Brendan Howlin (Wexford, Labour) | Oireachtas source

It is all the time I spent in the Chair. Forgive me.

These amendments relate to the insertion of a new Part 7A concerning sick leave remuneration into the principal Act, as we have discussed at some length. The amendment provides for the insertion of a new sentence into the Long Title to reflect that fact. As the Long Title suggests, the Bill amends the 2004 recruitment Act to provide for the redeployment of public servants. The amendments being tabled are beyond the scope of the current Long Title. As such, it is proposed to amend the Long Title to provide for regulations concerning sick leave in the public service.

As Deputies are aware, the rationale for the new scheme was the need to reduce the unsustainable cost of sick leave in the public service. This is to be achieved through a substantial reduction in the period of time for which sick leave will be available. I want to be clear that the reduction in paid sick leave under the new scheme will reflect exactly the binding recommendation of the Labour Court. Under that recommendation, special arrangements are being put in place through the development of a critical illnesses protocol under which staff with serious illnesses of specific severity might benefit from extended sick leave on an exceptional basis. I did not have much time to respond on this point previously, but we will deal with it in some detail during our toing and froing. We are moving away from a single sick leave arrangement to a sick leave arrangement and a critical illness protocol to cover many of the issues raised by the Deputies opposite, including mental health issues. This was understood in our discussions.

The new Part 7A empowers the Minister for Public Expenditure and Reform to make regulations providing for the payment of sick leave remuneration for public sector workers. The provisions in Part 7A will underpin the introduction of a new sick leave scheme, which was recommended by the Labour Court in 2012, across the public service. It is also a key deliverable in the Government's reform programme. The single sick leave arrangement will help mobility in the public service.

Amendment No. 16 seeks to insert the new Part 7A, comprising sections 58A to 58C, into the principal Act. The overall purpose of Part 7A is to make legislative provision for a sick leave scheme for the public service and to give the Minister for Public Expenditure and Reform the statutory authority to set out the scheme in detailed regulations, having regard to certain principles and policies. A new Part is being inserted to avoid confusion by distinguishing between the provisions that relate to sick leave remuneration, redeployment and the existing provisions in the principal Act that relate to recruitment and appointments. This new provision empowers the Minister to provide for a definition of "condition" in ministerial regulations to be made under this Part.

The term "condition" includes a condition which has been certified and prevents a public servant from attending to his or her duties due to illness or injury. The word "condition" does not refer to a medical condition, but is a condition that will get the public servant into the critical illness protocol. The inclusion of this definition means that the Minister can include in the regulations that in order to be allowed access to the levels of remuneration and the limit times in the paid sick leave scheme specified in those regulations, a medical practitioner must certify in writing that the public servant concerned is unable to attend to his or her duties due to illness or injury.

Rather than me reading out a great deal of information, it would probably be preferable if the Members asked their questions and I respond to them.

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