Mary Harney (Dublin Mid West, Progressive Democrats)

Under the European working time directive, the current maximum average working week for non-consultant hospital doctors is 56 hours. This limit will be reduced to 48 hours with effect from 1 August 2009. The directive also specifies minimum daily and weekly rest periods. I am aware that the working hours of non-consultant hospital doctors in our public health service are, in general, not compliant with the requirements of the European working time directive. The matter has been the subject of extensive analysis in recent years.

Negotiations on a new employment contract to facilitate the introduction of reduced working hours for NCHDs have been the subject of protracted negotiations under the auspices of the Labour Relations Commission, but without resolution.

A national implementation group which was established in 2005 to provide guidance and oversee local implementation projects, produced its final report in December 2008. The report indicated the potential for specific actions which could be taken for compliance with the European working time directive.

My Department has requested the HSE to develop a robust plan for achieving compliance with the working time directive by August of this year. The HSE is identifying specific measures to further compliance in each acute hospital over the coming months such as flexibility of work practices; rationalisation of overtime hours; reconfiguration of hospital services; an increase in the number of consultants with a corresponding decrease in the number of NCHDs through savings achieved from the overtime bill. These measure will all be of assistance in this regard.

On 30 January 2009, the HSE advised the IMO of its intention to proceed with implementing changes to the working arrangements of non-consultant hospital doctors, with effect from 18 February 2009. On foot of this proposal, the IMO balloted its members for industrial action. The Labour Relations Commission facilitated a meeting between the HSE and the IMO earlier this week where it was agreed that both parties would engage in intensive discussions on all issues of dispute between them. These discussions will continue to take place until the end of this month, following which any unresolved issues will be referred to the Labour Court.

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