Marcella Corcoran Kennedy (Offaly, Fine Gael) | Oireachtas source

I thank Deputy Deering for raising this very important matter. Cheshire Ireland provides a range of support services to people, often with very complex and high support needs with both physical and neurological conditions in their homes, residential centres, supported accommodation and stand-alone respite facilities. Cheshire Ireland is funded under section 39 of the Health Act 2004, with services based throughout the country, including Tullow, County Carlow. The Health Service Executive has in place service level agreements with these providers, funded under section 39 of the Health Act 2004, which set out the level of service to be provided for the grant to the individual organisation and requirements regarding standards of care.

In 2017, as part of the overall service arrangement which the HSE community health care organisation No. 5 has with Cheshire Ireland, a funding allocation of €1.965 million will be provided to Carlow-Kilkenny community services. The Carlow-Kilkenny disability manager and finance manager reviewed the service level agreement file and advised that, at the service level agreement meeting in 2016, Cheshire Ireland indicated that it would undertake staff redundancies. I am informed, however, that the HSE did not receive any request for funding from Cheshire Ireland for these costs.

As the individuals employed by section 39 organisations are not HSE employees, the HSE has no role in determining the salaries or other terms and conditions applying to these staff, including any pension arrangements. Accordingly, such arrangements offered by individual providers will vary. I confirm to the Deputy and House that the pay and superannuation terms and conditions of the staff concerned are not subject to the control of the Department of Health as the employees are not classified as public servants.

The Deputy asked a specific question on a commitment given by the Health Service Executive at a meeting of the Workplace Relations Commission. I have no information on that matter and I am not in a position to make any commitments on redundancies in the company concerned. I will, however, endeavour to establish what precisely is the position regarding the HSE's commitment.

Deputy Pat Deering:I thank the Minister of State for her response. With the greatest respect, however, I am slightly disappointed and frustrated with it because my information differs entirely from the information provided. A Labour Court decision issued on 16 December 2015 recommended that the Cheshire Ireland engage with the Health Service Executive. It states: "Having regard to the Employer's financial difficulties and substantial dependency on the HSE for funding, the Court further recommends that the employer should engage in early course with the HSE with a view to securing the necessary additional funding required." My understanding, and that of the staff, trade unions and everyone else concerned, is that the HSE, in conjunction with Cheshire Ireland, would facilitate this particular matter. It is disappointing and strange that the HSE appears to have abdicated its responsibility in this matter. I ask the Minister of State to review the issue with HSE officials to determine precisely what the position is. Staff are in limbo and require clarification and certainty.

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