Dáil debates

Thursday, 28 February 2019

Saincheisteanna Tráthúla - Topical Issue Debate

Industrial Disputes

6:25 pm

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael) | Oireachtas source

On behalf of the Minister, Deputy Harris, I apologise to all the Deputies for his not being here for this debate on such an important matter. Industrial action was taken today, Thursday, 28 February, between 7 a.m. and 5 p.m. by a branch of the Psychiatric Nurses Association called the National Ambulance Service Representative Association, NASRA. The HSE has been advised that NASRA members will again engage in industrial action tomorrow, Friday, 1 March, between the hours of 7 a.m. and 5 p.m.

Members of NASRA represent approximately 350 front-line ambulance personnel from a total National Ambulance Service workforce of 1,800.

I understand that most are based in Cork, the south east and Tullamore. The HSE and the National Ambulance Service have confirmed that, again, robust contingency planning will be in place to ensure that there is no risk to the health and safety of our health service users despite this escalation in action. Of course, this escalation by the union to two consecutive days of industrial dispute will be an increased challenge. The HSE has also confirmed that full emergency cover will be provided during the action. This means that all emergency calls will be responded to.

In addition, the National Ambulance Service has put robust contingency arrangements in place to provide additional emergency cover. The Defence Forces are also on stand-by, if required. The intention is to minimise any disruption and to ensure that patient safety is not compromised. Similar to the last day of industrial action, National Ambulance Service management will closely monitor service demand and delivery on the days of the industrial action. The National Ambulance Service has confirmed that there was no negative impact on the ability of the service to provide patient care and service delivery during the last date of industrial action. So far, during this current day of action, there have been no adverse incidents.

I think it is important to again state the factual position regarding this dispute. NASRA, which is affiliated to the PNA, is not recognised by the HSE and, therefore, does not have negotiating rights. Also, the PNA does not have negotiating rights in respect of ambulance personnel. The legal position is very clear. The HSE and the National Ambulance Service have no obligation to recognise NASRA or the PNA in the context of ambulance personnel. The PNA, which is a non-ICTU affiliated union, does have negotiating rights for nurses working in psychiatry and intellectual disability sectors.

The main union that is recognised by the HSE for ambulance front-line grades is SIPTU. Fórsa and Unite also represent ambulance grades. The HSE deducts subscriptions at source for those ambulance staff who are members of SIPTU, Fórsa and Unite. This is consistent with the fact that these are the unions that are recognised as representing ambulance grades. The HSE does not carry out deductions for subscriptions to NASRA as it is not recognised. It should be noted that facilitating deductions at source is not a legal right, rather it is a concession granted to recognised unions. Of course, individuals have a right to membership of any trade union. However, they do not have a right that such membership is facilitated or recognised by their employer. The Minister has asked the officials to engage with HSE management to explore ways forward and see if a resolution to this dispute can be progressed. These discussions are ongoing.

Any recognition of the PNA with regard to ambulance personnel could have a serious detrimental effect to the current state of industrial relations in the health sector. This is a complicated situation and it has to be managed very delicately. However, as of today, the fact remains that the PNA does not have negotiating rights for ambulance grades. I will respond to some of the questions raised by the Deputies.

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