Willie Penrose (Longford-Westmeath, Labour)
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I thank the Ceann Comhairle for allowing me to raise this important issue. I am glad that the Minister of State, Deputy White, who has a fair degree of expertise in respect of Labour Court recommendations and who recognises their importance, is present. I look forward to his reply.

I wish to focus on the abject failure of the HSE to offer contracts to people employed as home helps and home care workers. Everyone is aware that these workers are predominantly female and that they play a pivotal role in the context of the HSE's home care and community care strategies. On 29 June 2012, the chairperson of the Labour Court made a recommendation - LCR 20312 - that the 2009 agreement regarding contracts for home helps, which refined an earlier agreement reached in 2007, "was reasonable and practical in circumstances where the hours of work of the home help service fluctuate to such an extent". The chairperson also recommended that the 2009 agreement should be used to conclude a final agreement which would address all issues raised by the unions and take account of the various matters raised by the HSE. She stated that discussions should be completed by the end of July, with the proviso that if there any issues outstanding, these could be referred back to the court for a definitive recommendation. Notwithstanding their best efforts to engage in a meaningful and constructive manner, the trade unions have been frustrated by the ongoing failure of the HSE to appoint an appropriate person of specific seniority to deal with this issue and assist in reaching an agreement that would be in everyone's interests, particularly those of home helps and the people to whom they provide services. I understand the Labour Court is equally frustrated by the dilatory behaviour of the HSE.

There were 12,356 home helps in 2008 or 2009 but their number had decreased to 9,384 as of 1 October last. Even with a decrease in the available budget, these home helps have continued to deliver the traditional and tremendous service that has always been provided. Since July, the number of home helps has decreased since 2%. This means that 10.25 million hours of home help services must be delivered by the 9,384 individuals to whom I refer. I deplore the reduction relating to this service. It is foolhardy to take away money from home helps, who play an extremely important role in keeping people comfortable and happy and ensuring that they can remain in their own homes and neighbourhoods. The amount it costs to put someone in a nursing home dwarfs that which is required to provide them with home help. It is about time those in the HSE removed their blinkers.

It is generally accepted that the working hours of home helps are not constant. In that context, some home helps could be offered redeployment if there was a reduction in their hours. This would mean that the HSE would not be obliged to engage in expenditure relating to agency work. The home helps and their trade unions are prepared to be flexible and adaptable but the HSE has been obstinate. Home helps are being treated as third-class workers. Some of them have been sent home, while others have been informed that they are on zero contract hours. A unilateral decision was taken to reduce their hours of work without any consultation whatsoever. This is 2012, not 1912. Home helps are surely entitled to be protected under the Croke Park agreement. In that context, there should be no displacement of their pivotally important work.

Home helps possess many skills. Some of them might have the necessary skills to allow them to work in the hospital service or they could share their hours of work between community and hospital services. However, they are not being afforded any recognition of the central role they play in the provision of health services.

It is disconcerting that the HSE has engaged - at great cost to itself - to privatise the home help service. I have seen the figures in this regard. We must ask whether the dilatory behaviour in which the HSE is engaging is part of a programme it has adopted in order to facilitate its agenda of privatising the home help service to a greater degree. Home helps employed by the HSE have been left with no safety net and are not being afforded equality of treatment. The latter is important. The HSE has blatantly resiled from implementing the guarantee of income clause which is set out in the agreement to which I refer. Surely home helps employed by the HSE are entitled to contracts of employment which reflect the hours they work. The HSE must honour the contractual arrangements in place and we must ensure work for the number of hours specified in contracts is provided.

We all know the value of home helps. They provide an invaluable service to older and vulnerable persons. I do not want to see a continuation of what has been happening to them, namely, the HSE outsourcing their work to the private sector. The HSE's actions in this regard have been greatly assisted by the fact that its home helps do not have meaningful contracts. It is past time the HSE behaved with the decency and decorum one would expect of any reasonable employer, especially a State employer. Its behaviour to date in respect of home helps has been less than stellar. On the contrary, it has been shameful.

Alex White (Dublin South, Labour)
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I thank the Deputy for raising this important issue. I wish to acknowledge his strong and impressive track record on the issue of carers and home helps for many years. As the Deputy noted, I had some experience of the Labour Court in a previous professional life. I was often - as I am sure he was - at the receiving end of its various recommendations, not all of which were favourable to those whom I was representing. I very much value the court and the industrial relations machinery of the State - both of which are important - and I would always encourage engagement with them.

I value the importance of the Labour Court and the industrial relations machinery of the State. I encourage all parties at all times to engage with those institutions.

My Department and the HSE recognise the importance of home help and home care in supporting older persons to live in their own homes and communities in accordance with Government policy. The HSE directly employs about 4,000 home helps. The number of hours worked by these staff varies according to service needs given that the home help service requires a unique set of arrangements to achieve the level of flexibility required.

The HSE has announced a reduction in the provision of home help hours as one of a number of measures required to address the current budget deficit, subject to home help services continuing to be available to those assessed as requiring them. A national contract of indefinite duration for home helps employed by the Health Service Executive was agreed in 2006 with the relevant trade union as part of the work of the high level group established to review home help services. The contracts of home help workers employed by the HSE have been the subject of further deliberation, including Labour Court consideration in the interim years.

As the Deputy mentioned, the terms and conditions of home helps employed by the HSE were covered by an agreement negotiated with the representative unions in 2009. On 29 June 2012, the Labour Court recommended that the HSE and SIPTU should engage on matters concerning home help contracts and in the event of there being any outstanding issues which could not be agreed that these would be referred back to the court. The HSE engaged with SIPTU and advised that as part of the process it would be undertaking an information-gathering exercise to ascertain the up-to-date position on the nature of the contracts held by home helps and the hours worked. This exercise is in train.

On 15 October 2012, having met with the parties again, the Labour Court recommended that the parties should re-engage under the auspices of the Labour Relations Commission and that this process should be completed by 30 November 2012. To assist the parties the court has identified the following issues to be considered: mechanisms to define specified hours; a protocol to be followed where specified hours are not met; qualifications for re-deployment; the question of privatisation, the use of agency providers and the establishment of financial data.

I fully appreciate the difference that quality home care can make to individuals and their families. It is widely acknowledged, both in Ireland and internationally, that the home help service is one of the key services in the community care of older people. The Government will make every effort, despite significant resource pressures, to protect front-line home support services for vulnerable older people.

Willie Penrose (Longford-Westmeath, Labour)
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I take everything the HSE says with a pinch of salt and a very good sprinkling of salt. The LRC agreement of 29 June indicated that the parties should enter into meaningful discussions on finalising a new agreement which should have been completed within one month of the date of recommendation, 29 June 2012. Allowing for the August holiday period, it should have been completed by the end of September. I hope the chairperson of the Labour Court takes this on board and moves ahead in the absence of the HSE. If the HSE does not come back by 30 November, I will be back here to ask about it in the House. The HSE will do everything to shilly-shally its way out of an agreement. I will not allow home helps across this country to be treated in a way that we had to fight against in the lock-out. The Minister of State will appreciated the historical import of the lock-out. It is time that the gloves come off. The HSE has been warned. It should become involved in the process in a meaningful way with people of stature and seniority who can conclude the agreement. The unions are prepared to be flexible as are the workers. They are even prepared to suggest solutions such as clustering of home help recipients so that a home help is not travelling ten miles to deliver the service but will stay within three or four miles. There are lots of money-saving suggestions. I agree that money is important but so are people's livelihoods and so are 39-hour contracts. People have families to rear and they cannot afford to have 20 hours taken away from them. I know the Minister of State has a particular interest in this area but I am sure he will expect there will be an agreement concluded by 30 November.

Alex White (Dublin South, Labour)
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I have been assured that the HSE is working towards positive engagement at the Labour Relations Commission by the end of November, as the Labour Court recommended. The court has seisin of the issue at the moment so I do not think it would be appropriate to comment further given that the issues are being dealt with in that manner through the Labour Court. The date of 30 November is not too far away and it looms for all the parties.