Ruairi Quinn (Dublin South East, Labour)
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Question 169: To ask the Minister for Health and Children the Government's position on EU Commission Infringement 2004/5152 regarding equal treatment in employment; her views on whether the people's prior experience in professions in other EU countries should be taken into account when applying for posts here; the steps she intends to take to reassure the Commission on this matter; and if she will make a statement on the matter. [32044/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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EU Commission Infringement 2004/5152 deals with the calculation of salary on the staff nurse pay scale, in particular the appropriate incremental point when experience gained in other EU countries is taken into account. The ruling, which is called a Reasoned Opinion, was addressed to Ireland by the Commission under Article 226 of the Treaty on 19 December 2005.

All EU citizens are currently entitled to receive equal treatment with Irish nationals in regard to employment in the Irish public health service. Registered nurses, regardless of nationality, receive incremental credit for genuine nursing experience gained anywhere in the world. This has been the position since 1998.

However, this particular case relates to service as a State Enrolled Nurse (SEN), a grade employed in the UK's health service. The SEN qualification is not recognised as a nursing qualification under Irish legislation, as training for it is deemed insufficient to qualify as a nurse registered with An Bord Altranais.

The complaint referred to the EU was made by a nurse employed in the public health service. She argued that experience acquired in the United Kingdom as a SEN, before she was qualified as a Registered General Nurse, was not taken into account in the calculation of her salary by her Irish employers. She was seeking recognition for incremental purposes of her service as a SEN in the UK for a period of over 16 years.

The Rights Commissioner Service and the Labour Court, who adjudicated on the claim in 2004, both found that management was within its rights not to recognise periods of service as a SEN in the UK for incremental credit purposes.

This case was subsequently referred to the EU Commission who found, under Infringement No. 2004/5152, that Ireland had failed to fulfil its obligations under Article 39 of the European Community by not making a comparison between the experience acquired by a worker in the UK, and the type of experience acquired in Ireland, in calculating the salary of registered general nurses. The ruling does not deal with the application process or eligibility conditions for posts in the public health service.

I have accepted the EU ruling and my Department has informed the Health Service Executive — Employers Agency of the outcome of the complaint. The HSE-EA is arranging for a circular letter on the matter to issue very shortly to all public health service employers. The circular will direct that incremental credit be granted on appointment as a Registered General Nurse, on the basis of one increment for every three years service as a SEN, with a seventh increment being given for twenty years service. The EU Commission have been informed accordingly.