Willie Penrose (Longford-Westmeath, Labour) | Oireachtas source

I thank the Ceann Comhairle for allowing me to raise this important issue. I am glad that the Minister of State, Deputy White, who has a fair degree of expertise in respect of Labour Court recommendations and who recognises their importance, is present. I look forward to his reply.

I wish to focus on the abject failure of the HSE to offer contracts to people employed as home helps and home care workers. Everyone is aware that these workers are predominantly female and that they play a pivotal role in the context of the HSE's home care and community care strategies. On 29 June 2012, the chairperson of the Labour Court made a recommendation - LCR 20312 - that the 2009 agreement regarding contracts for home helps, which refined an earlier agreement reached in 2007, "was reasonable and practical in circumstances where the hours of work of the home help service fluctuate to such an extent". The chairperson also recommended that the 2009 agreement should be used to conclude a final agreement which would address all issues raised by the unions and take account of the various matters raised by the HSE. She stated that discussions should be completed by the end of July, with the proviso that if there any issues outstanding, these could be referred back to the court for a definitive recommendation. Notwithstanding their best efforts to engage in a meaningful and constructive manner, the trade unions have been frustrated by the ongoing failure of the HSE to appoint an appropriate person of specific seniority to deal with this issue and assist in reaching an agreement that would be in everyone's interests, particularly those of home helps and the people to whom they provide services. I understand the Labour Court is equally frustrated by the dilatory behaviour of the HSE.

There were 12,356 home helps in 2008 or 2009 but their number had decreased to 9,384 as of 1 October last. Even with a decrease in the available budget, these home helps have continued to deliver the traditional and tremendous service that has always been provided. Since July, the number of home helps has decreased since 2%. This means that 10.25 million hours of home help services must be delivered by the 9,384 individuals to whom I refer. I deplore the reduction relating to this service. It is foolhardy to take away money from home helps, who play an extremely important role in keeping people comfortable and happy and ensuring that they can remain in their own homes and neighbourhoods. The amount it costs to put someone in a nursing home dwarfs that which is required to provide them with home help. It is about time those in the HSE removed their blinkers.

It is generally accepted that the working hours of home helps are not constant. In that context, some home helps could be offered redeployment if there was a reduction in their hours. This would mean that the HSE would not be obliged to engage in expenditure relating to agency work. The home helps and their trade unions are prepared to be flexible and adaptable but the HSE has been obstinate. Home helps are being treated as third-class workers. Some of them have been sent home, while others have been informed that they are on zero contract hours. A unilateral decision was taken to reduce their hours of work without any consultation whatsoever. This is 2012, not 1912. Home helps are surely entitled to be protected under the Croke Park agreement. In that context, there should be no displacement of their pivotally important work.

Home helps possess many skills. Some of them might have the necessary skills to allow them to work in the hospital service or they could share their hours of work between community and hospital services. However, they are not being afforded any recognition of the central role they play in the provision of health services.

It is disconcerting that the HSE has engaged - at great cost to itself - to privatise the home help service. I have seen the figures in this regard. We must ask whether the dilatory behaviour in which the HSE is engaging is part of a programme it has adopted in order to facilitate its agenda of privatising the home help service to a greater degree. Home helps employed by the HSE have been left with no safety net and are not being afforded equality of treatment. The latter is important. The HSE has blatantly resiled from implementing the guarantee of income clause which is set out in the agreement to which I refer. Surely home helps employed by the HSE are entitled to contracts of employment which reflect the hours they work. The HSE must honour the contractual arrangements in place and we must ensure work for the number of hours specified in contracts is provided.

We all know the value of home helps. They provide an invaluable service to older and vulnerable persons. I do not want to see a continuation of what has been happening to them, namely, the HSE outsourcing their work to the private sector. The HSE's actions in this regard have been greatly assisted by the fact that its home helps do not have meaningful contracts. It is past time the HSE behaved with the decency and decorum one would expect of any reasonable employer, especially a State employer. Its behaviour to date in respect of home helps has been less than stellar. On the contrary, it has been shameful.

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