John Lahart (Dublin South West, Fianna Fail) | Oireachtas source

Interestingly, I received an email in the past few days from the National Women's Council which will have a seminar next week on considering the inclusion of the value of care in the Constitution.

6 o’clock

Certainly, it is something I would support. I am a member of the Oireachtas Joint Committee on Health, where I would have mentioned this previously, as well as at public meetings, that I am very impressed with the way Scotland handles its care system traditionally. It seems to have a healthcare system that attempts to embrace the individual and embrace communities, and without wishing to diminish the work that is done by the healthcare sector here, we are still suffering from a historical hangover that likes to keep the community and individuals at a distance from the institutions and from the State when it comes to healthcare. We do it in education as well. The State farms out a lot of services rather than taking those services on board itself and embracing all that is involved in them.

For the public who are watching, of course, section 39 is a fairly nebulous term. It does not really mean an awful lot. It is worth repeating that when we talk about section 39, we talk about those organisations that are funded by the HSE, that reach into every community in the country and that provide essential health and social care services to people with disabilities and to the most vulnerable in communities in towns, villages and parishes throughout the country, including residential, day and ancillary services for people with disabilities, mental health services, palliative care services, addiction services and a myriad of other health services and social care services that are provided in the community. Every constituency, including my own, Dublin South-West, has a myriad of these community services. At some stage, some of these section 39 or section 56 organisations may have been voluntary associations or associations connected with care and services that had been provided traditionally or historically by religious orders or religious institutions going back many decades and they were transformed into voluntary organisations.

The mind boggles as to why it has taken so long for the rubber to hit the road on this issue. The bottom line is the State accepts that the ability of these organisations to pay their staff is highly dependent on the money the State gives to these organisations, and if all these section 39 organisations were unable to deliver the agreed level of service agreed with the HSE and with the State, the HSE, Tusla and other organisations would have to step in to provide and manage these services. Can we imagine such a scenario? If the HSE and Tusla had to employ the kinds of professionals and care workers who are working for the section 39 and section 56 organisations and provide those services themselves, they would. Mr. Bernard Gloster, CEO of the HSE, in response to a question from me in the Oireachtas Joint Committee on Health, of which I am a member, said simply that the HSE pays more. That is why, of course, the HSE is the chief poacher of staff from many of these section 39 organisations. That situation is so obvious. It is so evident. It has been allowed to continue probably because successive administrations have believed they could do it, that the section 39 organisations would not withdraw cover, just as nurses and doctors in particular acute hospitals or in acute care centres may threaten to strike but, when push comes to shove, they do not deliver on it because they know of the consequences.

I am not aware of any emergency provision that has been put in place by anybody for next Tuesday - maybe it has been spoken of here - if this were to come to pass. Equally, as a result of a very robust, strong and supportive conversation we had at our own parliamentary party last night, which is not the first conversation we have had, and although I am not a Minister and I am not in a position to make these decisions, it is obvious that strike action next Tuesday simply cannot happen and the Government must move every mountain at its disposal to ensure it does not happen. When I say that strike action cannot happen, I do not want anybody in the Gallery to misinterpret me as saying people should not take strike action next week. That is not what I am saying. What I am saying is it has to be dealt with, it has to be resolved, or some kind of invitation or meaningful gesture that gives confidence to that sector to give a second thought to its action next Tuesday needs to be taken. That is certainly the thrust of what my colleagues feel. It has to be done.

Previous speakers have already adverted to the fact that, very reluctantly, these organisations have taken this decision in relation to strike action. I, along with members of the Opposition who represent my constituency as well as a group called WALK, was at a public meeting in the Red Rua theatre in Tallaght a few weeks ago which was very well attended. The section 39 piece featured very prominently in the discussion. The esteem in which the people who work for these section 39 organisations are held by parents, managers of the organisations themselves and the individuals who are on the receiving end of their great care and attention was palpable. It is simply a service the State has been taking for granted for too long and that simply cannot continue.

If ever there was a cliff edge in society, this is a care cliff edge we are talking about. It is an issue that is concentrating the minds of everybody on this side of the House and concentrating and focusing those minds very determinedly. That is certainly my impression of my parliamentary party meeting last night.

I assure those in my constituency who work for section 39 organisations that I, as their representative, and my colleagues are determined to do whatever we can to ensure this is resolved. According to a ministerial response we had last night, some section 39 organisations are in a position to remunerate their employees better than others. The Minister and the Minister of State will have reflected that in their contributions as well. Obviously, we are not talking about those organisations. We are talking about the organisations which are facing very significant challenges. The alternative clearly is that the State, through the HSE or Tusla, would have to provide those services and, if they did, they would have to pay the going rate to employ people to do those jobs.

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