Firstly, I would like to acknowledge the important role that Section 39 organisations and staff play in our health sector. They have a key role in providing services to people with disabilities and older people.
Under Section 39 of the Health Act 2004, the HSE provides financial assistance to organisations to provide services similar or supplementary to a service that the HSE may provide. However, Section 39 organisations are privately owned and run, and staff in these organisations are not public servants. Their terms and conditions of employment, once in line with employment legislation, are strictly between the employer and the employee.