Wednesday, 20 September 2017

Questions (382)

Joan Burton


382. Deputy Joan Burton asked the Minister for Health if his attention has been drawn to the concerns of agencies funded under section 39 of the Health Act 2004 concerning pay restoration; if his attention has been further drawn to the fact that agencies which were required to align their staff pay to HSE salary scales over many years and were instructed to reduce pay in accordance with FEMPI have now been informed that their staff are not entitled to any pay restoration as FEMPI is unwound in the public service; if this reflects his own position on the matter; if so, the way in which he justifies it; the number of agencies, the number of staff and the amount of pay involved; and if he will make a statement on the matter. [39135/17]

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Written answers (Question to Health)

Under section 39 of the Health Act 2004, the HSE has in place Service Level Agreements with voluntary providers which set out the level of service to be provided for the grant to the individual organisation. Any individuals employed by these section 39 organisations are not HSE employees, therefore neither the HSE nor the Minister have a role in determining the salaries or other terms and conditions applying to these staff.

The staff of these Section 39 organisations are not public servants and therefore were not subject to the FEMPI legislation which imposed pay reductions. It follows then that the staff of the section 39 bodies will not be eligible for any pay restoration which is provided for under the more recent Public Service Agreements. It is a matter for Section 39 organisations to negotiate salaries with their staff as part of their employment relationship and within the overall funding available for the delivery of agreed services.

The Deputy's query in relation to the number of section 39 agencies involved has been referred to the HSE for direct reply. For the reasons outlined above, information in relation to the number of staff and the amount of pay involved is not available.