FÁS Annual Report & Financial Statements 2004

The Code of Practice for the Governance of State Bodies, approved by the Government in October 2001, has been adopted by FÁS and steps have been taken to ensure that FÁS complies with the Code in all aspects of its operations.

The purpose of the Data Protection Acts is to protect the privacy of individuals’ personal data which is being processed. The Acts give individuals rights to obtain a copy of all personal data relating to them which is held by the Data Controller. FÁS is a Data Controller and complies fully with the legislation.

In June 2001, the Government issued a Memorandum requiring all State Agencies to report, in their Annual Report, on measures being taken to reduce energy usage, where they have responsibility for new buildings or major refurbishment of buildings and/or in buildings occupied by them.

In the design, planning and construction of Training Centres, Employment Services Offices and Community Training Centres throughout Ireland, FÁS applies best practice principles in all cases. A report on environmental issues in respect of FÁS was commissioned and presented to FÁS in October, 2003. The report was a study to determine the obligations and duties imposed on FÁS to comply with national and EU environmental legislation, directives and policies and to map out suitable policies and best practice for the organisation. The short-term recommendations of the report have been substantially implemented in all Training Centres and active waste management committees have been established and are working.

In accordance with the Ethics in Public Office Act, 1995 and the Standards in Public Office Act, 2001, the Board of FÁS and all FÁS staff members holding designated positions have been requested to complete Statements of Interest in compliance with the provisions of the Acts.

FÁS is committed to a policy of equal opportunity and adopts a positive approach to equality in the organisation. FÁS develops and implements appropriate policies and programmes that address the labour market needs of socially excluded people and incorporates a pro-active equality perspective into all FÁS services and programmes.

FÁS is an equal opportunities employer. To this end, FÁS is committed to ensuring that no staff member of FÁS, or applicant for employment to FÁS, receives less favourable treatment than any other on grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race, membership of the Traveller community or on any other ground not relevant to good employment practice.
FÁS’s continued focus is to develop and encourage an equality culture and attitude within the organisation.

The objective is to ensure that all staff are treated fairly and are provided with equal opportunities for development and career progression. This involves integrating equality into day-to-day performance management and staff development programmes, so that it becomes part of the culture of the organisation and a core management practice – encouraged by all managers and adopted by all staff throughout the organisation.

The provisions of the Freedom of Information Act 1997, which was amended by the Freedom of Information (Amendment) Act 2003, apply to FÁS as and from 21st January, 2001.

The Acts establish three statutory rights:

The Freedom of Information (Amendment) Act, 2003 imposes a mandatory application fee of _15, with a fee of _75 for an internal review and _150 for an appeal to the Information Commissioner, for all non-personal requests. (Reduced fees apply for Medical Card holders). No charges apply for requests for personal information.

By the 31 December, 2005, FÁS had received 293 requests under the FOI Acts, of which 44 were appealed to internal review and 12 cases were appealed to the Information Commissioner. Of these 12 cases, 6 FÁS decisions were upheld, one was upheld but modified, three were withdrawn by the requesters and two were closed by the Information Commissioner.
FÁS also publishes and maintains the required manuals under Section 15 and 16 of the Act.

FÁS Annual Reports, Financial Statements and other relevant documents are published simultaneously in both official languages, in compliance with the general provisions of the Act.

The Board of FÁS has overall responsibility for the organisation’s compliance with the Prompt Payment of Accounts Act, 1997. The European Communities (Late Payment in Commercial Transactions Regulations, 2002) introduced significant amendments to the Prompt Payment requirement as contained in the Act. The Board has delegated this responsibility to management. The system of internal control incorporates such controls and procedures that are considered necessary to ensure compliance with the Act. The organisation’s system of internal control includes accounting and computer controls designed to ensure the identification of invoices and contracts for payment within the prescribed payment dates. These controls are designed to provide reasonable, though not absolute, assurance against non-compliance with the Act. The Board is satisfied that FÁS complied with the provisions of the Act in all material respects.

The Safety, Health and Welfare at Work Act 1989 was repealed by the Safety, Health and Welfare at Work Act 2005.

FÁS recognises and accepts its statutory responsibilities under the Health, Safety and Welfare at Work Act, 2005 and all regulations existing under this Act. Our objective is to provide a safe and healthy training and work environment for all staff and clients and to meet our responsibilities to other persons, including members of the public who may be affected by our operations. FÁS management co-ordinates and ensures the implementation of its Safety Policy throughout the organisation. At individual locations, management and Safety Committees ensure that FÁS operations comply with this policy.

Corporate safety declarations and safety statements are posted in all FÁS locations and both staff and trainees are briefed, monitored and trained to ensure that all work and training practices are exemplary from a health and safety point of view.

The Labour Services Act, 1987 provides for the election of two FÁS employees as members of the Board of FÁS. The Board has a five-year term and elections were held in November 2005 in accordance with the legislation. Two staff members were appointed to the new Board, which took office in January 2006.

In line with the Worker Participation (State Enterprises) Act 1988, Sub-Board consultative structures are operating in FÁS and are a recognised feature of the organisation’s communication and consultative structures.