Dáil Éireann Debate, Thursday - 5 October 2023
179. Deputy Pauline Tully asked the Minister for Transport if a transfer of undertakings protection of employment rights, TUPE, will apply in the transfer of the search and rescue contract for the Irish Coast Guard to a new company (details supplied) to protect the terms and conditions of the workers who are transferring, if not, the reason this is stated to be the case on his Department's website under ‘your questions answered’. [43231/23]
View answerThe 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 over the next 24 months.
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.
