Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 196: To ask the Minister for Health and Children the progress made in implementing the European working time directive for non-consultant hospital doctors; the manpower implications this will have on small hospitals; and if she will make a statement on the matter. [24508/09]

Mary Harney (Dublin Mid West, Progressive Democrats)
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In the context of the current economic difficulties and in accordance with a recent High Court settlement agreement between the Irish Medical Organisation (IMO) and the Health Service Executive (HSE), a two phased process is underway to reduce the working hours of non-consultant hospital doctors (NCHDs) to comply with European Working Time Directive (EWTD) requirements to increase flexibility in the working day of NCHDs and to achieve other cost containment measures including a reduction in NCHD overtime.

The first phase of talks under the auspices of the Labour Relations Commission (LRC) concentrated on the introduction of EWTD compliant work patterns, rotas, rosters and on-call arrangements and ended on 22 May, without agreement. Under the terms of the settlement agreement outstanding issues were referred to the Labour Court for adjudication. On 15 June 2009 the Labour Court made the following recommendations:

• NCHDs should undertake to operate 5/7 working with effect from 1 July 2009.

• The core working day should run from 8am to 9pm Monday to Friday and from 8am to 7pm at weekends.

• The minimum length of a shift should be six hours Monday to Friday and 5 hours at weekends.

• The number of rostered weekends will be kept to a minimum.

• The total daily working hours should not be less than six hours (weekdays) / five hours (weekends) and not more than 13 hours (weekdays) / eleven hours (weekends)

• The new rostered working arrangements are to be introduced from 1 July 2009.

The effect of the Labour Court Recommendation would mean a reduction in long hours for NCHDs and improved patient safety. The recommendation will be the subject of a ballot of IMO members to be concluded on or before 25 June 2009. LRC negotiations on all other NCHD contract issues will be dealt with in Phase 2 of the process and must conclude by 16 October. All outstanding issues will be referred to binding adjudication by the Labour Court with a ruling by 20 November 2009. I have asked the HSE to investigate the manpower implications for small hospitals and to reply directly to the Deputy.