Seán Barrett (Dún Laoghaire, Fine Gael)
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258. To ask the Minister for Health the reason staff working in section 39 organisations are not provided for under the Haddington Road and Lansdowne Road Agreements (details supplied); and if he will make a statement on the matter. [40752/17]

Simon Harris (Wicklow, Fine Gael)
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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. Employees of Section 39 organisations are not public servants and are therefore not encompassed by the Public Service Stability Agreements. This means that they were not subject to the FEMPI legislation which imposed pay reductions. Section 39 organisations are not obliged to pass on any pay reductions to their staff members or to provide for any pay restoration that may be negotiated as part of these public service agreements.

Any individuals employed by these section 39 organisations are not HSE employees and therefore, the HSE has no role in determining the salaries or other terms and conditions applying to these staff. 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.