Public Service Management (Recruitment and Appointments) Act 2004

Functions of Commission.

13.—(1) The functions of the Commission are as follows:

(a) to establish standards of probity, merit, equity and fairness, and other principles as they consider appropriate, to be followed, in the public interest, in the recruitment and selection of persons for positions in the Civil Service and other public service bodies;

(b) to publish as codes of practice—

(i) standards referred to in paragraph (a) in accordance with section 23 ;

(ii) standards on the selection procedures for promotion under Part 6;

(iii) procedures to which section 23 (3) relates;

and any such code may include all or any of the matters referred to in subparagraphs (i), (ii) and (iii) and may, from time to time, be amended or replaced;

(c) to meet on a regular basis, agree and establish procedures which it deems appropriate and which permit it to decide and carry out its functions effectively, including systems to monitor, audit and evaluate the recruitment and selection process;

(d) to grant licences under section 43 , to amend such licences under section 51 and, where the Commission considers it appropriate in the circumstances, to revoke such licences under section 52 ;

(e) to issue instructions under section 48 ;

(f) to issue advices under section 49 ;

(g) to establish and set down appropriate appeal procedures to allow it to consider and decide issues in relation to licences, codes of practice and related matters put forward by the Public Appointments Service and other licence holders and to make those procedures available to the Public Appointments Service and other licence holders;

(h) to report to the Oireachtas annually in accordance with section 19 ;

(i) to report to Government at any time as the Commission see fit;

(j) to provide such information to the Minister or other relevant Minister as that Minister may request from time to time on the operation of the recruitment and selection process;

(k) to perform any additional functions assigned to it under subsection (3);

(l) otherwise, to carry out its powers and duties under this Act.

(2) (a) Subject to this Act, the Commission is independent in the exercise of its functions.

(b) In exercising its functions under this Act, the Commission shall be guided by the principles of good recruitment practice.

(3) The Minister may by order—

(a) confer on the Commission such additional functions relating to either or both—

(i) the recruitment and selection process, and

(ii) the selection and promotion procedures,

that are connected with the functions conferred on the Commission by subsection (1) or an order made under this subsection, as the Minister considers appropriate,

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Commission of functions so conferred.

(4) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(5) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which the House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.