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Dáil Éireann debate -
Tuesday, 16 Dec 2003

Vol. 577 No. 3

Written Answers. - EU Directives.

Denis Naughten

Question:

423 Mr. Naughten asked the Minister for Health and Children the additional specific funding allocated to each health board to meet the EWTD; and if he will make a statement on the matter. [30747/03]

Denis Naughten

Question:

424 Mr. Naughten asked the Minister for Health and Children the specific measures being implemented by each health board to meet the EWTD; the measures proposed; and if he will make a statement on the matter. [30748/03]

Denis Naughten

Question:

458 Mr. Naughten asked the Minister for Health and Children the action he intends to take to ensure that all acute hospitals are compliant with the EWTD as and from 1 August 2004; the specific funding allocated to each health board to comply with the directive; and if he will make a statement on the matter. [31141/03]

Denis Naughten

Question:

459 Mr. Naughten asked the Minister for Health and Children the allocation of funding set aside within his Department to pay the penalties due to the EU as and from 1 August 2004 for non-compliance with the EWTD; and if he will make a statement on the matter. [31142/03]

I propose to take Questions Nos. 423, 424, 458 and Question No. 459, together.

As the Deputy is aware, Ireland is legally obliged to begin applying the conditions stipulated in the European working time directive to doctors in training from 1 August 2004, and I am anxious not to avoid or postpone application of these employment rights. Discussions with the Irish Medical Organisation in relation to the implementation of the directive as it relates to doctors in training are set to re-convene in the labour relations commission on 17 December 2003.

The report of the national taskforce on medical staffing, Hanly report, specifies a number of national initiatives which, when combined with appropriate local action, provide the capacity to deliver on the requirements of the European working time directive in relation to the reduction of working hours of non-consultant hospital doctors, NCHDs, by 1 August 2004. These initiatives are as follows: Reduction of tiered on-call by different grades of NCHD; introduction of cross-cover arrangements; new NCHD working patterns; rostering of hospital medical staff; changes in skill-mix and practice for other grades of hospital staff.
The Hanly report also recommends review of a range of work patterns, accurate recording of information and centralised rostering by each health agency; and at a national level, regulation by a single national agency of all hospital medical posts, subject to independent approval of training posts based on training criteria. Other steps recommended to reduce the working week as required include the establishment of a national industrial relations process group to implement the task force's proposals on tiered on-call, cross-cover and other relevant issues and to monitor progress in relation to the reduction in NCHD hours, and the immediate establishment of a working group in each hospital to work with the national industrial relations group and to progress measures proposed by the task force for the reduction of NCHD hours at local level. These groups should include appropriate hospital managers, consultants, NCHDs, nurses and other relevant health care professionals. Arrangements for the establishment of these groups will be on the agenda for discussion with the Irish medical organisation at the meeting on 17 December.
No additional funding is being allocated to health agencies for the implementation of the European working time directive. As the working week for NCHDs will be reduced from the current average of 77 hours to 58 hours as required under the directive, this should result in significant financial flexibility in the implementation of the necessary measures.
The possibility of penalties for any instance of non-compliance with the terms of the EWTD will, in the first instance, be levied on health employers for non-compliance with Irish law rather than on the State by the European Union. In this context, I have not set specific funds aside within my Department or on behalf of the health agencies to pay such penalties should they arise. I am confident that, with the assistance and co-operation of the relevant stakeholders compliance with the requirements of the EWTD before 1 August 2004 can be achieved.
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