attempted interference withthe process

• A person found guilty of an offence is liableto a fine or imprisonment, or both.

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The Commission has a statutory role to establishand set down procedures to address candidates’requests for review and candidates’ complaints inrelation to an appointment process.

There are three distinct procedures andthey are mutually exclusive.

• Section 7 sets out the precise manner inwhich a request for a review of a decisionin respect of those aspects of theappointment process delegated to the PublicAppointments Service by the GardaCommissioner should be made by acandidate as well as the manner in which therequest should be dealt with once made.

Section 7 review procedures apply in caseswhere a candidate is unhappy with an actionor decision in relation to his/her candidatureand wishes to have that decision reviewed, incircumstances where the candidate, whileunhappy with the action or decision, doesnot believe it to have amounted to a breachof the Code of Practice. A section 7 review iscarried out by, or on behalf of, the ChiefExecutive of the Public AppointmentsService. The Commission has no role in areview process conducted under this section.

• Section 8 states the precise manner in whicha request for a review of a decision taken inrelation to those aspects of the appointmentprocess conducted by the GardaCommissioner is to be managed.

Section 8 review procedures apply in caseswhere a candidate is unhappy with an action

or decision taken by the GardaCommissioner in relation to his/hercandidature for appointment and wishes tohave that decision reviewed. A section 8review is carried out by, or on behalf of, theGarda Commissioner. The Commission hasno role in a review process conducted underthis section.

• Section 9 sets out the precise manner inwhich an allegation of a breach of the Codeof Practice should be made by a candidate,as well as the manner in which the complaintshould be dealt with once made.

Section 9 review procedures apply in caseswhere a candidate believes that there hasbeen a breach of the Commission’s Code ofPractice. Allegations of such breachesshould be addressed to the relevant licenceholder (the Garda Commissioner or theChief Executive of the Public AppointmentsService) in the first instance. If a candidate isdissatisfied with the outcome of the licenceholder’s review, the candidate may thenrequest the Commission to undertake anexamination of the alleged breach.

A candidate seeking feedback relating to his/hercandidature should obtain this from the licenceholder in charge of the recruitment process andneed not invoke any of the procedures referred toabove. It is expected that such feedback will bemanaged by the licence holder as an integral partof the appointment process.

Before submitting a request for review, candidatesmust determine which procedure is appropriate in

OVERVIEW OFREVIEW / APPEALSPROCEDURES

APPOINTMENT TO POSITIONS WHERE THEGARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES 29

OVERVIEW OFREVIEW / APPEALSPROCEDURES

their particular circumstances. Licence holders areadvised to satisfy themselves, as far as ispracticable, that the appropriate procedure hasbeen invoked by the complainant when accepting arequest for review.

The review procedures allow for matters to beresolved on an informal basis and the Commissionrecommends that the licence holder, subject to theagreement of the candidate, should endeavourwhere feasible to avail of the informal processbefore making use of the formal review procedures.

It is important to note that where a selectionprocess is reviewed under sections 7 or 8, asappropriate, a complainant may not then seek afurther review in respect of the same matter undersection 9, other than in exceptional circumstances,as may be determined by the Commission in itssole discretion.

Section 7, 8 and 9 review procedures are set out indetail on pages 31 to 39.

30APPOINTMENT TO POSITIONS WHERE THEGARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES

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SECTION 7REVIEW PROCEDURES IN RESPECTOF THOSE ASPECTS OF THERECRUITMENT AND SELECTIONPROCESS DELEGATED BY THEGARDA COMMISSIONER TO THEPUBLIC APPOINTMENTS SERVICE

General information

7.1 The review procedures established and setdown in this section (section 7) apply in caseswhere a candidate wishes to have an action ordecision in relation to his/her candidaturereviewed. The procedures and standards to befollowed by the complainant and the ChiefExecutive of the Public Appointments Servicein the handling of requests for review are setout below.

7.2 As with the recruitment processes themselves,and within reason, fair procedures should beapplied by all bodies dealing with requests forreview made under this section.

7.3 The Commission has no remit to investigatecomplaints from candidates which do notamount to a breach of the Code of Practice.

7.4 It is essential for the Chief Executive to haveeffective systems in place for handlingrequests for review. The Chief Executive mustkeep a full record of all correspondence andany relevant documentation, such as minutesof meetings, records of emails and notes oftelephone conversations, in relation to allcandidates who present for any form ofassessment whether successful or not.

7.5 The Chief Executive should appoint a decisionarbitrator (a person at a senior levelunconnected with the selection process) whowill adjudicate on requests for review in caseswhere a candidate is not satisfied with theoutcome of an initial review. The ChiefExecutive may appoint a suitably qualifiedexternal decision arbitrator if he/she so wishes.

7.6 The review procedure comprises two stages.The first stage involves a review by a personin the Public Appointments Service referred toas the “initial reviewer”. Where a candidateremains dissatisfied following this initial review,he/she may seek to have the conduct of theinitial review examined by a “decisionarbitrator”.

As an alternative to the above, it is open to acandidate to seek to have the matter resolvedon an informal basis, as set out below. If acandidate remains dissatisfied following anysuch discussion it is open to him/her to seeka formal review.

Informal process

7.7 When a request for a review of a selectiondecision is received from a candidate, theCommission recommends that every effortshould be made by the Chief Executive, subjectto the agreement of the candidate, to resolvethe matter on an informal basis before makinguse of the formal review procedures set outbelow. Should the candidate remain dissatisfiedfollowing any such discussion, or not wish tohave the matter dealt with informally, thenhe/she may adopt the formal procedures inaccordance with the process set out below.

7.8 The informal process may be availed of within5 working days of notification of the initialdecision, and should normally take placebetween the candidate and the person whocommunicated the decision (or such otherperson acting on behalf of the Chief Executiveas may be appropriate depending on thecircumstances).


SECTION 7REVIEW PROCEDURES IN RESPECTOF THOSE ASPECTS OF THERECRUITMENT AND SELECTIONPROCESS DELEGATED BY THEGARDA COMMISSIONER TO THEPUBLIC APPOINTMENTS SERVICE

32

7.9 Where the decision being conveyed relates toan interim stage of a selection process, therequest for informal review must be receivedwithin 2 working days of the date of receipt ofthe decision.

7.10 The Chief Executive must carry out theinformal review without delay and within aperiod of time that enables the candidate toavail of the formal review procedures within thespecified timelines should he/she so wish.

7.11 Where a candidate remains dissatisfiedfollowing any such informal discussion, he/shemay adopt the formal procedures set out below.If the candidate wishes the matter to be dealtwith by way of a formal review, he/she must doso within 2 working days of the notification ofthe outcome of the informal review.

Formal process: Initial review

The procedures and standards to be followed by thecomplainant and by the Chief Executive in thehandling of requests for review are set out below.

7.12 The candidate must address his/her concernsin relation to the process in writing to the officeholder, setting out those aspects of the actionor decision in relation to his/her candidaturethat he/she wishes to have reviewed.

7.13 A request for review must be made within 10working days of the notification of the initialdecision. Where the decision relates to aninterim stage of a selection process, the requestfor review must be received within 4 workingdays. This is necessary to ensure that delays inthe recruitment process are avoided.

7.14 Any extension of these time limits will only begranted in the most exceptional ofcircumstances and will be at the solediscretion of the Chief Executive.

7.15 The review procedure:

• Upon receipt of the request for review, theChief Executive should issue anacknowledgement within 3 working days.

• The case should be reviewed by a personother than any individual directly associatedwith the decision in question.

• The person(s) conducting the initial review(the “initial reviewer(s)”) should consider anywritten submissions made by the candidate,and all other relevant information, includingany emails, notes or memoranda held by theChief Executive in respect of the selectionprocess. Where necessary, the initial reviewershould meet with the personnel of the PublicAppointments Service involved in the selectionprocess and/or the candidate for the purposeof eliciting further information. Subject to anystatutory (or other relevant) restrictions ondisclosure, the initial reviewer shall provide thecandidate with any relevant and materialemails, notes or memoranda held by thepersonnel of the Public Appointments Servicein respect of the selection process, on request.

• The outcome must generally be notified to thecandidate within 20 working days of receipt ofthe complaint or request for review. Where theinvestigation does not allow a decision withinthis timeframe, the initial reviewer must keepthe candidate informed of the status of thereview and the reasons for the delay.


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• In communicating the outcome to thecandidate, which will be done by means of awritten report, the initial reviewer shouldindicate that the candidate may seek to havethe outcome of the initial review reviewed byreferring the matter to the decision arbitrator.The initial reviewer must further state that arequest to do so must be made in writingwithin 7 working days of receipt of theoutcome of the initial review.

Review by the decision arbitrator

7.16 Should a candidate be dissatisfied with theoutcome of the initial review, he/she mayrequest a review by a decision arbitrator of theconduct of the initial review.

7.17 The role of the decision arbitrator is to assesswhether the initial review has been carried outin line with proper procedures.

7.18 The decision of the decision arbitrator inrelation to such matters is final.

7.19 A request made to the decision arbitratormust be received within 7 working days of thenotification of the outcome of the initial review.

7.20 The review procedure:

• Upon receipt of the request for review, thedecision arbitrator should issue anacknowledgement within 3 working days.

• The outcome of the investigation must benotified to the candidate in the form of awritten report within 10 working days.

• The decision of the decision arbitrator inrelation to such matters is final. The decisionarbitrator will make his/her decision on thebasis of any written information available inrespect of the matter, or written submissionsmade, and will not generally conductinterviews, although he/she may do so ifwarranted by the particular circumstances ofindividual cases.

7.21 Where a review of a recruitment/selectionprocess has taken place under this section 7,a complainant may not seek a further review ofthe same matter under section 9, other than inthe most exceptional circumstances (whichwill be determined by the Commission in itssole discretion).

SECTION 8REQUESTS FOR REVIEW OFDECISIONS TAKEN IN RELATIONTO THOSE ASPECTS OF THEAPPOINTMENT PROCESSCONDUCTED BY THE GARDACOMMISSIONER

APPOINTMENT TO POSITIONS WHERE THEGARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES34

8.1 The Commission acknowledges that theGarda Commissioner is statutorilyresponsible for the taking of decisionsrelating to the final appointment ofcandidates, as Garda Trainees (Article 5 (2)of An Garda Síochána (Admissions andAppointments) Regulations 1988 refers) andReserve Members (Article 5 (2) of the GardaSíochána (Reserve Members) Regulations2006 refers).Accordingly, the Commission has establishedthe following review procedures which applysolely in the case of such decisions taken bythe Garda Commissioner. The reviewprocedures established will also apply tosuch other appointments under the remit ofthe Commission for Public ServiceAppointments where the GardaCommissioner is or becomes statutorilyresponsible for the taking of decisionsrelating to the final appointment ofcandidates.

8.2 When a complaint is received from acandidate regarding the decision taken bythe Garda Commissioner in relation to his/herappointment as Garda Trainee, theCommission recommends that every effortshould be made by the Garda Commissioner,subject to the agreement of the candidate, toresolve the matter on an informal basisbefore making use of the formal reviewprocedures set out below. Should thecandidate remain dissatisfied following anysuch discussion, then he/she may adopt theformal procedure set out below. The informalprocess may be availed of within 5 workingdays of notification of the initial decision, and

should normally take place between thecandidate and the Garda Commissioner’snominee who communicated the decision, orsuch other nominee of the GardaCommissioner as may be appropriate,depending on the circumstances.

8.3 The review process enables candidates toseek a review of an action or decision takenin relation to the selection process.

8.4 As with the recruitment processesthemselves, fair procedures should beapplied by all bodies dealing withcomplaints and requests for review.

8.5 The Commission has no remit to investigatecomplaints relating to non-selection or non-appointment unless it appears that theselection process has breached a Code ofPractice (see section 9).

8.6 It is essential for the Garda Commissioner tohave effective systems in place for handlingcomplaints. The Garda Commissioner mustkeep a full record of all correspondence andany relevant documentation, such asminutes of meetings, records of emails andnotes of telephone conversations, in relationto all candidates who present for interview orany other form of assessment, whethersuccessful or not.

8.7 Candidates must be made aware that theGarda Commissioner will only deal withrequests for review received within 10working days of the notification of thedecision. Where the decision being conveyed

35


relates to an interim stage of a selectionprocess, the candidate should be informedthat a request for review must be receivedwithin 3 working days. This is necessary toensure that delays in the recruitment processare avoided. Any extension of these timelimits will only be granted in the mostexceptional of circumstances and will be atthe sole discretion of the GardaCommissioner.

8.8 The Garda Commissioner should appoint adecision arbitrator (a person at a senior levelunconnected with the selection process) whowill adjudicate on requests for review incases where a candidate is not satisfied withthe outcome of his/her application. TheGarda Commissioner may appoint anexternal decision arbitrator if he/she sowishes. The recommendation of the decisionarbitrator in relation to any such matter willbe given due consideration by the GardaCommissioner in any review of a decision byhim/her.

8.9 The procedures and standards to befollowed by the decision arbitrator in thehandling of complaints are set out below.

Decision arbitrator

• The candidate’s request for review must bereceived within 10 working days of thenotification of the decision or within 5working days of the outcome of the informalstage if availed of. Any extension of thesetime limits will only be granted in the mostexceptional of circumstances and will be at

the sole discretion of the GardaCommissioner.

• Upon receipt of the request for review, thedecision arbitrator should issue anacknowledgement within 3 working days.

• The decision arbitrator should consider anywritten submissions made by the candidate,and all other relevant information, includingany emails, notes or memoranda held bythe Garda Commissioner in respect of theselection process. Where necessary, thedecision arbitrator should meet with thepersonnel of the Garda Commissionerinvolved in the selection process and/or thecandidate for the purpose of eliciting furtherinformation. Subject to any statutory (or otherrelevant) restrictions on disclosure, thedecision arbitrator shall provide thecandidate with any relevant and materialemails, notes or memoranda held by thepersonnel of the Garda Commissioner inrespect of the selection process, on request.

• The outcome of the investigation mustgenerally be notified to the candidatein the form of a written report within 20working days. Where the investigation doesnot allow a decision within this timeframe,the decision arbitrator must keep thecandidate informed of the status of thereview and the reasons for the delay.

• The decision arbitrator will make arecommendation to the Garda Commissioner,which will be given due consideration by theGarda Commissioner in confirming/rejecting

SECTION 8REQUESTS FOR REVIEW OFDECISIONS TAKEN IN RELATIONTO THOSE ASPECTS OF THEAPPOINTMENT PROCESSCONDUCTED BY THE GARDACOMMISSIONER


the appointment.

8.10 Where a review of the recruitment/selectionprocess has taken place under this section8, a complainant may not seek a furtherreview of the same matter under section 9,other than in the most exceptionalcircumstances (which will be determined bythe Commission in its sole discretion).

36

37


General information

9.1 The review/appeals process enables personsto seek a review by the relevant licence holder(the Garda Commissioner or the ChiefExecutive of the Public Appointments Service)in the first instance, and by the Commissionsubsequently on appeal, when they believethat there was a breach of the Code of Practiceby the licence holder. Allegations of suchbreaches should be addressed in writing,setting out the basis for the complaint beingmade, to the licence holder in the firstinstance. The Commission has no remit toinvestigate complaints relating to non-selectionor non-appointment unless it appearsreasonable to conclude from the informationprovided to it that the selection process mayhave breached the Code of Practice, savewhere the complaint relates to an allegedfailure to conduct a review under section 7, 8or 9 in accordance with the requirements ofsection 7, 8 or 9.

9.2 As with the recruitment processesthemselves, and within reason, fairprocedures should be applied by all bodiesdealing with complaints and requests forreview.

9.3 A complaint in relation to an alleged breachof the Code of Practice will be accepted bythe Commission only when it has beenexamined by the licence holder in the firstinstance and the complainant is dissatisfiedwith the outcome of that examination.

Informal process

9.4 When an allegation of a breach of the Codeof Practice is received from a complainant,the Commission recommends that everyeffort should be made by the licence holder,subject to the agreement of the complainant,to resolve the matter on an informal basisbefore making use of the formal reviewprocedures set out below. Should thecomplainant remain dissatisfied following anysuch discussion, or not wish to have thematter dealt with informally, then he/she mayadopt the formal procedures in accordancewith the process set out below.

9.5 The informal process should normally takeplace between the complainant and theperson acting on behalf of the licence holder.The licence holder must carry out theinformal review without delay.

9.6 Where a complainant remains dissatisfiedfollowing any such informal discussion,he/she may adopt the formal procedures setout below. If the complainant wishes thematter to be dealt with by way of a formalreview, he/she must do so within 2 workingdays of the notification of the outcome of theinformal review.

Formal review by the licence holder

9.7 The standards and procedures to be followedby the complainant and the licence holder inrelation to an allegation of a breach of theCode of Practice are set out below.

SECTION 9REVIEW / APPEALS PROCEDURESIN RELATION TO ALLEGATIONS OFA BREACH OF THE CODE OFPRACTICE


SECTION 9REVIEW / APPEALS PROCEDURESIN RELATION TO ALLEGATIONS OFA BREACH OF THE CODE OFPRACTICE

APPOINTMENT TO POSITIONS WHERE THEGARDA COMMISSIONER HAS STATUTORY RESPONSIBILITIES38

• A complaint in relation to a breach ofthe Code of Practice must be made inwriting to the licence holder withoutdelay. Details of the allegation shouldbe provided in writing, together withany relevant documentation which thecomplainant feels might supporthis/her allegations.

• Upon receipt of the complaint, thelicence holder should issue anacknowledgement within 3 workingdays.

• The complaint should be reviewed bya person other than any individualdirectly associated with theappointment process in question.The person(s) conducting the review(the “reviewer(s)”) will have regard toall information which is material to thecomplaint, including any emails,notes or memoranda prepared bythe personnel of the licence holder,and including also any relevantdocumentation provided by thecomplainant. Where necessary thereviewer will meet with personnel ofthe licence holder relevant to thecomplaint and/or the complainant forthe purpose of eliciting furtherinformation. Subject to any statutory(or other) restrictions on disclosureetc. the reviewer shall provide thecomplainant with any relevant andmaterial emails, notes andmemoranda held by the personnelof the licence holder in respect of theappointment process in question.

• The outcome must generally benotified to the complainant within 20working days of receipt of thecomplaint. Where the investigationdoes not allow a decision within thistimeframe, the complainant must bekept informed of the status of thereview and the reasons for the delay.

• In communicating the outcome to thecomplainant, the licence holdershould indicate that the complainantmay seek a further review by referringthe matter to the Commission by wayof an appeal of the review of thelicence holder. The licence holdermust further state that any suchappeal must be made in writing within10 working days of receipt of theoutcome of the licence holder’s review.

9.8 In order to facilitate the Commission in itsreview of alleged breaches of the Code ofPractice, licence holders must keep a fullrecord of all correspondence and anyrelevant documentation, such as minutes ofmeetings, records of emails and notes oftelephone conversations or meetings, as wellas all documentation provided by thecomplainant in respect of the complaint.

Formal review by the Commission

9.9 The Commission may take whatever action itconsiders necessary where it deems there tohave been a failure, on the balance ofprobabilities, to comply with the Code ofPractice, in accordance with the provisionsof the Public Service Management

39


(Recruitment and Appointments) Act 2004,including the revocation of a recruitmentlicence, where appropriate.

9.10 The procedures and standards to be followedby the Commission in the handling ofcomplaints of alleged breaches of the Codeof Practice are set out below.

• An appeal to the Commission inrelation to an alleged breach of theCode of Practice must be made inwriting within 10 working days ofreceipt of the notification of the decisionof the licence holder. Details of thegrounds of appeal, together with anydocumentation supporting suchgrounds, and any documentationprovided to the licence holder inrespect of the original request forreview, should be provided in writingto the Commission within thistimeframe.

• Acknowledgement of receipt of therequest will be made within 3 workingdays.

• The complaint will be examined by theCommission.

• The outcome will be notified, in theform of a written report, to the partymaking the complaint and the licenceholder within 25 working days. Wherethe investigation does not allow adecision within this timeframe, theCommission will keep both partiesinformed of the status of the reviewand the reasons for the delay.

• The Commission will make its decisionon the basis of any written informationavailable in respect of the matter, oron the basis of any writtensubmissions made to it, and will notgenerally conduct interviews, althoughit may do so if warranted by theparticular circumstances of individualcases.

• The decision of the Commission isfinal.

40

The Minister for Justice, Equality and Law Reform isresponsible for all matters relating to recruitmentincluding eligibility criteria, terms and conditionsand use or knowledge of the Irish language.

SECTION 10MINISTERIAL RESPONSIBILITY APPOINTMENT TO POSITIONS WHERE THE


41


APPENDIX

Definition of terms

In this Code:

The Act means the Public Service Management(Recruitment and Appointments) Act 2004.

Except where the context otherwise requires:

Appointment means appointments under the remitof the Commission for Public Service Appointmentswhere the Garda Commissioner is statutorilyresponsible for the taking of decisions relating tothe final appointment of candidates.

Chief Executive means the Chief Executive of thePublic Appointments Service.

Commission means the Commission for PublicService Appointments.

Garda Commissioner means the Commissioner ofAn Garda Síochána.

Licence holder means a person to whom arecruitment licence has been granted.

Minister means the relevant government ministeras set out in Section 58 of the Act.

Office holder means the head of adepartment/office/body.


This Code of Practice (No. 05/07) amended in 2009 wasprepared by the Commission for Public ServiceAppointments in accordance with the provisions ofSections 23 and 24 of the Public Service Management(Recruitment and Appointments) Act 2004.

The Commission may revoke or amend this Code ofPractice as it sees fit.

It is open to the Commission to take whatever action itdeems necessary where it is of the opinion that there hasbeen failure to comply with the terms of this Code ofPractice.

Published in 2009 by the

Commission for Public Service Appointments

Chapter House, 26-30 Abbey Street Upper, Dublin 1

Tel: (01) 877 9940, Fax: (01) 877 9950

Email: [email protected]

Web: www.cpsa-online.ie

cpsa garda trainee code 0507 en · publishedin2009bythe commissionforpublicserviceappointments...

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