Seanad Éireann debate -
Wednesday, 10 Jul 1996

Vol. 148 No. 12

Adjournment Matters. - Environmental Health Officers' Work to Rule.

Mr. Daly

I express my appreciation to the Cathaoirleach for affording me the opportunity to raise this matter. Senator Townsend was also keen to raise this issue because he has experienced some of the problems arising from this dispute in his locality. I propose to share time with Senator Finneran. I thank the Minister for Health for coming to reply to this debate.

The Minister is aware that there are ongoing problems regarding environmental health officers. Their dispute was sent to arbitration and the matter was heard by the Labour Relations Commission. I understand that agreement was almost reached some time ago. To the best of my knowledge, last Friday's talks did not result in a settlement of the dispute. The environmental health officers believe that their pay and conditions are out of line with the position that existed heretofore. They also claim that the new and demanding work resulting from the introduction of new legislation has forced them to demand improved conditions and a wage increase.

I do not want to enter into a discussion regarding the details of the ongoing negotiations. However, I urge the Minister to use his good offices to encourage the parties involved to find a way to resolve this matter. I am aware that a facilitator from the Labour Relations Commission has already had discussions with both sides. The Minister intervened to endeavour to bring the parties together. However, the dispute has not been resolved and the work to rule which has been in operation since 1 January has held up the registration of many new premises and developments. It is detrimental to the owners of new premises who are waiting to receive registration certification.

A home for elderly people in Kilrush could not be occupied for several weeks because of the dispute, but thankfully that situation has been resolved. A number of hoteliers and guest house owners who depend on the tourism season await certification by the environmental health officers. Because certification is not available, they cannot open their businesses. The Minister will be aware that the tourism season is in full swing. People who have expended substantial sums in tourism developments will be seriously disadvantaged as they cannot open because of the lack of certification.

Is there a mechanism which the Minister can use to bring the parties together? Will he again intervene as I understand there has been some progress in the discussions? Is there any way in which he could use his good offices to bring about a resumption of talks to resolve the dispute which would enable the premises about which I am concerned and which depend on the tourism season to be opened as soon as possible?

Mr. Finneran

I thank Senator Daly for sharing his time. On the Order of Business I spoke about ambulance personnel who are in the same situation. I am sure the Leader of the House will relay my concerns to the Minister. Earlier this year nurses raised their concerns. This is a serious issue because it is having an adverse effect on those who invested a lot of money in tourism opportunities.

Environmental health officers have a genuine case because the Houses of the Oireachtas have enacted legislation which has added to their workload. If this work to rule continues, it will have an adverse affect on guest houses, hotels and so on. An understanding should be reached so that the work to rule can end and meaningful negotiations can take place. We have a responsibility in this regard.

The Minister cannot intervene in every dispute and there are structures in place which have been laid down by the Oireachtas and agreed with the trade unions. In circumstances where the public and the economy is being affected, we should try to progress the situation. The appointment of an arbitrator acceptable to both sides and the suspension of the work to rule would be welcome. I thank Senator Daly for raising this matter on the Adjournment. I hope moves will be made to suspend the work to rule, which would allow premises to be certified and which would bring an end to the dispute between the Department and the environmental health officers.

Minister for Health (Mr. Noonan,

Limerick East): I thank Senator Daly and Senator Finneran for raising this matter. The environmental health officers work to rule involves non cooperation with and non implementation of legislation pertaining to a broad range of environmental health issues, including the granting of hygiene licences for commercial premises. A pay claim submitted by IMPACT on behalf of the environmental health officers for a salary revision was processed through the standard industrial relations procedures and was the subject of two hearings by a board under the scheme for a national joint council and arbitration board for local government and health services. The arbitration board rejected the basis on which the claim was made. Management and staff interests had opted to refer the matter to arbitration. By convention, the decisions of the arbitration board are accepted by both sides. However, IMPACT on behalf of the environmental health officers rejected the arbitration report and commenced industrial action in spring 1995.

The industrial action was eventually suspended following agreement to process the claim under Clause 2 (iii), Annex 1, of the Programme for Competitiveness and Work. In these negotiations, management tabled an offer which was rejected by the staff as it failed to be meet their aspiration as set out their original pay claim which far exceeded the terms of the Programme for Competitiveness and Work. IMPACT, on behalf of the environmental health officers, withdrew from negotiations and opted to recommence the work to rule with effect from 15 January 1996.

A meeting was held on Tuesday, 25 June 1996 between management and union under the auspices of the local government staff negotiations board. On Wednesday, 26 June 1996 I met IMPACT and a delegation of environmental health officers to explore whether the provisions of the joint Government ICTU statement of 15 May 1996 could usefully be applied to resolving the current impasse in the negotiations. I am pleased to advise the House that the meeting was of considerable assistance to both sides who are currently considering the many issues raised. As Minister for Health, I hope direct negotiations will be resumed in the near future.