David Cullinane (Waterford, Sinn Fein)
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676. To ask the Minister for Health the reason he has not sanctioned the implementation of the hospital pharmacy agreement between a union (details supplied) and the HSE; the reason his Department has instructed the HSE not to attend relevant Labour Court proceedings; his views on whether this agreement will not result in cost savings as contended; and if he will make a statement on the matter. [7595/22]

David Cullinane (Waterford, Sinn Fein)
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677. To ask the Minister for Health the details of the hospital pharmacy agreement which is subject to industrial action on 16 February 2022; if his Department and the HSE support the implementation of the agreement; the engagement which his Department and the HSE have had with the Department of Public Expenditure and Reform on the matter; and if he will make a statement on the matter. [7596/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 676 and 677 together.

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 implementing the 2020 Pharmacist Agreement, as agreed through the WRC process. However, when Building Momentum came into effect in 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.