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EU Directives.

Dáil Éireann Debate, Wednesday - 29 September 2004

Wednesday, 29 September 2004

Ceisteanna (547)

Fiona O'Malley

Ceist:

729 Ms F. O’Malley asked the Minister for Health and Children his views on whether sufficient consultation has taken place with junior doctors and the European Working Time Directive will be implemented in August 2004 as required; and if he will make a statement on the matter. [21225/04]

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Freagraí scríofa

Consultation has taken place over the course of the last four years with the Irish Medical Organisation, including detailed discussions in the national joint steering group on the working hours of non-consultant hospital doctors, or NCHDs, the forum on medical manpower and the national task force on medical staffing. Officials from my Department and health services employers agency have been meeting in the Labour Relations Commission since August 2002 with the most recent discussions commencing in December, 2003.

The report of the National Task Force on Medical Staffing, or Hanly report, set out a detailed implementation plan for reducing NCHD hours. This involved a detailed evaluation of on-call rotas, training requirements and of how medical cover is organised. A national coordinator and support team have been appointed; draft rosters and hours recording systems developed; significant work, involving all of the post-graduate medical training bodies and the Medical Council, has been undertaken to provide a set of training principles to be applied to rosters, and extensive work undertaken by health agencies at local level.

The provisions of the European Working Time Directive as it applies to doctors in training were transposed into Irish law by means of the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004, which came into force on 1 August 2004. A full and detailed briefing on the content of these regulations was given to the Irish Medical Organisation in advance of that date. The ability of the management of the health services to effectively implement the European Working Time Directive for the benefit of all NCHDs, is dependent on the full co-operation of the IMO at both national and local level. However, to date the IMO has refused to participate in local implementation groups countrywide.

Discussions involving the HSEA and the IMO under the aegis of the LRC have remained stalled on the crucial issue of changes to rosters and the way in which overtime is paid. The Labour Relations Commission has requested that both parties refrain from engaging in any form of unilateral action for the duration of the negotiation process. As a result, as of 1 August, health employers have not acted unilaterally in order to achieve compliance with the EWTD. In many sites around the country, the introduction of new rosters would facilitate significant progress towards EWTD compliance while maintaining safe patient care and existing levels of service provision. Health employers, at the request of the LRC, are at present awaiting agreement between management and the IMO at national level before proceeding.

A meeting took place in the LRC on Monday 20 September between officials from my Department, the HSEA and the IMO. Both the management and union sides presented further submissions which were discussed. The LRC made a number of suggestions, including the immediate establishment of eight pilot sites and further intensive negotiations. These negotiations will take place following the establishment of pilot sites. I am hopeful that early progress can be made on resolving the outstanding areas of disagreement.

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