Michael McGrath (Cork South Central, Fianna Fail)
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277. To ask the Minister for Health his views on whether it is unfair that employees of section 39 organisations had their pay cut in line with the financial emergency measures in the public interest, FEMPI, legislation on the instruction of the HSE but now those organisations are not in a position to restore the pay of the employees of these section 39 organisations in view of the fact that they have not been given the funding to do so; and if he will make a statement on the matter. [41598/17]

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. 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.