Catherine Connolly (Galway West, Independent)
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450. To ask the Minister for Health his views on the continuing failure to implement the European working time directive which was transposed into law through the Organisation of Working Time Act and, notwithstanding which, workers in the homeless sector and more particularly, those working with a centre (details supplied), continue to receive only €4.50 per hour from the HSE west which is less than half of the minimum wage and in breach of the Labour Court recommendation as far back as September 2014; his views on whether time spent on sleepovers should be acknowledged as constituting working time; when this will be rectified; and if he will make a statement on the matter. [24171/17]

Simon Harris (Wicklow, Fine Gael)
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All Social Care staff employed in the public health service are subject to the requirements of the European Working Time Directive which was transposed into Irish law by the Organisation of Working Time Act 1997.

The extent to which the work patterns of social care staff are compliant with the Directive has been the subject of ongoing discussions between employers and unions for many years. The issue was referred to the Labour Court in June 2014, with a particular focus on the operation of and payment for ‘Sleepovers’ in both the Child Care and Intellectual Disability sectors.

The Labour Court issued its recommendation on 18 September 2014. The recommendation stated that time spent on sleepovers should be acknowledged as constituting working time. It also recommended that staff should be paid an hourly rate in respect of each hour spent on sleepover in excess of 39 hours. This should be paid at a rate that is equal to the national minimum hourly rate.

Time spent on sleepovers is now regarded as working time and the HSE, agencies funded under section 38 of the Health Act 2004 and the trade unions are jointly actively working towards designing and implementing rosters which comply with the Directive in each residential facility.

My Department, the Health Service Executive, Social Care employers and unions continue to participate in a conciliation process regarding sleepovers. This process is independently chaired by a Senior Conciliation Officer, appointed by the Workplace Relations Commission.

With regard to the homeless services in Galway, namely Cope Galway and Simon Galway, I understand that the HSE has in place Service Level Agreements with these providers that set out the level of service to be provided for the grant to the individual organisation and requirements in relation to standards of care.

As the individuals employed by Section 39 organisations are not HSE employees, the HSE has no role in determining the salaries or other terms and conditions applying to these staff, including sleepover payments. Accordingly such arrangements offered by individual providers may vary.