Darragh O'Brien (Fianna Fail) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit. I thank the Minister of State, Deputy McGinley, for coming in to take this matter. I will be as brief as I can. Labour Court Recommendation 19550 relates to approximately 4,100 home care workers who worked in non-profit making organisations, the majority of which were funded by the HSE in the home help sector. The Labour Court recommendation stated: "Having considered the submissions put to it on this case, the Court is of the view that the best way to deal with the matter is by way of a Gratuity Scheme based on 4.5 weeks' pay per year of service." This relates to the fact that previous Labour Court recommendations had effectively bestowed upon workers in the sector the same rights as direct employees of the HSE. There are other recommendations with regard to sick pay which have not been dealt with yet either but I am dealing with this issue specifically. It relates to approximately 4,000 workers represented by SIPTU an approximately 80 others represented by IMPACT.

I wrote directly to the Minister for Health and the parliamentary affairs division of the HSE. This issue is relevant to several agencies, including Fingal Home Care, which I am representing, and workers in that sector who worked between 2000 and 2008. The reply from the HSE stated that a number of agencies submitted the requested data to the HSE and that the information was subjected to meetings both internally and with colleagues in the Department of Health and the Department of Public Expenditure and Reform. Unfortunately, the HSE indicated that is was not in a position to fund the significant costs which arose nor was any additional funding made available for it to do so. That position was advised to both staff representatives and agencies in 2012. The HSE concluded by stating that due to current financial constraints the position remains.

I have a small degree of sympathy for that case but the fact remains that there are several thousand workers who have made contributions and who are entitled to average payments of between €12,000 and €15,000 for up to eight years of service within the sector. They are entitled to these payments and two Labour Court recommendations have reaffirmed as much. Most of these workers have retired from the sector but they had relatively low-paid jobs, earning anything between €9 and €11 per hour, and therefore the average payment of approximately €12,000 is significant to them. It is within the gift of the Department of Health and the Minister to affirm the recommendation and to pay the moneys. The moneys are due to these workers and they are entitled to them for the period 2000 to 2008.

I have taken up the case of and met approximately 90 workers in my area of Fingal, Dublin, but this is relevant throughout the country. It is not only relevant to Fingal but I am starting on that premise.

The payment is not significant in the context of the overall health budget. The money is owed to these workers who have worked at the front line of the health services. All of us fully recognise the great work that home help workers carry out and the value of that work. If we recognise the value of the work they do, surely they are entitled to the gratuity payment that has been affirmed by the Labour Court. I am keen to hear the response of the Minister of State and I thank him again for coming in to take this matter.