Fergus O'Dowd (Louth, Fine Gael)
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493. To ask the Minister for Children, Equality, Disability, Integration and Youth the reason that section 56 organisations were excluded from pay restoration (details supplied); and if he will make a statement on the matter. [48570/22]

Fergus O'Dowd (Louth, Fine Gael)
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494. To ask the Minister for Children, Equality, Disability, Integration and Youth the reason that Section 38 organisations were excluded from public sector pay agreements and pay restoration when re-designated Section 56 organisations (details supplied); and if he will make a statement on the matter. [48571/22]

Roderic O'Gorman (Dublin West, Green Party)
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I propose to take Questions Nos. 493 and 494 together.

Section 56(14) of the Child and Family Agency Act 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'. Therefore, Section 56 agencies are ultimately responsible for the recruitment of their own employees, their remuneration and the terms and conditions of their employment.

I understand that an exception to the above arrangement is the matter of a limited number of Section 56 agencies who were previously Section 38 agencies and who employ a number of staff members with an entitlement to public sector pensions. I understand Tusla is aware of this issue and is carrying out a comprehensive assessment of the case for the small cohort of employees involved, and that Tusla is in discussion with the organisations concerned.

Fergus O'Dowd (Louth, Fine Gael)
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495. To ask the Minister for Children, Equality, Disability, Integration and Youth if he will provide details with respect to a previous statement on Section 56 organisations (details supplied); the way that this criterion was developed; the person or body that was involved in developing same; and if he will make a statement on the matter. [48572/22]

Roderic O'Gorman (Dublin West, Green Party)
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Under Sections 56-59 of the Child Care Act, 2013 Tusla, the Child and Family Agency, funds service providers and Community and Voluntary sector bodies to deliver services on its behalf. The service providers operate independently of Tusla and are responsible for the recruitment of employees and the terms and conditions under which they are employed.

Section 39 agencies refers to organisations funded by the HSE under Section 39 of the Health Act 2004. As such, the Minister for Health is best placed to respond to questions in respect of pay restoration arrangements for these agencies.