Martin Mansergh (Tipperary South, Fianna Fail)

I thank Senator McFadden for raising this matter, which I am taking on behalf of the Minister for Health and Children, Deputy Harney. I do not doubt what the Senator said with regard to the value and importance of the services on offer at Portiuncula Hospital and people's concerns in respect of possible reconfigurations. I am familiar with these matters as a result of events in the area I represent.

The issue raised by the Senator relates to an internal operational matter at Portiuncula Hospital, which is managed by the HSE. However, the Department of Health and Children has been informed by the HSE that concerns were raised by senior nurse management in respect of communication, morale and working relations. Hospital management engaged a third party to undertake a review that would include recommendations, as appropriate. This approach was agreed with the Irish Nurses Organisation, INO, which advised its members to participate in the process.

The HSE also informed the Department that failure to comply with an instruction from the general manager to two assistant directors of nursing to participate in the review resulted in the disciplinary procedure being invoked. On appeal to the director of the National Hospitals Office, the complaint of insubordination was upheld with a lesser sanction and the staff were asked to return to work on 10 November 2008. On that date, the staff in question informed management that they were on sick leave. Industrial action by the INO commenced on 17 November and was lifted on 24 November following agreement by the INO and the HSE on two matters, namely, an independent review of the HSE disciplinary procedure in this case, with recommendations for future situations, and the appointment of an agreed mediator to manage an orderly return to work for those assistant directors of nursing involved. Mediation hearings were held on 9 December 2008 and 12 January 2009. These were organised by the Health Service Executive employers agency but they have not proven successful to date.

The return to work of the assistant directors of nursing has been hindered by the insistence of the INO that all records of disciplinary sanction be removed from the files of the assistant directors of nursing and that no disciplinary action should be taken against three other assistant directors of nursing who had also refused to attend a meeting as instructed and who also went on sick leave in November 2008. Management's position is that this request is outside the terms of the November agreement. HSE management has contacted the INO and confirmed its intention to attend conciliation with a view to securing an acceptable accommodation which will allow for the orderly return to work of the five assistant directors of nursing.