Written answers

Wednesday, 19 May 2021

Department of Children, Equality, Disability, Integration and Youth

Health Services Staff

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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164. To ask the Minister for Children, Equality, Disability, Integration and Youth the status of workers who have been transferred without their knowledge from a section 39 status organisation to a section 56 status which has had consequences for those workers earnings and conditions; when and the way in which this change was made; if it is intended to ensure sufficient funding and resources are available for Tusla and section 56 workers to allow for the reversal of FEMPI era cuts that have applied to public sector and section 38 and 39 employees; and if he will make a statement on the matter. [26739/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I take it that the Deputy is referring to section 39 of the Health Act 2004 which relates to funding of bodies by the HSE and section 56 of the Child and Family Agency Act 2013 which relates to funding by Tusla.

Section 56 organisations provide services funded by Tusla under section 56 of the Child and Family Agency Act 2013. Tusla funds over 700 bodies, mostly in the community and voluntary sector, to deliver services on its behalf under sections 56-59 of the Child and Family Agency Act 2013. These commissioned services fulfil Tusla's statutory responsibilities and deliver on the Agency's strategic objectives. It is likely that some of these organisations were funded by the HSE under section 39 of the Health Act 2004 prior to the establishment of Tusla in 2014.

Section 56 organisations operate independently of Tusla. These organisations are responsible for the recruitment of employees and the terms and conditions under which they are employed. Their remuneration is a matter for their own employers to determine. Tusla's funding of an organisation under section 56 does not give rise to an employment relationship between Tusla and these staff.

I highly value the work of the community and voluntary sector across the country that provide services funded by Tusla under Section 56 of the Child and Family Agency Act 2013. I am extremely conscious and appreciative of the impact these organisations have on improving outcomes for children, young people and families all over Ireland. I am committed to collaborating with my colleagues across government, Tusla and our service delivery partners to address the sustainability of voluntary organisation.

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