Jackie Healy-Rae (Kerry South, Independent)
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Question 393: To ask the Minister for Health and Children her views on making an exception to the issues raised by the INO in regard to the serious issues now affecting nurses and midwives in relation to agreements and settlements within the public service outside of the benchmarking process; and if she will make a statement on the matter. [5215/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Irish Nurses Organisation (INO) and the Psychiatric Nurses Association (PNA) are pursuing a number of cost increasing claims in respect of pay and conditions of nurses and midwives.

The claims were heard by the Labour Court on 20 June 2006 and a recommendation (LCR 18763) issued on 9 November 2006. In its recommendation the Labour Court noted that the social partnership agreements have brought significant benefits to workers, employers and to the economy overall and they provide a fair mechanism within an agreed framework by which workers can obtain improvements in pay and conditions of employment. The Court did not recommend concession of the major cost increasing pay claims. Instead the Court urged the Unions concerned to reconsider their position with regard to Benchmarking so as to have their pay claims examined through that process.

In relation to the claim for a reduction in working hours from 39 to 35 hours per week, the Court stated that concession of this claim at this time would have profound consequences for both health care delivery and costs unless effective countervailing measures could be put in place. The Court did recommend that the parties should jointly explore the possibility of initiating an appropriate process aimed at achieving major reorganisation of working arrangements and practices within the health service generally. The Court also stated that such an initiative should take account of and support existing development involving other groups. It held the view that if such a programme of change could be successfully implemented, the efficiencies, cost savings and other benefits accruing may allow this claim to be processed within a reasonable timeframe to be agreed between the parties.

I would emphasise that the Labour Court Recommendation has been accepted by the Health Service Employers but regrettably the Unions have stated that they neither accept or reject the Labour Court Recommendation.

As Minister for Health and Children I would like to place on record that I hold the nursing and midwifery professions in high esteem and view the care they provide to patients as a critical component of our health services. The Government has agreed with the Irish Congress of Trade Unions a basis on which pay and conditions for the public service as a whole should be managed and the Benchmarking Body has been established to provide an objective means of assessing the appropriate pay for particular groups or professions. The Benchmarking Body is due to report in the second half of the year and is in a position to review the issues that the nursing unions feel strongly about. I believe that a solution to the current dispute can be found within the context of the Labour Court Recommendation and the prevailing national agreements. In this regard I arranged for exploratory discussions to be held between all the parties concerned at the offices of the HSE-Employers Agency on 19 January 2007. While I understand the discussions provided clarity as to the respective positions of the parties the meeting adjourned without agreement on the way forward.

On 2 February 2007, in accordance with "A Framework for Dispute Resolution in the Health Services", the INO and PNA served twenty one days notice of industrial action to the Health Service Executive and related agencies. I am disappointed that the Unions concerned have resorted to the industrial action contained in that notice.

I would urge the Unions to give further consideration to the course of action and the proposals contained in the Labour Court Recommendation. I believe that this is the most appropriate means by which the nurses claims can be addressed.

I remain hopeful that a resolution to this dispute can still be found. I firmly believe that the Labour Court's Recommendation in respect of the reduction in working hours should be followed. I also believe it remains open to the INO and PNA to enter the Benchmarking process and have their claims for pay increases processed through this forum. Two other unions, SIPTU and IMPACT, which also represent nurses are currently participating in the Benchmarking process and have made a submission for improvements in pay and conditions on behalf of their members.

In addition the INO and PNA could also decide to accept the national agreement, Towards 2016. If they accept this agreement their members would be eligible for pay increases of 10% as provided for in that agreement.