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EU Directives.

Dáil Éireann Debate, Thursday - 28 October 2004

Thursday, 28 October 2004

Ceisteanna (42)

Michael D. Higgins

Ceist:

34 Mr. M. Higgins asked the Tánaiste and Minister for Health and Children the position regarding the application of the European working time directive to non-consultant hospital doctors; if the directive is now being implemented in all hospitals; the impact on staffing rosters in hospitals; and if she will make a statement on the matter. [26337/04]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the provisions of the European working time directive as it relates to the working hours of doctors in training came into force on 1 August 2004. The relevant provisions were transposed into Irish law by way of the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004.

The ability of the management of the health services to effectively implement the European working time directive, EWTD, for the benefit of all NCHDs, is dependent on the full co-operation of the Irish Medical Organisation, IMO, at both national and local level. This process has been delayed for some time in the absence of agreement by the IMO to the establishment of a national implementation group and local implementation groups in each hospital. These groups would be representative of all relevant stakeholders in this process and are crucial to the achievement of progress on this issue.

Discussions involving the HSEA and the IMO under the aegis of the Labour Relations Commission, LRC, have been taking place for some time. While some progress has been made, much remains to be resolved. The LRC 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. However, health employers, in response to the request of the LRC, are awaiting agreement between management and the IMO at national level before proceeding.

In this regard, both sides have accepted a proposal from the LRC for the selection of eight pilot hospital sites to examine local implementation issues, and to develop plans for the full implementation of the directive. Preparations are well advanced for the establishment of the groups and two regional workshops, supported by both management and the IMO, are taking place this week to assist, advise and guide the work of the pilot groups. Further intensive negotiations under the auspices of the LRC are scheduled to take place on 2 November. I am hopeful that early progress can be made in resolving outstanding issues, so that full implementation of the directive's requirements can proceed without further delay.

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