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HSE Staffing

Dáil Éireann Debate, Wednesday - 6 March 2013

Wednesday, 6 March 2013

Questions (221)

Catherine Murphy

Question:

221. Deputy Catherine Murphy asked the Minister for Health the way in which the Working Time Directive 2003/88/EC of the EU is applied to non-consultant hospital doctors, to specialist hospital consultants, to allied health professionals based in hospitals and to nursing staff in hospitals; and if he will make a statement on the matter. [11780/13]

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Written answers

The Government is committed to achieving compliance with the European Working Time Directive, and related Irish legislation in respect of non-consultant hospital doctors by 2014. I have emphasised to the Health Service Executive the high priority the Government and I attach to this issue.

The HSE's National Service Plan 2013 states that there will be a particular focus in the acute hospital service on the achievement of compliance with the Directive amongst the non-consultant hospital doctor workforce. National Standards for reducing non-consultant hospital doctors hours have been issued to hospital managers and clinical directors. These specify a series of compliance targets and timescales and will be used to assess progress on a site by site basis, The HSE has also recently established a national group chaired by a senior executive to bring a clear and urgent focus to implementation of the Directive, assessment of performance and site by site accountability for change. The hours of other healthcare workers are in compliance with the Directive.

The Organisation of Working Time Act, 1997 provided for implementation of the 1993 Working Time Directive in respect of most workers, including healthcare workers. Non-Consultant hospital doctors however had been excluded from this Directive and consequently they were excluded from Part II of the Act, which provides for minimum rest periods, a maximum working week of 48 hours averaged over a reference period, and other matters relating to working time.

Directive 2003/88/EC consolidated Directive 93/104/EC and Directive 2000/34/EC. The latter Directive had reversed the exclusion of non-consultant hospital doctors, and provided for a phased reduction of their maximum average weekly working hours, with full compliance to be achieved by August 2009. The European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004 transposed the EU Working Time Directive for non-consultant hospital doctors in Ireland. It provided for:

- the phased reduction in the average working week to 48 hours;

- 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 consolidating 2003 Directive recognises that certain activities may require continuity of service and allows for the provision of compensatory rest where this arises, subject to the workers concerned being afforded appropriate protection. It specifically identifies doctors in training as a relevant category. In 2010, the 2004 transposing Regulations were amended to specifically recognise collective agreements permitted under the Directive between the two sides of industry, such as that reached between the HSE and the IMO which provides for non-consultant hospital doctors working for 24 hours, subject to compensatory rest being granted.

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