Public Service Management Act 2004

The Public Service Management (Recruitment and Appointments) Act 2004 provides the regulatory framework for fair, transparent and merit-based recruitment and selection in the Irish public service. It replaced the Civil Service Commissioners Act 1954 and abolished the Civil Service Commission.

The Act sets out the rules for recruitment and obliges public bodies to uphold the Code of Practice when making an appointment. If an appointment is required to be made under the Act, a selection process must be carried out. That process must:

Be fair, transparent and merit-based
Adhere to the Code of Practice
Contain the review and appeal mechanisms set out in the Code of Practice
Be carried out by a body that has been given a recruitment licence if the appointment is being made through external recruitment

The Act applies to the following civil and public service positions:

The Civil Service
An Garda Síochána – to sergeant and inspector level
Local authority positions to which the Local Authorities Act 1926 applies, such as technical and professional posts
The HSE
Public bodies where the appointment must be made under the Act

The Act does not apply to appointments to:

The private sector
Public bodies where the selection does not need to be made under the Act
Positions set up under the Constitution
Office-holder positions, such as Ministers of Government and of State, Attorney General and Ombudsman
Presidential and government roles
Officer of the Houses of the Oireachtas
Special advisers
Some temporary positions made in the public interest
Positions designated as scheduled occupations under the Act, such as service officers, watchmen and cleaners

Obligations under the Act

If an appointment is to be made under the Act, there must be a selection process that:

Is fair, transparent and merit-based
Adheres to the Code of Practice
Contains the review and appeal mechanisms set out in the Code of Practice
Is carried out by a body that has been given a recruitment licence if the appointment is being made through external recruitment

Check if the Act applies to a position

You can find out if an appointment is subject to the Act by checking the public body’s governing legislation at www.irishstatutebook.ie

If it says appointments are to be made under the Act, or that employees will be civil servants, they are subject to our Code of Practice and oversight.

If the public body was set up before 2004, it may say appointments must be in line with the Civil Service Act 1956. These appointments are also subject to our Code and oversight.

However, if the legislation does not say appointments are to be made under the Act or that the employees are civil servants, they do not fall under our Code and oversight.

In some cases, the legislation of a public body may specify that some appointments are subject to the Act, while others are not. Contact us if you are not sure.