Written answers

Thursday, 21 October 2021

Department of Children, Equality, Disability, Integration and Youth

Public Sector Pay

Photo of Joe CareyJoe Carey (Clare, Fine Gael)
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248. To ask the Minister for Children, Equality, Disability, Integration and Youth his views in relation to a document prepared by an organisation (details supplied) and submitted to Tusla; if he will provide a roadmap outlining the way he plans to bring about pay parity and pay restoration to those working in section 39 organisations whose posts are funded by Tusla; and if he will make a statement on the matter. [51898/21]

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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Under section 56 of the Child and Family Agency Act 2013, Tusla may enter arrangements with organisations to provide child and family services or services associated with the care and protection of victims of DSGBV. Section 59 of the Act provides for similar arrangements through a grant or contribution in kind to non-profit organisations for services supplemental to those provided by the Agency. Such services are commissioned under a formal Service Level Agreement and assist Tusla to fulfil its statutory responsibilities and deliver on the Agency's strategic objectives. 

Each organisation funded under these arrangements operate independently of Tusla. Each is responsible for the recruitment of employees and the terms and conditions under which individuals are employed. Section 56(14) of the Act of 2013 stipulates that ‘an arrangement under this section shall not give rise to an employment relationship between a service provider, its employees or agents on the one hand and the Agency on the other’.

Prior to the establishment of Tusla in 2014 some of the organisations now funded under section 56 were funded by the HSE under section 39 of the Health Act 2004. In October 2018 the Workplace Relations Commission (WRC) reached agreement between the Department of Health and HSE and trade unions representing staff in certain section 39 organisations. Pay restoration in relation to organisations funded through section 39 was applied to organisations who met certain specific criteria. The criteria related to the organisations rather than types of individual workers that are employed in them. The criteria included only organisations who received in excess of an agreed, specified amount from the HSE by way of the Service Level Agreement process. Pay restoration was limited and solely applicable to those organisations included in the initial WRC agreement. This process has reached a final resolution and there is no scope to revisit eligibility criteria.

I am committed to working with colleagues in Government, Tusla and other service delivery partners to address the sustainability of voluntary organisations and ensure that we meet the needs of children, young people and their families across Ireland. I greatly appreciate the tremendous contribution made by the Community and Voluntary sector in supporting Tusla to deliver on its challenging mandate.

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