Dáil Éireann Debate, Wednesday - 15 November 2017
36. Deputy Louise O'Reilly asked the Minister for Health the position regarding the possibility of a strike by workers in section 39 agencies; the steps that he has taken to address the underlying issues which may lead to a strike; his plans to unwind the FEMPI cuts imposed on section 39 agencies; and if he will make a statement on the matter. [48113/17]
View answer83. Deputy Billy Kelleher asked the Minister for Health the action he will take to alleviate the difficulties being experienced by section 39 organisations; and if he will make a statement on the matter. [48185/17]
View answerI propose to take Questions Nos. 36 and 83 together.
I am advised that notice of industrial action has not been served on any Section 39 employer. In any event, as the HSE is not the employer, the Executive would not have a direct role in any such industrial action. I understand that a number of Section 39 agencies have been before the Workplace Relations Commission and some have or are currently in the process of going to the Labour Court. The HSE is not party to any such proceedings.
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 my Department has 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 associated with the unwinding of this legislation and 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.
As I understand it, pay cuts were imposed on Section 39 employees but it is not clear that these cuts were applied in a universally consistent manner across all the Section 39 agencies. It is also important to recognise that this group of organisations within the health sector is just one element of a larger complex issue which could have significant cost implications for the Exchequer across the public services as a whole.
In this regard, I have had discussions with my colleague Minister Donohoe and will continue to engage with him on this matter.
