Dáil debates

Thursday, 3 December 2020

Saincheisteanna Tráthúla - Topical Issue Debate

Industrial Relations

5:50 pm

Photo of Frank FeighanFrank Feighan (Sligo-Leitrim, Fine Gael) | Oireachtas source

I thank the Deputy for raising this issue today. I again take the opportunity on behalf of the Minister, Deputy Donnelly, to recognise the outstanding contribution our front-line workers make every day to enable the country to respond in the way it does to the Covid-19 pandemic. No profession is more front line than our paramedics.

To move on to the particular issue raised, we are talking about a branch of the Psychiatric Nurses Association called the National Ambulance Service Representative Association or NASRA. This group has engaged in industrial action on eight occasions since January 2019. By way of background, members of NASRA represent a minority number of front-line ambulance personnel out of a total National Ambulance Service work force of 1,800. I understand they are mostly based in Cork, the south east and Tullamore.

The PNA states that its industrial action is in connection with two main issues.

The first is a dispute over the automated deduction of union subscriptions from members' pay. The HSE is refusing to facilitate payroll deductions at source of union subscriptions to NASRA as it does not recognise the association. The second issue relates to a refusal by the HSE to engage in negotiations with the PNA or to recognise the PNA as union representatives when representing its ambulance personnel members. It is regrettable that this group has taken the industrial action that it has. On each occasion, the HSE and the National Ambulance Service confirmed that a robust contingency has been in place to ensure there was no risk to the health and safety of health service users. The HSE confirmed that full emergency cover was provided during the action, which means there were no adverse incidents.

NASRA, which is affiliated to the PNA, is not recognised by the HSE and, therefore, does not have negotiating rights. Furthermore, the PNA 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 in respect of ambulance personnel. The PNA, which is not affiliated to the Irish Congress of Trade Unions, ICTU, does not have negotiating rights for nurses working in the psychiatric 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 ambulance staff who are members of SIPTU, Fórsa and Unite. This is consistent with the fact that these unions are recognised as representing ambulance grades. Again, the HSE does not carry out deductions of subscriptions for NASRA because it is not recognised. It should be noted that facilitating deductions at source is not a legal right but rather a concession granted to recognised unions.

Individuals have a right to membership of any trade union, but they do not have a right that such a membership must be facilitated or recognised by their employer. Industrial relations policy has a long-standing objective of avoiding fragmentation in workers' representation in public sector employment and the trade union movement generally. This is to facilitate the orderly conduct of bargaining and other aspects of industrial relations. I can confirm that Department of Health officials engaged with HSE management to explore ways forward by which this dispute could be progressed, but a resolution could not be identified. The position remains, therefore, that the PNA does not have negotiating rights in respect of ambulance grades.

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