Dáil Éireann Debate, Wednesday - 30 January 2013
189. Deputy Thomas P. Broughan asked the Minister for Health if he will confirm that the EU Working Time Directive, 2008/33/EC, is being implemented in relation to junior doctors in all hospitals here ; if he will also review the conditions within which junior doctors are currently training and working; and if he will make a statement on the matter. [4702/13]
View answer196. Deputy Finian McGrath asked the Minister for Health his views on correspondence regarding junior doctors (details supplied); and if he will make a statement on the matter. [4786/13]
View answerI propose to take Questions Nos. 189 and 196 together.
S.I. No. 494 of 2004 European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004, which transposed the EU Working Time Directive for doctors in training (junior doctors), provides for:
- A maximum 48 hour average working week;
- A 30 minute rest break every 6 hours during period on-site on-call;
- 11 hours rest every 24 hours or equivalent compensatory rest before return to work; and
- 35 hours continuous rest per week or twice a fortnight or 59 hours continuous rest per fortnight.
The 2010 Contract of Employment for junior doctors reflects these provisions. The contract also provides that junior doctors shall not be required to work more than 24 consecutive hours on-site. A related agreement between the HSE and the Irish Medical Organisation provides that the contract is subject to the requirements of the Directive.
The Government is committed to achieving compliance with the European Working Time Directive in respect of junior doctors by 2014 and I have emphasised to the HSE the high priority the Government and I attach to this issue. While there has been a significant reduction in the weekly hours worked by junior doctors in recent years, typically they continue to work approximately 55 hours per week. Further work is therefore required to achieve compliance with the requirements of the Directive.
In January 2012, a detailed plan for the achievement of compliance by junior doctors with the Working Time Directive was submitted to the EU Commission. The plan affirmed Ireland's commitment to achieving compliance with the Directive over a three-year time period. It committed to implementing the measures necessary, including: new work patterns for medical staff, transfer of work undertaken by junior doctors to other grades, and the organisation of hospital services to support compliance. The Health Service Executive’s Service Plan for 2013 specifically recognises the need to address the issue as a priority, stating that there will be a particular focus in the acute hospital service on the achievement of compliance with the European Working Time Directive amongst the junior doctor workforce, in line with the Implementation Plan submitted to the Commission. The HSE is currently finalising its National Operational Plan to support the implementation of the National Service Plan 2013. This will specify in greater detail the actions to be taken during the year in relation to EWTD compliance. A key priority for the HSE in 2013 will be a further reduction of average weekly hours worked and also a reduction in the duration of shifts undertaken.
