Service Level Agreements

Dáil Éireann Debate, Tuesday - 20 June 2017

Tuesday, 20 June 2017

Ceisteanna (1124)

Micheál Martin

Ceist:

1124. Deputy Micheál Martin asked the Minister for Health if his attention has been drawn to the fact that section 39 hospitals are not in a position to pay moneys owed to their staff under the public service pay agreement; if his attention has been further drawn to the fact that this is causing great anguish to the staff; if he has met with the HSE or written to the Department of Public Expenditure and Reform to address this issue; and if he will make a statement on the matter. [26956/17]

Freagraí scríofa

Minister for Health

Under section 39 of the Health Act 2004, the HSE has in place Service Level Agreements with voluntary providers which set out the level of service to be provided for the grant to the individual organisation. Any individuals employed by these section 39 organisations are not HSE employees and therefore, the HSE has no role in determining the salaries or other terms and conditions applying to these staff. It should also be made clear that as the staff of these Section 39 organisations are not public servants, they were not subject to the FEMPI legislation which imposed pay reductions or the provisions of the subsequent Public Service Agreements which provided for pay restoration.

It is a matter for Section 39 organisations to negotiate salaries with their staff as part of their employment relationship and within the overall funding available for the delivery of agreed services.