Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I thank the Leas-Chathaoirleach for his kind words and Senator Carrigy for raising this matter. At the outset, I wish to acknowledge the important services provided by St. Christopher's Services in Longford and the commitment of its staff to people with disabilities and their families. St. Christopher's is a service with which I am very familiar. Several Oireachtas Members have highlighted the important work of the service and what it means to the people of Longford and the surrounding area. It has a long and well-established track record of working with people with intellectual disabilities in the county. Residential services are provided by St. Christopher's to more than 35 service users by way of supported living, independent living and health and social care. As the Senator rightly outlined, day services are provided to more than 140 service users. It also delivers respite services through various models to approximately 50 adults and 14 children.

St. Christopher's Services is a non-statutory organisation funded by the HSE under section 39 of the Health Act 2004. In 2019, it received more than €9.8 million in funding from the HSE. The HSE expects the final funded position in 2020 to exceed that figure. As the Senator will be aware, the HSE is not the sole source of funding for the organisation. I understand that it also receives funding from the Department of Education in respect of St. Christopher's Special School, well as through other channels including fundraising and support from the parents and friends of the organisation. Funding is provided by the HSE for the provision of services in accordance with the terms of the service arrangement agreed yearly with the organisation and is underpinned by section 39 of the Health Act 2004. Organisations funded under that section of the Act receive grant assistance from the HSE to provide services similar or ancillary to services the HSE may provide. This is different from section 38 organisations, which enter into an agreement with the HSE to provide health or personal social services on behalf of the HSE. As of now, there is no established procedure or means by which an organisation can cease to be a service provider funded under section 39 of the Health Act 2004 and become a service provider under section 38 of the Act. Furthermore, section 39 services extend beyond those that provide services for health and social care. As such, changes in the status of such organisations may have broader implications for the State.

Service level agreements are a governance matter for the HSE and the relevant section 39 agency. The Department makes no decision on these matters. In the event of a dispute between the HSE and a section 39 agency, the parties are expected to resolve those differences through mechanisms set out in the service level agreements. I am told that St. Christopher's Services was one of the 50 pilot organisations party to the Workplace Relations Commission, WRC, agreement reached in October 2018 with regard to pay restoration for section 39 organisations. I understand that the WRC pay restoration process for the organisation is completed. Issues surrounding staff pay with regard to section 39 organisations such as St. Christopher's are a matter for those organisations to resolve internally.