Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 392: To ask the Minister for Health and Children if the Health Service Executive has the authority under the terms of the final framework agreement to place persons into posts when the original post has not been abolished; and if she will make a statement on the matter. [15342/10]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 393: To ask the Minister for Health and Children if the final framework agreement, agreed between the interim Health Service Executive and the IMPACT union, empowered the appointed mediator (details supplied) when the authority to order that public competitions, operating under the terms of the Recruitment and Appointment Act 2004, be ended and such posts used at the mediators discretion; and if she will make a statement on the matter. [15343/10]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 394: To ask the Minister for Health and Children if the Health Service Executive has the authority, under the terms of the final framework agreement, to place persons into lower grade posts and allow those persons retain their higher level salary; and if she will make a statement on the matter. [15344/10]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 395: To ask the Minister for Health and Children if she will order a review of the operation of the final framework agreement agreed between the interim Health Service Executive and the IMPACT trade union; and if she will make a statement on the matter. [15345/10]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 396: To ask the Minister for Health and Children the number of occasions when Health Service Executive staff have made written threats to sue the HSE with regard to disputes relating to the operation of the final framework agreement, specifically disputes relating to posts awarded under the final framework agreement; and if she will make a statement on the matter. [15346/10]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 397: To ask the Minister for Health and Children the mechanism, agreed under the terms of the final framework agreement, for resolving disputes regarding the operation of the final framework; and if she will make a statement on the matter. [15347/10]

Mary Harney (Dublin Mid West, Independent)
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I propose to take Questions Nos. 392 to 397, inclusive, together.

The framework agreement to which the Deputy refers was concluded between the then interim Health Service Executive and the trade union IMPACT on 23 December 2004, prior to the establishment of the Health Service Executive (HSE) on 1 January 2005. My Department was not involved with either the negotiations or content of this agreement. Section 22 of the Health Act 2004, the legislation under which the HSE was established, provides that the HSE has responsibility for the recruitment of employees, in accordance with the Public Service Management (Recruitment and Appointments) Act 2004. The Health Act 2004, also provides that the HSE shall determine the terms and conditions of employment of employees and their grade. However, the Executive does require my approval, given with the consent of the Minister for Finance.

With regards to a review of the operation of this agreement, I understand that discussions between the HSE and IMPACT, for the purpose of reviewing and agreeing changes to this Framework Agreement and to agree an ongoing process to deal with organisational changes, are already underway at the Labour Relations Commission. This is referred to in the Draft Public Service Agreement 2010-2014, which is under consideration by all public sector unions.

Implementation of this agreement is a matter for the HSE. However, I wish to advise the Deputy that, due to industrial action affecting the Executive, it is not possible for the Executive to supply the information requested in relation to the detailed operation of this agreement and the resolution of disputes arising under it. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.