Written answers

Tuesday, 15 December 2020

Department of Health

Health Services Staff

Photo of Neale RichmondNeale Richmond (Dublin Rathdown, Fine Gael)
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467. To ask the Minister for Health the plans in place to implement the pay restoration for section 39 organisations; and if he will make a statement on the matter. [42947/20]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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475. To ask the Minister for Health the position regarding pay restoration for section 39 workers. [43445/20]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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476. To ask the Minister for Health the amount allocated in 2021 for pay restoration for section 39 workers; the specific measures this funding covers; the number of section 39 employers this funding is earmarked to fund; and if he will make a statement on the matter. [43534/20]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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477. To ask the Minister for Health his position in relation to addressing the differentials in pay experienced by those working in section 39 organisations in comparison to those working in identical positions in section 38 and public sector organisations; if it is his policy to address these pay differentials; and if so, the target date for completion of this process. [43536/20]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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478. To ask the Minister for Health if his attention has been drawn to the fact that the funding to date provided to section 39 organisations in respect of pay restoration is insufficient to meet the costs of full pay restoration in those organisations as it does not cover costs such as associated pension costs, employers PRSI increases and certain part-time posts; the basis on which these allocations have been decided; his plans to address this issue; and the time frame he is working to. [43537/20]

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent)
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567. To ask the Minister for Health his views on the agreement reached at the Workplace Relations Commission in 2018 on a process of pay restoration for section 39 organisations; and if he will make a statement on the matter. [43278/20]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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638. To ask the Minister for Health the target date for the completion of the current HSE review exercise with the 250 section 39 organisations that have received no funding for pay restoration. [43538/20]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 467, 475 to 478, inclusive, 567 and 638 together.

Under section 39 of the Health Act 2004, the HSE provides financial assistance to organisations to provide services similar or supplementary to a service that the HSE may provide. Staff in these organisations are not public servants and were not subject to the provisions of FEMPI legislation. They did not automatically receive the cuts that were applied to the pay of public servants. These employees differ to those employed by organisations who provide services under section 38 of the Act who are public servants and are therefore paid in line with the Department of Health consolidated salary scales.

As we are aware, an agreement was reached by the parties in October 2018, in relation to a process of pay restoration for staff employed by the 50 pilot agencies. The purpose of pay restoration is to restore pay levels to what they were before these pay cuts were made. Pay restoration commenced in April 2019 with an annual pay increase of up to €1,000. Any outstanding balance would be paid in two equal amounts in 2020 and 2021, if due.

This process will result in approximately half of the eligible section 39 employees having their pay fully restored by 2021. There are 250 bodies who were not part of the pilot. The agreement reached at the WRC noted that some of the organisations which did not form part of the pilot phase are also likely to have pay restoration issues. It stated that a process of engagement to address this would commence in 2019.

Since late 2019, there was a number of meetings between the parties at the WRC, in relation to this next phase. The HSE have been costing this next phase of pay restoration and engagement has been taking place with the Department of Public Expenditure and Reform regarding a proposal to resolve these pay restoration issues. In this regard, funding was allocated in Budget 2021 for pay restoration for the 250 organisations.

I can confirm that following engagement at the Workplace Relations Commission last week, the parties reached an agreement. A payment arrangement consisting of three phases was agreed with the first two payments to be made in 2021.

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