Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

I am taking this Commencement matter on behalf of the Minister of State, Deputy O'Donovan. The OPW employs approximately 2,500 staff across a wide range of craft, technical, administrative and management disciplines, and all OPW staff have essential roles to play that bring great value to those availing of OPW services across a number of work programmes. The OPW manages in excess of 2,400 properties on behalf of the State through the estate management programme, which includes some of Ireland's most significant heritage properties, monuments, gardens and arboretums.

Under its flood risk management brief, the OPW continues to co-ordinate Ireland's whole-of-government approach to managing Ireland's flood risk to reduce to the greatest extent possible the impact of flooding on families and businesses in communities known to be at risk from flooding. This work is largely carried out by State industrial employees and makes a significant contribution to the health, enjoyment and well-being of the public, particularly in recent times. The Minister of State, Deputy O'Donovan, pays tribute to these staff, who maintained a full service for client Departments and the general public during the pandemic.Parks and heritage sites provided much-needed relief from the restrictions, and essential building and engineering services allowed Departments and local authorities to continue to deliver critical functions throughout the pandemic.

At peak season, the OPW employs approximately 1,400 full-time and seasonal State industrial staff in drainage, maintenance, visitor services, flood relief, hydrometrics, national historic properties, national monuments and the President's household staff. State industrial staff are employed in essential roles at many sites including the Houses of the Oireachtas, Farmleigh House, the Phoenix Park and Dublin Castle. They work various shifts. Some shifts are five days over seven and some sites are manned over 24 hours.

The non-established grade employment contracts, which the Senator mentioned, in the OPW are technically classified as industrial employees and are recruited to the OPW in a non-established capacity. I understand that they enjoy the same terms and conditions as industrial employees in other areas of the civil service. A non-established State employee or industrial employee is a person employed in a whole-time capacity by a Department or office who is not an established civil servant.

Non-established State employees are not covered by the Civil Service Regulation Act 1956. State industrial employees are regarded as those grades designated under section 23(3) of the Industrial Relations Act 1990. State industrial employees are excluded from the Civil Service conciliation and arbitration scheme but are covered by the range of general employment laws and have access to the Workplace Relations Commission and the Labour Court on matters of pay and conditions.

The OPW continues to follow Department of Public Expenditure and Reform, DPER, guidelines on the employment classification of non-established industrial staff. The policy is a matter for the Minister for Public Expenditure and Reform and is not something the OPW has any authority to change. This also applies to all other public service bodies with State industrial staff. The Senator mentioned a delay with regard to DPER. This is a matter for DPER. The OPW does not have authority to change it. I suggest it may be worthwhile for the Senator to correspond directly with DPER or the Minister for Public Expenditure and Reform who may be able to give her further detail on her queries.