John Lahart (Dublin South West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

371. To ask the Minister for Health if his attention has been drawn to the fact that a person working for a section 39 organisation, such as an organisation (details supplied), is not entitled to the same pay restorations as their public sector or HSE colleagues as provided for under the Haddington Road and Lansdowne Road agreements or entitled to future public sector pay increases; and if he will make a statement on the matter. [39837/17]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Under section 39 of the Health Act 2004, the HSE has in place Service Level Agreements with voluntary providers which set out the level of service to be provided for the grant to the individual organisation. Any individuals employed by these section 39 organisations are not HSE employees, therefore neither the HSE nor the Minister have a role in determining the salaries or other terms and conditions applying to these staff.

The staff of these Section 39 organisations are not public servants and therefore were not subject to the FEMPI legislation which imposed pay reductions. It follows then that the staff of the section 39 bodies will not be eligible for any pay restoration which is provided for under the more recent Public Service Agreements. It is a matter for Section 39 organisations to negotiate salaries with their staff as part of their employment relationship and within the overall funding available for the delivery of agreed services.