Dáil Éireann Debate, Thursday - 5 October 2023
175. Deputy Richard Boyd Barrett asked the Minister for Transport if a transfer of undertakings protection of employment rights (TUPE) will apply to all Irish Coast Guard staff as regards the transfer from VHC Ireland to Bristow following the new tender being awarded; and if he will make a statement on the matter. [43226/23]
View answer176. Deputy Richard Boyd Barrett asked the Minister for Transport further to Parliamentary Question Nos. 336, 337 and 338 of 11 September 2023 where it was stated that Bristow Ireland supports the principles of TUPE in relation to the transfer of the Irish Coast Guard staff, to outline in detail what these principles that Bristow supports are; and if he will make a statement on the matter. [43227/23]
View answer177. Deputy Richard Boyd Barrett asked the Minister for Transport whether Irish Coast Guard workers can be allowed access to the search and rescue tender document recently awarded to Bristow under FOI or by any other means; and if he will make a statement on the matter. [43228/23]
View answer178. Deputy Richard Boyd Barrett asked the Minister for Transport whether the tender documents for the new contract for the Irish Coast Guard recently awarded to Bristow referenced TUPE and to provide the details of this reference; and if he will make a statement on the matter. [43229/23]
View answerI propose to take Questions Nos. 175, 176, 177 and 178 together.
The contract for the provision of next generation Irish Coast Guard (IRCG) aviation services was signed with Bristow Ireland Limited on 11 August 2023. The contract provides for the operation of four helicopter bases all on 24/7 duty, with the addition of a Coast Guard Fixed Wing aircraft service for the first time.
The contract for the new IRCG aviation service includes the standard provision relating to the application of TUPE, as follows: " The Contractor shall comply with all applicable obligations arising pursuant to the European Communities (Protection of Employees' Rights on Transfer of Undertakings) Regulations 2003 (S.I. 131 of 2003) and Council Directive 2001/23/EC (together the "TUPE Regulations")".
My Department and the Irish Coast Guard will facilitate, support, and expects to see, an orderly and seamless transfer of operations between both contractors (CHCI and Bristow Ireland). The transition will be a gradual process, and the new aviation service will be introduced on a phased basis between now and July 2025.
I fully recognise the professionalism and dedication of all personnel engaged in the provision of this essential State service. The specialist expertise of the CHCI personnel is highly valued and the experience gained over many years in providing IRCG SAR and other aviation services will continue to be a valued and sought after resource. The nature of the skills, training and experience required to fulfil Search and Rescue roles is quite specialised and there is a limited pool of suitably qualified personnel in Ireland and internationally available to fill these posts. Ensuring continued safe, efficient, and effective aviation services for the Irish Coast Guard is the overarching priority for all concerned. To that end, it is imperative that existing and future staff be fully appraised of employment and advancement opportunities available under the new service, so as to reduce any uncertainty or distraction.
The new contractor, Bristow Ireland, has given a commitment to my Department that the Company supports the principles of TUPE and that it will fully engage with the recognised Trade Unions – Forsa and Unite- as part of the transition and mobilisation phase of the new contract. The company has stated that it is fully committed to establishing pathways for personnel currently servicing the existing SAR contract to join Bristow Ireland on comparable salary structures and they will actively work to develop a positive and professional relationship with the Trade Unions to ensure that this commitment is fully honoured. Bristow Ireland will also engage directly with the management team of the incumbent contractor, CHCI, in the near future with a view to ensuring a seamless transition to the new IRCG aviation service.
It is important to note that staff at both CHC and Bristow are employees of their respective companies and my Department has no involvement or knowledge on the details of such contracts. Equally the Department is not in a position to determine arrangements for the transfer or recruitment of such personnel.
My Department is not in a position to release the recent tender documents and contract due to commercial sensitivity. However, I would like to direct your attention to the website of the Office of Government Procurement where you will find the template Draft Services Contract used by the Department of Transport. See link below.
gov.ie - Templates - Goods and General Services (www.gov.ie)
