Dáil Éireann Debate, Tuesday - 9 November 2021
485. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth his views on the pay restoration issue faced by social care workers (details supplied); and if he will make a statement on the matter. [54233/21]
View answer486. Deputy Violet-Anne Wynne asked the Minister for Children, Equality, Disability, Integration and Youth when his Department will commit to allocate funding to Tusla to enable similar pay restoration for section 56 part-funded agencies such as an agency (details supplied) given that a precedent has already been set with HSE section 39 pay restoration. [54234/21]
View answerI propose to take Questions Nos. 485 and 486 together.
Under section 56 of the Child and Family Agency Act 2013, Tusla may enter arrangements with organisations to provide child and family services or services associated with the care and protection of victims of DSGBV. Section 59 of the Act provides for similar arrangements through a grant or contribution in kind to non-profit organisations for services supplemental to those provided by the Agency. Such services are commissioned under a formal Service Level Agreement and assist Tusla to fulfil its statutory responsibilities and deliver on the Agency's strategic objectives.
Each organisation funded under these arrangements operate independently of Tusla. Each is responsible for the recruitment of employees, including Social Care Workers, and the terms and conditions under which individuals are employed. Section 56(14) of the Act of 2013 stipulates that ‘an arrangement under this section shall not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other’.
Prior to the establishment of Tusla in 2014 some of the organisations now funded under section 56 were funded by the HSE under section 39 of the Health Act 2004. In October 2018 the Workplace Relations Commission (WRC) reached agreement between the Department of Health and HSE and trade unions representing staff in certain section 39 organisations. Pay restoration in relation to organisations funded through section 39 was applied to organisations who met certain specific criteria. The criteria related to the organisations rather than types of individual workers that are employed in them. The criteria included only organisations who received in excess of an agreed, specified amount from the HSE by way of the Service Level Agreement process. Pay restoration was limited and solely applicable to those organisations included in the initial WRC agreement. This process has reached a final resolution and there is no scope to revisit eligibility criteria.
I am committed to working with colleagues in Government, Tusla and other service delivery partners to address the sustainability of voluntary organisations and ensure that we meet the needs of children, young people and their families across Ireland. I greatly appreciate the tremendous contribution made by the Community and Voluntary sector in supporting Tusla to deliver on its challenging mandate.
