Barry Andrews (Dún Laoghaire, Fianna Fail)

I thank Deputy Neville for raising this issue and for his good wishes. I am taking this Adjournment debate on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney.

In 2002, a task force was established to investigate assaults on psychiatric nurses with a view to exploring preventive measures to reduce the incidence of assault and to provide for a compensation scheme for the nurses concerned. The task force reported in April 2003. It recommended the introduction of a no fault, non-statutory compensation scheme for those nurses working in the mental health services who are seriously injured as a result of an assault by patients during the course of their duties.

On 13 July 2005 the Government decided, in the light of advice received from the Attorney General, that it was neither feasible nor practical to proceed with the introduction of a no fault compensation scheme as recommended by the task force. The Minister for Health and Children met officials from SIPTU and the PNA on 13 July 2005 and advised both unions of the Government decision. However, the Minister confirmed that consideration would be given to the idea of a fixed and proportionate redress fund for physical injuries as an add-on to the serious physical assault scheme.

Following from this, the Labour Court recommendation dated 29 March 2007 and subsequent clarification, the HSE introduced an insurance scheme to provide compensation for nurses in the mental health services assaulted by a patient or client in the course of their employment. This insurance scheme is modelled on standard personal accident insurance cover and will provide a fixed tariff of compensation for particular physical injuries resulting from assault by a patient. It would be in addition to the existing serious physical assault scheme, which provides for enhanced sick pay and cover for medical expenses, as well as five sixths of salary for nurses permanently incapacitated as a result of a serious assault at work.

It also should be noted that premiums due for the personal injury insurance cover are paid for by the HSE and no charge is incurred by individual nurses. The policy commenced on Monday, 21 January 2008 and is in line with industry norms in respect of insurance-based schemes that are available to other sectors of the economy. Both the PNA and SIPTU have rejected the scheme and have argued that any benefit should be reflective of the Personal Injuries Assessment Board, PIAB, book of quantum. However, the cover provided is an insurance-based scheme which never was intended to compensate persons at levels equivalent to the PIAB or the courts.

The PIAB assesses claims for compensation only in circumstances in which the negligent party, whether employer or otherwise, acknowledges fault. The PIAB compensation is based on the equivalent compensation that a person could expect to be awarded by a judge of the Circuit Court or High Court.

Following 21 days' notice, the PNA and SIPTU commenced a work to rule on 30 April, which includes a ban on overtime whereby psychiatric nurses will work rostered hours only; no co-operation with assisted admission; no escorting of patients to mental health tribunals; and no attendance at non-essential meetings. The HSE invited the PNA and SIPTU to talks yesterday, 7 May, to discuss issues relating to contingency plans, continuity of service and emergency cover for the ongoing dispute. Both unions declined to attend. This non-attendance, combined with the failure to notify the HSE of their non-attendance, raises serious questions about the commitment of union leadership to patient safety.

Meanwhile, as a consequence of the ongoing PNA-SIPTU industrial action, the position in Lakeview acute mental health unit at Naas General Hospital has reached critical point. There have been significant ongoing difficulties in staffing the Lakeview unit. However, due to uncertainty regarding the ability to deliver continuity of care in a safe environment, a decision has been made to transfer immediately patients to other treatment facilities. This is a regrettable step but is unavoidable at present and has been taken in the best interest of patients.

As for claims concerning the Central Mental Hospital, the hospital remains open. Management of the HSE has met both unions locally and is managing the situation on a daily basis. It should be noted that staff from all disciplines and management have worked tirelessly to protect patient care since the dispute started last Wednesday.

The Labour Relations Commission, LRC, has formally invited the parties to the current dispute for exploratory talks on Friday at noon. This invitation is on an unconditional basis and all parties have accepted this invitation. The Minister has welcomed the initiative by the LRC. She has expressed her deep concern at the adverse impact of the dispute on the care of mental health patients and has appealed to the two nursing unions involved to suspend their industrial action to minimise hardship to service users and their families while the talks process at the LRC gets under way.

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