Written answers
Thursday, 10 February 2022
Department of Health
Industrial Disputes
Róisín Shortall (Dublin North West, Social Democrats)
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385. To ask the Minister for Health if he will address matters raised in correspondence (details supplied); his views on the planned industrial action; the rationale for his refusal to sanction new measures; the reason for instructing the HSE not to attend the Labour Court; and if he will make a statement on the matter. [7316/22]
Stephen Donnelly (Wicklow, Fianna Fail)
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As you may be aware, the current Public Service Agreement, Building Momentum, includes the process of Sectoral Bargaining. The purpose of the Sectoral Bargaining Fund process is to deal with outstanding adjudications, commitments, recommendations, awards and claims within the terms of the Fund and within the Exchequer funding limit in place.
Health Management remains committed to implement an agreement agreed through the WRC process in 2020. However, when Building Momentum came into effect in January 2021, all outstanding agreements became subject to Sectoral Bargaining. Failure to work through the mechanisms of Building Momentum would undermine the PSA and would be unfair to other unions who have adhered to the terms of the agreement.
Building Momentum, to which Fórsa are signatory, outlines that all parties are committed to participation in the dispute resolution procedures set out in the agreement. All parties encompassed by Building Momentum have also agreed that, notwithstanding their continuing right to access the Labour Court/Conciliation and Arbitration Scheme, this shall only be utilised after the dispute resolution processes outlined in the Agreement, have been fully exhausted.
The delivery of industrial peace is an essential requirement of this Agreement. Accordingly, all forms of industrial action are precluded.
The Department of Health and the HSE remain open to engagement with Fórsa but are compelled to resolve any disputes in compliance with the provisions allowed for under Building Momentum.
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