Written answers

Tuesday, 21 September 2021

Department of Health

Health Services Staff

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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607. To ask the Minister for Health the reason section 39 workers have not had pay restoration (details supplied); if the issue will be addressed; and if he will make a statement on the matter. [44822/21]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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Under section 39 of the Health Act 2004, the HSE provides financial assistance to organisations by means of a grant. Section 39 legally underpins the provision of services similar or supplementary to a service that the HSE may provide. Staff in these section 39 organisations were not subject to the provisions of FEMPI legislation and therefore did not receive those cuts that were applied to the pay of public servants. They were not and are not party to the Public Service Agreements and are therefore not covered by the pay restoration provided for in these Agreements. While it is understood that pay savings were made by the organisations, the precise mix of pay cuts or other savings measures will have varied.

WRC Agreements reached in 2018 and 2020, determined the criteria for organisations who would be deemed eligible under the pay restoration process. South Doc were encompassed in the 2020 agreement, which included two instalments to be paid in 2021, with the third and final instalment due in 2023.

As of April 2021, a signed statutory declaration from South Doc was outstanding, and they were made aware of this outstanding requirement. No funding could be released prior to all relevant forms being signed and return to the HSE through the appropriate channels.

Following receipt of all required documentation, South Doc have been notified of their funding allocation, inclusive of both the 1st January and 31st May instalments.

Notwithstanding the impact that the cyber-attack has had on this process, I can confirm that the CHO has received the allocation and they are currently processing the payment. It will be made by the end of September and is being incorporated into the service level agreement.


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