Malcolm Noonan (Carlow-Kilkenny, Green Party)
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470. To ask the Minister for Health the steps that he will take regarding pay disparity between Section 38 and Section 39 workers, as in the case of an organisation (details supplied); and if he will make a statement on the matter. [44406/22]

Stephen Donnelly (Wicklow, Fianna Fail)
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Firstly, I would like to acknowledge the important role that Section 39 organisations and staff play in our health sector. They have a key role in providing services to people with disabilities and older people.

Under Section 39 of the Health Act 2004, the HSE provides assistance to organisations that provide services similar or ancillary to a service that the HSE may provide. However, Section 39 organisations are privately owned and run, and the terms and conditions of employment of staff in these organisations, once in line with employment legislation, are strictly between the employer and the employee.