Dáil debates

Thursday, 11 April 2019

Saincheisteanna Tráthúla - Topical Issue Debate

Industrial Disputes

4:50 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Ambulance personnel who are members of the Psychiatric Nurses Association, PNA, mounted a sixth day of action yesterday in their continuing campaign to be able to join and be represented by the PNA as their union of choice. The next step of their campaign will be determined when the PNA ambulance branch, the National Ambulance Service Representative Association, NASRA, holds an extraordinary meeting on Thursday, 18 April to consider a further escalation of their industrial action. There are over more than PNA ambulance branch members including paramedics, advanced paramedics and emergency medical technicians, all of whom are determined to achieve their goal, namely, the fundamental right to be represented by the union of their choice. These members totally reject the continued efforts by the HSE to force them to be members of unions they do not want to join. Individuals and groups have a right to choose the trade union they want to represent their interests and to engage in collective bargaining on their behalf.

The Taoiseach has attempted, sadly, to characterise this issue as an inter-union dispute. That is false. The Taoiseach is purposely seeking to misrepresent this dispute. The PNA and NASRA are not in dispute with any other trade union. Nine years ago ambulance personnel decided to organise a branch within the PNA to represent them and this number now stands at greater than 500. What steps have been taken by the Government and the HSE leadership to resolve this dispute? Is the Minister for Health going to allow a situation continue where ambulance personnel have been forced out on strike due to a very solvable dispute? The Minister should talk to the HSE and do the right thing and we have far more pressing issues within the health service to deal with. He should recognise the PNA and NASRA, let these workers pack away their picket line banners and placards, and let them return to their ambulances, proud of the job they do and proud of the union that represents them.

5:00 pm

Photo of Joan CollinsJoan Collins (Dublin South Central, Independent)
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This issue has been brought up on the floor of the Dáil possibly every week in recent weeks. That is reflective of how unjustifiable Members feel it is that these workers are not getting the chance and the recognition to join the union of their choice. The PNA branch went on strike yesterday, which was the sixth strike it has had in recent months and it had an action day on 27 March outside the Dáil. It has full support right across the board from other trade unionists to the wider public. Prior to this strike, the HSE ignored the clear indication from the Minister for Health, Deputy Harris, in the Dáil, that he wanted this issue dealt with by negotiation rather than by confrontation. A number of Deputies, namely, Deputies Ó Caoláin, Barry, Broughan, Pringle, Gallagher and myself, wrote a cross-party letter to the Minister looking for a meeting to try to tease this out with him. We have not had that meeting yet and I have been asking the Minister over the last week and a half to have that meeting to try to move it on in order to have some sort of resolution to this. The HSE has no right, legally or otherwise, to not recognise this union. It is not an inter-union dispute. The NASRA branch of the PNA is not having a dispute with any other union but 500 members were out on strike yesterday. That is more than what the Service, Industrial, Professional and Technical Union, SIPTU, or Fórsa, the other two unions, have in their membership. This is a basic right for the workers to be represented by a union of their choice. We need that to be recognised. I would urge the Minister to do what he did in the background with the Irish Nurses and Midwives Organisation, INMO, and the PNA and instruct the HSE. The HSE has been invited by the Workplace Relations Commission, WRC, three times to have discussions and it has refused to do so. It has refused to speak to the workers on the dispute as well.

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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On behalf of the Minister, I thank Deputies Ó Caoláin and Joan Collins for raising this issue today. As we all 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 five dates since the action initiated on 22 January. NASRA members again engaged in industrial action for a sixth day yesterday. By way of background, members of NASRA represent approximately 350 front-line ambulance personnel out of a total National Ambulance Service workforce of 1,800. I understand that they are mostly based in Cork, the south east and Tullamore.

The HSE and the National Ambulance Service, NAS, have confirmed that again, robust contingency was in place to ensure that there was no risk to the health and safety of our health service users yesterday. The HSE has confirmed that full emergency cover was provided during the action. This means that all emergency calls were responded to. In addition, the National Ambulance Service put robust contingency arrangements in place to provide additional emergency cover. The Defence Forces also made crewed ambulances available, 15 of which were deployed. The intention, as previously, is to minimise any disruption and to ensure that patient safety is not compromised.

As with the other dates of industrial action, National Ambulance Service management closely monitored service demand and delivery. The NAS has confirmed that there was no negative impact on the ability of the service to provide patient care and service delivery during the industrial action. What this means is that there were no adverse incidents. It is important to again state the factual position 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. Also, 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 for ambulance personnel. The PNA, which is a non-Irish Congress of Trade Unions, 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 the Union also represent ambulance grades. The HSE deducts subscriptions at source for those ambulance staff who are members of SIPTU, Fórsa and Unite the Union. 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, Deputy Harris, has asked his officials to engage with HSE management to explore ways forward to see if a resolution to this dispute can be progressed. These discussions are ongoing. However, as of today, the fact remains that the PNA does not have negotiating rights for ambulance grades.

The last paragraph of the reply is on how officials are engaged in exploring the dispute. This is the answer I have been given but I will revert back to that in a moment.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Thursday is the Minister of State's day.

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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It is.

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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RTÉ has "Claire Byrne Live" but Leinster House has the Minister of State, Deputy Catherine Byrne, show every Thursday for Topical Issue matters. I do not say that in jest, I say it because it is wrong that the Minister himself has not presented to deliver his own script. I have to say I am exasperated reading what we already know and the points we have already made. We heard that the National Ambulance Service Representative Association, NASRA, is a group which is not recognised by the HSE, that the legal position is very clear that the HSE and the National Ambulance Service have no obligation to recognise NASRA or the PNA for ambulance personnel, that the Minister has asked officials to explore the way forward and that the fact remains that the PNA does not have negotiating rights for ambulance grades. The bottom line is that this response tells us nothing that we did not already know. What we are asking for is the Minister to make a direct intervention to recognise that the NASRA branch of the PNA represents at least the second largest body of ambulance personnel in this State and they deserve respect and recognition, full stop.

Photo of Joan CollinsJoan Collins (Dublin South Central, Independent)
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I am also very disappointed. It is the standard reply that we have been getting even though we were hoping that this was moving on behind the scenes in at least having some sort of negotiation with the officials and representatives from the PNA.

NASRA represents nearly 500 members. When the HSE stopped collecting the dues from members' pay, it had about 350 members. Another 150 to 200 joined since but cannot be recognised by the HSE. NASRA has been in with the WRC up to the last number of weeks, negotiating and representing members but the HSE has not even spoken to the workers, the branch or the PNA about contingency plans. Those workers have put those contingency plans in place themselves, without the HSE engaging in any shape or form. This needs to be moved on and, as has been said by Deputy Ó Caoláin, there has to be direct intervention by the Minister into this dispute to try to resolve it through negotiation and not confrontation.

Photo of Catherine ByrneCatherine Byrne (Dublin South Central, Fine Gael)
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I was going to read the concluding points from the reply but there is no point because they are basically part of what I said at the outset.

I assure the Deputies that while it might be Thursday and it might be my day, I willingly take on the duties on Thursday. I happen to be here and I apologise that the Minister could not be here. I will go back to the Minister and reiterate some of the questions the Deputies have asked, particularly around the fact the Minister has asked officials to engage with the HSE and management to explore a way forward. I do not know whether or not that has happened as I am just reading what is in the reply. I would have thought it would have happened by now if the Minister has asked for it to happen. Having said that, I note also that Deputy Joan Collins said representation had been made to the Minister, Deputy Harris, to meet some of the Members here as well. I will bring that back to him but that is as much of an answer as I can give. I apologise again to the Ceann Comhairle and the Deputies but my script does not allow me to make any other interventions.