Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank Deputy Naughten for raising this issue, which I am taking on behalf of the Minister of State, Deputy Kathleen Lynch, who is on Government business elsewhere. I should clarify that this issue concerns conciliation conferences under the aegis of the LRC and not a Labour Court recommendation, as was suggested in the initial text of matter raised.

The unsocial hours premium payments of time and one sixth are known as twilight payments. Provision for their payment to nurses was introduced in 1999. Access to this premium payment was subsequently extended to other grades of staff, including social care workers. Costs arising from the introduction of these payments were to be met from within agencies' existing allocations.

The issue raised in this case relates to premium payments to social care workers at a rate of time and one sixth for hours worked after 8 p.m. until the end of their shifts. The matter was the subject of conciliation conferences under the aegis of the LRC last October and November. The latest engagement occurred on 3 March. The staff concerned are employed by the Brothers of Charity Services in Galway and Roscommon and Ability West, which is primarily based in Galway. They are not directly employed by the HSE.

At the LRC conciliation conference on 27 November, the HSE gave a commitment to actively pursue the provision of resources to the agencies in the context of the 2015 Estimates process so as to enable payment of the premium from 1 January 2015. I am informed that the payment of the twilight premium has commenced since 1 January but there remains a continuing issue of retrospective payments, as the Deputy mentioned. This is being pursued by the Impact trade union and was the subject matter of the latest LRC engagement on 3 March. The HSE has indicated that it is not in a position to consider any retrospective payment at this time and has advised that it is engaging in a broader national process to determine the overall extent of issues relating to the non-application of twilight premiums in sections 38 and 39 agencies. It is expected that this process will be finalised on 17 April. Together with the employers directly involved in Galway and Roscommon, the HSE has indicated a willingness to return to the LRC at that stage.

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