Clare Daly (Dublin Fingal, Independent)
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159. To ask the Minister for Health further to Parliamentary Question No. 156 of 27 September 2017, if the 2015 circular on sleepover pay rates and its funding in the 2015 service plan applies to all HSE funded section 39 organisations in the sector; and if section 39 organisations are in his view the private sector providers as indicated in his response to Parliamentary Question No. 466 of 20 September 2017. [42128/17]

Clare Daly (Dublin Fingal, Independent)
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160. To ask the Minister for Health further to Parliamentary Question No. 156 of 27 September 2017, if the 2015 circular on sleepover pay rates and its funding in the 2015 service plan applies to all HSE funded section 39 organisations in the sector; and if section 39 organisations are in his view the private sector providers. [42129/17]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 159 and 160 together.

In a Parliamentary Question answered on 27 September 2017, I advised that HSE HR Circular 027 / 2014 applies to HSE staff and staff employed by agencies that are funded by the HSE under section 38 of the Health Act 2004 who undertake sleepover duties as set out in the circular.

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 employed in a private capacity and therefore neither the HSE nor the Minister have a role in determining the salaries or other terms and conditions applying to these staff.

It is a matter for private employers to negotiate salaries with their staff as part of the terms and conditions of their employment.