Dáil Éireann Debate, Tuesday - 4 October 2022
493. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth the reason that section 56 organisations were excluded from pay restoration (details supplied); and if he will make a statement on the matter. [48570/22]
View answer494. Deputy Fergus O'Dowd asked the Minister for Children, Equality, Disability, Integration and Youth the reason that Section 38 organisations were excluded from public sector pay agreements and pay restoration when re-designated Section 56 organisations (details supplied); and if he will make a statement on the matter. [48571/22]
View answerI propose to take Questions Nos. 493 and 494 together.
Section 56(14) of the Child and Family Agency Act 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'. Therefore, Section 56 agencies are ultimately responsible for the recruitment of their own employees, their remuneration and the terms and conditions of their employment.
I understand that an exception to the above arrangement is the matter of a limited number of Section 56 agencies who were previously Section 38 agencies and who employ a number of staff members with an entitlement to public sector pensions. I understand Tusla is aware of this issue and is carrying out a comprehensive assessment of the case for the small cohort of employees involved, and that Tusla is in discussion with the organisations concerned.
