I propose to take Questions Nos. 392 to 397, inclusive, together.
The framework agreement to which the Deputy refers was concluded between the then interim Health Service Executive and the trade union IMPACT on 23 December 2004, prior to the establishment of the Health Service Executive (HSE) on 1 January 2005. My Department was not involved with either the negotiations or content of this agreement. Section 22 of the Health Act 2004, the legislation under which the HSE was established, provides that the HSE has responsibility for the recruitment of employees, in accordance with the Public Service Management (Recruitment and Appointments) Act 2004. The Health Act 2004, also provides that the HSE shall determine the terms and conditions of employment of employees and their grade. However, the Executive does require my approval, given with the consent of the Minister for Finance.
With regards to a review of the operation of this agreement, I understand that discussions between the HSE and IMPACT, for the purpose of reviewing and agreeing changes to this Framework Agreement and to agree an ongoing process to deal with organisational changes, are already underway at the Labour Relations Commission. This is referred to in the Draft Public Service Agreement 2010-2014, which is under consideration by all public sector unions.
Implementation of this agreement is a matter for the HSE. However, I wish to advise the Deputy that, due to industrial action affecting the Executive, it is not possible for the Executive to supply the information requested in relation to the detailed operation of this agreement and the resolution of disputes arising under it. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.