Brian O'Shea (Waterford, Labour)
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Question 15: To ask the Tánaiste and Minister for Health and Children the position regarding the application of the European working time directive to non-consultant hospital doctors; if the directive is being implemented in all hospitals; if she will report on the impact on staffing rosters in hospitals; and if she will make a statement on the matter. [4208/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The provisions of the European working time directive as it relates to the working hours of doctors in training came into force on 1 August 2004. The relevant provisions were transposed into Irish law by way of the European Communities (Organisation of Working Time) (Activities of Doctors in Training) Regulations 2004.

Employers and the Irish Medical Organisation have been engaged in discussions for some time under the auspices of the Labour Relations Commission, LRC, to advance proposals to effect a reduction in the working hours of non-consultant hospital doctors to conform with the provisions of the European working time directive, EWTD. While some progress has been made, much remains to be resolved. The LRC has requested that both parties refrain from engaging in any form of unilateral action for the duration of the negotiation process.

As a result, as of 1 August 2004, health employers have not acted unilaterally to achieve full compliance with the EWTD. In many sites around the country, the introduction of new rosters would facilitate significant progress towards EWTD compliance while maintaining safe patient care and existing levels of service provision. However, health employers, in response to the request of the LRC, are at present awaiting agreement between management and the IMO at national level before proceeding.

The ability of the Health Service Executive to effectively implement the European working time directive for the benefit of all NCHDs is dependent on the full co-operation of the Irish Medical Organisation at both national and local level. This process was delayed for some time in the absence of agreement by the IMO to the establishment of local implementation groups in each hospital and a national implementation group to co-ordinate and direct the work of the local groups. However, agreement was finally reached with the IMO in late 2004 to the establishment of nine pilot sites. The work by the local groups at these sites is progressing with a view to developing plans for the full implementation of the directive.

Local implementation groups at nine pilot sites are examining local implementation issues and developing plans for the full implementation of the directive. Included in these pilot local implementation groups are representatives of consultants, local representatives of training bodies, NCHDs, nurses, management and other grades. The work of the groups is well underway and it is intended that they will document how measures to reduce or reorganise NCHD hours can best be implemented. Action can then be taken on foot of this information when the industrial relations issues have been resolved.

The next stage in their work will be a comprehensive analysis of hospital activity. The data gathered from this exercise will provide information to assist the local groups in examining the activity levels of NCHDs and determining how best to match resources against activity levels in the context of EWTD requirements. Further negotiations on issues relating to industrial relations matters will take place under the auspices of the LRC, aided and informed by the information compiled by these pilot local hospital groups.

In addition, both sides have accepted a proposal made by the LRC on 7 February 2005 for the establishment of a national implementation group, which will have membership from the Department of Health and Children, the Health Service Executive, the Irish Medical Organisation, the Irish Hospital Consultants Association, the Postgraduate Medical and Dental Board, the Medical Council, the postgraduate medical training colleges and representatives of nurses and other health care professions. This group will co-ordinate the work of the existing nine pilot hospital local implementation groups, issue agreed guidance on issues related to the implementation of the EWTD and assist in the development of local implementation plans.

Finally, management and the IMO have also agreed to recommence substantive negotiations on the NCHD contract. The next meeting in this regard has been arranged by the LRC for 16 March 2005. In this context, I am hopeful that early progress can be made in resolving outstanding issues so full implementation of the directive's requirements can proceed without further delay.