A group representing senior civil servants has warned that they must be protected from “aggressive or bullying behaviour, contrary to fair procedure and natural justice” when they give evidence to the special Oireachtas committee on Covid-19, which begins hearings today.
The Senior Civil Service Association, which represents officials at the highest grades and includes most assistant secretaries and deputy secretaries of government departments among its membership, has written to the head of every department in the civil service asking that they take steps to protect its members from what they fear could be unfair treatment by politicians on the committee.
The group has also written to Ceann Comhairle of the Dáil Seán Ó Fearghaíl about its fears.
In the letter, sent yesterday, the group warned that its members must have their “rights to constitutional and natural justice fully represented” in the hearings held by the committee.
It cites the case taken by former Rehab chief executive Angela Kerins, when the Supreme Court found that her rights had been illegally infringed by an Oireachtas committee because of her treatment during the committee hearings.
In the light of the Kerins judgment, the senior civil servants say, there is now a need to ensure that the rights of its members are protected before they give evidence at the committee.
“It is an appropriate time to revisit the conduct of hearings by Oireachtas committees established following this year’s general election,” the letter says.
“Senior civil servants are now, by virtue of the jobs they hold, being asked to attend at Oireachtas committees in a situation where there is a need to ensure fair procedure and appropriate redress mechanisms. No matter what redress might be offered after appearing before a committee, damage that may be done cannot be undone.
“It is important therefore, in the light of the matters which have been before the courts, that there are rules and procedures to protect and vindicate the rights of witnesses.”
Duty of care
The letter reminds their bosses – the secretaries general – that they have a “duty of care to the officials of your department/organisation. We would be grateful therefore if you could advise us as to what steps you are taking to ensure the protection of the rights of your officials to fair procedure when invited to attend as witnesses before Oireachtas committees.”
The officials say they have particular concerns about:
– adequate time to prepare;
– adequate notice of the issues to be raised;
– that they should not be asked questions beyond the scope of the committee’s remit;
– that they should not be “subjected to aggressive or bullying behaviour, contrary to fair procedure and natural justice”;
– that they should not be “asked to disagree or imply disagreement with Government policy, if civil servants, as this is contrary to the law”;
– that they should be given “an adequate opportunity to answer questions put to them”;
– that they should be given adequate breaks and not asked to attend for unreasonably prolonged periods;
– that witnesses should be reminded of the duty of the chairperson of the committee to ensure fair procedures are observed.
They stress they are prepared to assist all Oireachtas committees in their work but that clear protections for witnesses are needed in the light of the Kerins case.
