Dáil debates

Wednesday, 3 July 2019

Saincheisteanna Tráthúla - Topical Issue Debate

Trade Union Recognition

3:45 pm

Photo of Jim DalyJim Daly (Cork South West, Fine Gael) | Oireachtas source

I would like to thank the Deputies for raising this issue here today.

As we know, this matter relates to a branch of the Psychiatric Nurses Association called the National Ambulance Service Representative Association, NASRA. This group has engaged in industrial action on seven dates since the action initiated on 22 January 2019. The last date NASRA members engaged in industrial action was for a 24-hour period on 31 May. It is regrettable that this week it has announced a further date of 24-hour action due to be held between the hours of 2 p.m. on Friday, 19 July and Saturday, 20 July 2019.

By way of background, members of NASRA represent approximately 350 front-line ambulance personnel out of a total National Ambulance Service work force of 1,800. I understand that they are mostly based in Cork, the south east and Tullamore.

The HSE and the National Ambulance Service have confirmed that again, robust contingency arrangements were in place to ensure that there was no risk to the health and safety of our health service users during the industrial action. The HSE has confirmed that full emergency cover was provided. This means that all emergency calls were responded to.

In addition, the National Ambulance Service, NAS, put robust contingency arrangements in place to provide additional emergency cover. The Defence Forces have also been on stand by with a number of crewed ambulances. The intention, as previously, is to minimise any disruption and to ensure that patient safety is not compromised.

During the industrial action, National Ambulance Service management closely monitor service demand and delivery. NAS has confirmed to us that during the dates of action there has been no negative impact on the ability of the service to provide patient care and service delivery. What this means is that there were no adverse incidents.

We need to be clear again on what the actual position is in relation to this dispute. The National Ambulance Service Representative Association, which is affiliated with the PNA, is a group which is not recognised by the HSE and therefore does not have negotiating rights. The PNA also does not have negotiating rights for ambulance personnel. The legal position is very clear. The HSE and the National Ambulance Service have no obligation to recognise NASRA or the PNA for ambulance personnel. The PNA, which is a non-ICTU affiliated union, has negotiating rights for nurses working in psychiatry and intellectual disability sectors. The main union which 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 that 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.

Deputies, at this stage I note, are asking what progress has been made between the Department of Health officials and the HSE on exploring various options to see how a resolution to this dispute can be reached. I can assure the Deputies that we all want to see a resolution to this dispute. I can also advise that the discussions, as suggested by the Minister, Deputy Harris, have been held but an appropriate solution has not yet been identified. Deputies must be aware that industrial relations policy has had a long-standing objective of avoiding fragmentation in worker representation in public sector employments and the trade union movement generally to facilitate the orderly conduct of bargaining and other aspects of industrial relations. However, as of today, the fact remains that the PNA does not have negotiating rights for ambulance grades.

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