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Dáil Éireann debate -
Thursday, 7 May 1998

Vol. 490 No. 6

Adjournment Debate. - Day Care Nurseries Industrial Action.

I thank the Chair for affording me the opportunity of raising this important issue. The impending industrial action, the withdrawal of labour earmarked for 27 May, has regrettably been found necessary given the failure of the Eastern Health Board to implement the recommendations of the Labour Court. Up to 100 employees working in 20 affiliated day care centres located mainly in Dublin city are affected.

Each centre is staffed by a manager and up to five pre-school child care workers or assistants. The Eastern Health Board is the main funding agency, providing up to 90 per cent of expenditure in each centre. The centres are situated in socially deprived or underprivileged areas and cater for the needs of children deemed to be at risk, the majority of whom are in the age group of two and a half to five years and are referred through specialists, referral groups, social workers, public health nurses, speech therapists and other professionals involved in child care. The criteria for referral include suspected child abuse and drug abuse by either parent. It has been acknowledged by all that these centres have been hugely successful and enabled children to grow in confidence and lead a normal life.

Ministers have paid lip service to the need for proper child care facilities. They should recognise the achievements and role played by the staff of these centres by paying them a proper rate for the job they are doing. They have not secured a pay increase in ten years. In negotiations they have failed to secure the support of the Minister for Finance and the Eastern Health Board. Any other group would justifiably have gone on strike years ago. How many other groups have gone ten years without a salary increase? Is it any wonder that the morale of the staff is low, although they realise the invaluable service they provide for the children, families and communities with which they work.

The Minister has a responsibility to ensure, by whatever means necessary, the implementation of the meagre recommendations of the Labour Court. I do not want him to wash his hands of the matter like Pontius Pilate and transfer responsibility to the Eastern Health Board. That will not help to resolve the issue. In relation to nursery care workers, the Labour Court recommended that, from 1 January 1997, claimants in this grade be paid the same as the early start workers, i.e. grade 2 and assimilation to grade 3 when it is applicable. The IPC report suggests that nursery managers be paid two grades above the nursery care workers. The Labour Court went on to say it was not fully satisfied with these recommendations because they were not strong enough.

We must come to an agreement with these people before 27 May. They are doing a fantastic job but they are being left behind. Let us not pass the buck. The Department and the Eastern Health Board should come to an agreement with these people who justifiably deserve an increase. The money was found for many other matters and we, as politicians, should see that the money is found for this increase also.

Health boards make a contribution under section 65 of the Health Act, 1953, to a wide variety of organisations. Examples of the type of organisations supported in this way include bodies such as the rape crisis centres, the Irish Wheelchair Association, the "meals on wheels" service and a range of other bodies is the general welfare area including local organisations staffed by volunteers.

Under this Act health boards make contributions to certain pre school services which cater for children who are regarded as being at risk or disadvantaged. This function is in keeping with the board's overall responsibilities in regard to the promotion of the welfare of children and provision of family support services under the Child Care Act, 1991.

Specifically, the Eastern Health Board as part of its child care services makes a contribution via the section 65 mechanism to day care nurseries in the region.

These nurseries operate autonomously and are independent of the board in relation to their day-to-day operation. The employees of organisations in receipt of section 65 grants from health boards are not employees of the board and, accordingly, the health board does not directly determine their terms and conditions of employment.

In matters of recruitment, pay rates and conditions of employment, the arrangements agreed between employer and employee are not subject to control by the local health board or my Department.

Labour Court recommendation No. 15671 refers to the pay of 20 day nursery managers and 100 other staff who are employed in approximately 100 day care centres in the greater Dublin area and, therefore, relates to the Eastern Health Board area specifically. The recommendation makes provision for the revision of salary for these staff in line with the Department of Education's "Early Start" programme, as the Deputy already mentioned.

I understand that implementation of the award has been the subject of ongoing discussions between the Management of the Nurseries, the Eastern Health Board, the Health Service Employers' Agency and the trade union lMPACT. lt. is a matter for health boards to determine specific funding arrangements for voluntary agencies supported via the section 65 mechanism.

The implementation of the award is a matter for the management of the day nurseries as the direct employer, in consultation with the health board about funding and service levels. The board has to consider the implications of claims such as this in the context of its overall funding of child care services within the board.

In that context the board made a proposal to the staff side in relation to the phased implementation of the award. This proposal has been rejected by the staff side who have now served strike notice.

Children who attend these nurseries are referred by the social work and public health nursing services of the board, industrial action will most likely have the effect of closing day nurseries so they will have to remain with their parents or carers. I understand, given the voluntary nature of the committees managing the nurseries, that they would not be in a position to put in place alternative arrangements for the continued operation of the day nurseries during any industrial action.

I emphasise that in an attempt to indicate a willingness to negotiate a realistic settlement, the management side has tabled a proposal. Apart from the considerations of the effects of this disruption and the public concern it will generate, any dispute undermines relationships between the workforce and their employers. In that context, I hope to persuade the union to defer its threatened action and to return to discussions with the board and the health service employers agency with a view to finding some resolution in the context of the Labour Court recommendations already issued.

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