Written answers

Wednesday, 20 September 2023

Department of Transport, Tourism and Sport

Transfer of Undertakings

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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138. To ask the Minister for Transport, Tourism and Sport if the successful tender for the provision of Irish Coast Guard Aviation Service included an undertaking to comply fully with the provisions of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, business or parts of undertakings or business and implemented in Irish law by Statutory Instrument No. 131 of 2003, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003; and if he will make a statement on the matter. [40633/23]

Photo of Michael McNamaraMichael McNamara (Clare, Independent)
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139. To ask the Minister for Transport, Tourism and Sport if the contract with a company (details supplied) signed on 22 August 2023 to deliver search and rescue aviation services on behalf of the Irish Coast Guard includes a clause requiring compliance with the provisions of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, business or parts of undertakings or business and implemented in Irish law by Statutory Instrument No. 131 of 2003, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003; and if he will make a statement on the matter. [40634/23]

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 138 and 139 together.

The Contract for the new IRCG aviation service includes a provision relating to the application of TUPE regulations, as follows: “The Contractor shall comply with all applicable obligations arising pursuant to the European Communities (Protection of Employees’ Rights on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) and Council Directive 2001/23/EC (together the “TUPE Regulations”)”.

The contract for the provision of next generation Coast Guard aviation services was signed with Bristow Ireland Limited on 11 August 2023. The contract provides for the operation of four helicopter bases all on 24/7 duty, with the addition of a Coast Guard Fixed Wing aircraft service for the first time.

The Department and the Irish Coast Guard will facilitate, support, and expects to see, an orderly and seamless transfer of operations between both contractors (CHCI and Bristow Ireland). The transition will be a gradual process, and the new aviation service will be introduced on a phased basis over the next 24 months.

I fully recognise the professionalism and dedication of all personnel engaged in the provision of this essential State service. The specialist expertise of the CHCI personnel is highly valued and the experience gained over many years in providing IRCG SAR and other aviation services will continue to be a valued and sought after resource. The nature of the skills, training and experience required to fulfil Search and Rescue roles is quite specialised and there is a limited pool of suitably qualified personnel in Ireland and internationally available to fill these posts. Ensuring continued safe, efficient, and effective aviation services for the Irish Coast Guard is the overarching priority for all concerned. To that end, it is imperative that existing and future staff be fully appraised of employment and advancement opportunities available under the new service, so as to reduce any uncertainty or distraction.

Bristow Ireland has given a commitment to my Department that the Company supports the principles of TUPE and that it will fully engage with the recognised Trade Unions – Forsa and Unite- as part of the transition and mobilisation phase of the new contract. The company has stated that it is fully committed to establishing pathways for personnel currently servicing the existing SAR contract to join Bristow Ireland on comparable salary structures and they will actively work to develop a positive and professional relationship with the Trade Unions to ensure that this commitment is fully honoured. Bristow Ireland will also engage directly with the management team of the incumbent contractor, CHCI, in the near future with a view to ensuring a seamless transition to the new IRCG aviation service.

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