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EU Directives.

Dáil Éireann Debate, Tuesday - 21 June 2005

Tuesday, 21 June 2005

Ceisteanna (52, 53)

Trevor Sargent

Ceist:

61 Mr. Sargent asked the Tánaiste and Minister for Health and Children the progress made to date in implementing the European working time directive for junior doctors; and if she will make a statement on the matter. [20946/05]

Amharc ar fhreagra

Damien English

Ceist:

73 Mr. English asked the Tánaiste and Minister for Health and Children if the NCHD working hours are now compliant with the requirements of the European working time directive; if her Department has been informed or alerted to any actions taken or any fines imposed on health employers for any breaches of the directive; and if she will make a statement on the matter. [20884/05]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 61 and 73 together.

The working hours of doctors in training are regulated by way of the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004, which came into operation on 1 August 2004.

Employers and the Irish Medical Organisation, IMO, have been engaged over a lengthy period in discussions under the auspices of the Labour Relations Commission, LRC, in order to advance proposals to effect a reduction in the working hours of non-consultant hospital doctors, NCHDs. 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, health employers have not acted unilaterally in order to achieve full compliance with the European working time directive, EWTD.

My Department has no knowledge of any actions taken or fines imposed on any health employer in the State for breaches of the directive in respect of NCHDs. In many hospitals, the introduction of new rosters would facilitate significant progress towards EWTD compliance while maintaining safe patient care and existing levels of service. However, health employers, in response to the request of the LRC, are at present awaiting agreement at national level before proceeding.

The ability of the Health Service Executive, HSE, to effectively implement the EWTD for the benefit of all NCHDs is dependent on the full co-operation of the IMO at both national and local level. In that regard, agreement was reached with the IMO in late 2004 to the establishment of nine pilot sites. The work by the local implementation groups at these sites is progressing with a view to developing plans for the full implementation of the directive.

Each local group includes consultants, local representatives of training bodies, NCHDs, nurses, management and other grades. Arising from their work, action can be taken when the industrial relations issues have been resolved.

The groups recently completed a comprehensive data gathering exercise on hospital activity, based on a similar UK "Hospital at Night" project. Over 50,000 clinical tasks were captured in the exercise. This data will help to determine how to reorganise services over a 24-hour day to maintain high quality patient care and provide appropriate training opportunities while achieving EWTD compliance. An analysis of the data is currently being conducted by the University of York and a report will be presented to all parties in the negotiations on 6 July 2005, at a meeting chaired by the LRC.

A national implementation group chaired by Dr. Cillian Twomey is being established under the auspices of the LRC. The group's membership includes nominees from the HSE, the IMO, the Irish Hospital Consultants Association, the Postgraduate Medical and Dental Board, the Medical Council, the postgraduate medical training colleges, representatives of nurses and other health care professions and officials from the Department of Health and Children. This national group will co-ordinate the work of the nine local groups, issue agreed guidance on EWTD implementation and assist in the development of local implementation plans.

Further negotiations on issues relating to industrial relations matters are continuing in the LRC, aided and informed by the information compiled by the local groups. 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.

Question No. 62 answered with QuestionNo. 56.
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