Catherine Murphy (Kildare North, Social Democrats)
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393. To ask the Minister for Health if a condition of employment for a hospital doctor to work or be on call for 24 hours can be included as a precondition to employment; if this is at variance with the working time directive; if there is a temporary exemption for hospital doctors and if so, will she outline that exemption; and if he will make a statement on the matter. [14546/16]

Simon Harris (Wicklow, Fine Gael)
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A Collective Agreement between the IMO and the HSE dated 22 January 2010, part of a broader Settlement Agreement of a High Court case relating to non-consultant hospital doctors (NCHDs) working hours, provides that: 'no NCHD shall be required to work greater than 24 consecutive hours'. Reflecting this, the Contract of Employment also agreed between the parties at the time states that: 'The NCHD shall not be required to work for more than 24 consecutive hours on-site'.

This position is not at variance with the Working Time Directive. The Settlement Agreement states that it, the Collective Agreement and the Contract of Employment for NCHDs are subject to the provisions of the Working Time Directive. The Collective Agreement also states that where the daily rest period of 11 hours provided for in the Directive and Irish transposing legislation is not provided the compensatory rest provisions set out in the Legislation shall apply. The compensatory rest provisions in the Directive are specifically designed for activities involving the need for continuity of service. The relevant article of the Directive specifically states that it encompasses hospital care and the activities of doctors in training. These provisions ensure that doctors are entitled to equivalent periods of rest to any foregone while on duty.

My Department is engaging constructively with the EU Commission in relation to progressing and achieving full compliance with the EWTD in respect of non-consultant hospital doctors. Since Quarter 4 2013, compliance with the 24 hour maximum agreed with the IMO has increased from 77% to 96%, while compliance with the 48 hour average maximum week has increased from 40% to 80%. Actions to achieve compliance are being progressed through a National Group that includes the HSE's National HR, Acute Hospitals and Mental Health Divisions, the IMO and my Department.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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394. To ask the Minister for Health when the staffing complement will be increased in a hospital unit (details supplied); and if he will make a statement on the matter. [14261/16]

Simon Harris (Wicklow, Fine Gael)
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As this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.