John Brassil (Kerry, Fianna Fail)
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I thank the Office of the Ceann Comhairle for selecting this issue for debate. Had the HSE agreed and implemented what it said it would do there would be no need for me to raise this particular issue. I have discussed it with numerous staff in Kerry, and the issue relates in particular to the Cork and Kerry region where little or no progress has been made on implementation of the agreement.

As part of the agreement, from now on home help workers will be referred to as healthcare support assistants. On 1 October, I asked the Minister for Health the status of the provision of new contracts to HSE home help staff, the timeline for completion and whether he is satisfied with the progress on it. I received a very comprehensive reply. I was told the contracts for home help staff are being rolled out, rostering arrangements will be put in place and the work will be completed by March 2019. I remind the Minister of State the agreement was put in place under the auspices of the WRC through engagement between SIPTU and the HSE. The key provisions of the arrangements are that there will be an increase in contracted hours for more than 90% of the home support staff if they choose to accept the HSE's offer, there will be a change in title from home help worker to healthcare support assistants to better reflect the nature of the service being provided, rostered arrangements will be introduced to give staff greater certainty regarding their hours of attendance, with travel time factored into these arrangements, and there will be an assignment of work bases.

Unfortunately, as of last week, little or no progress had been made, which forced the union to ballot staff members on strike action and an overwhelming majority of members voted in favour. I understand some progress was made late last week on foot of this and further commitments have been made. I understand the strike action has been put on hold subject to last Friday's agreement being implemented.

There has been some progress throughout the country but not enough. As I represent the Kerry region, and this reflects specifically the Cork and Kerry region, I ask the Minister of State to give me a commitment for once and for all that the WRC agreement will be implemented in full and the outstanding issues will be resolved, which will give healthcare support assistants the necessary terms and conditions they deserve. As the Minister of State knows, they provide an invaluable service in their communities and without them the already strained healthcare system would be further undermined.

Finian McGrath (Dublin Bay North, Independent)
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I thank Deputy Brassil for raising this very important issue and I am happy to clarify the position. By way of background, in April 2014, following a Labour Court recommendation, the HSE implemented new contracts for its directly employed home help staff. These contracts provided each home help with a guaranteed minimum number of hours per week and a guaranteed income each week with work assignments managed in a reasonable way to meet the needs of clients over the course of 12 months. This new contract was regarded by staff unions and management as a positive development for HSE employed home helps.

More recently, in 2017, the HSE engaged with SIPTU under a WRC conciliation to review current home help staff contracts. This review was provided for in the 2014 home help agreement. The aim was to ensure that contracted arrangements reflect the needs of the service, to maximise contracted hours for HSE directly employed staff and to take further steps towards professionalising the home support service. The agreement, under the auspices of the WRC will provide for an increase in contracted hours for more than 90% of home support staff if they choose to accept the HSE offers; a change of title from home help worker to healthcare support assistant to better reflect the nature of the services being provided; the introduction of rostered arrangements to give staff greater certainty regarding their hours of attendance, with travel time factored into these arrangements; the assignment of work bases; and a requirement that all new home help staff should possess, on recruitment, the minimum qualification equivalent to a relevant QQI approved major award at level 5 or higher.

While this agreement involves home help staff who are represented by SIPTU, the agreement will also have implications for the direct line managers of home help staff, the home help co-ordinators. These co-ordinators are represented by Fórsa. In particular, I understand the co-ordinators are concerned about the impact of this new contract on their role and responsibilities. I understand the HSE has met Fórsa at national level regarding the co-ordinators' concerns about the impact of the home help contract review and the HSE has made a number of proposals to address their concerns. These include the introduction of an IT system to assist in the production of rosters and an examination of the role and function of the home help co-ordinators under the clerical and administration job evaluation scheme. A review of the structure and supports of the role was also proposed. I understand that Fórsa has agreed to these proposals. I am advised that there was a specific issue relating to CHO4 with regard to briefing sessions for staff of the home help services getting under way. However, these have since been resolved and the HSE has informed me that these briefings are to commence this week.

John Brassil (Kerry, Fianna Fail)
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The reply of the Minister of State is almost identical to the reply I received on 1 October but, unfortunately, no progress has been made. Hence the ballot for strike action took place. It is ironic that the last line of the Minister of State's reply states he has been advised there was a specific issue relating to CHO4, which is the Cork and Kerry area, and these issues have since been resolved by the HSE. They might be resolved in the minds of the HSE but they are certainly not resolved in the minds of the healthcare support assistants. This is why I am raising the issue in a Topical Issue debate.

I will point out again the key issues that need to be resolved. No contracts have been offered to the healthcare support assistants as yet. There is no recognition of travelling time. No rostering is in place and the Organisation of Working Time Act is being continually broken. We are asking people to work under conditions that break the Organisation of Working Time Act which, in my opinion, is unsafe and unfair. There has been no evaluation of their hours. As I have stated, no break time is given and they are entitled to break time as is every worker. I plead with the Minister of State for once and for all. These people provide an invaluable service to our health system. Rather than the HSE giving the Minister of State assurances that things are in place when, in fact, they are not, will he follow this up and make sure the HSE does what it has promised to do and implement what is a WRC recommendation?

Finian McGrath (Dublin Bay North, Independent)
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The Deputy raised five key points relating to the contracts, travel time, rostering, the Organisation of Working Time Act being breached and the evaluation of hours. Of course, I will follow up on them and find out the latest position. I accept the Deputy's point that home helps provide an invaluable service to the most vulnerable members of our community, enabling the elderly and those suffering from chronic bad illnesses to remain in their homes and feel comfortable, safe and valued. There is no difference between us in this regard.

Since 2017, the HSE has engaged with SIPTU under a WRC conciliation process to review home help staff contracts. This review was provided for under the 2014 agreement. Understandably, home help co-ordinators who are represented by Fórsa - which is part of the problem - are concerned about the impact of the new agreement on their role and responsibilities. I welcome the fact that all parties are working together to progress matters and there has been ongoing engagement with Fórsa in this regard. I believe the proposals that have been put forward by the HSE to Fórsa, which have been accepted, will assist in allaying these concerns and ensuring that new contracts can be agreed and rolled out. However, I will bring the Deputy's concerns about the contracts, travel time, rostering, breaches of the Organisation of Working Time Act and the evaluation of the hours to the attention of the Minister.