Dáil Éireann Debate, Thursday - 6 October 2022
296. Deputy Paul Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the reason that having had their pay cut during the economic crisis, as Section 38 and 39 organisations funded by the HSE, that Section 56 organisations were excluded from pay restoration following the re-designation of children’s residential care organisations (details supplied); and if he will make a statement on the matter. [49221/22]
Amharc ar fhreagraI understand that where the Deputy refers to Section 38 and Section 39, he is referring to the Health Act 2004, which is a matter for the Minister for Health. The Workplace Relations Commission (WRC) agreement reached between the Department of Health and HSE and trade unions representing staff in certain section 38 & 39 organisations is a matter for the Minister for Health.
The arrangements that Tusla enters into with a person or organisation for the provision of child and family services are subject to the provisions of Part 8 of the Child and Family Agency Act, 2013.
Section 56 (14) is clear that Tusla's arrangements with such providers do "not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other'.
Organisations commissioned to deliver services under Section 56 operate independently of Tusla and are responsible for their own internal resource management, including the terms and conditions under which their staff are employed. The remuneration of the staff of these bodies is therefore a matter for these organisations as employers.
