Written answers
Thursday, 3 April 2025
Department of Public Expenditure and Reform
Industrial Relations
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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150. To ask the Minister for Public Expenditure and Reform if he played any role in the negotiations between section 39 workers and the government in the Workplace Relations Commission; if he engaged in any discussions with the Department for Health or the Department of Children, Equality, Disability, Integration and Youth to approve expenditure for pay awards; if he is aware of the differences in pay and working conditions between HSE, section 38, section 39 and tendered service workers; if he is planning to work with relevant Government departments to address service sustainability and worker recruitment and retention issues; and if he will make a statement on the matter. [16065/25]
Jack Chambers (Dublin West, Fianna Fail)
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The employees of agencies that are funded under Section 38 of the Health Act 2004 are classified as public servants. They are subject to the standard salary scales for the health sector as well as having access, in the main, to a public service pension scheme. The employees are included in public service employment numbers.
Accordingly, staff employed by Section 38 organisations benefit from the terms of public service agreements negotiated between the Government as employer and trade unions and associations representing public servants. The current collective agreement, the Public Service Agreement 2024 - 2026, was reached last year.
Section 39 organisations form part of the broader Community and Voluntary Sector and are grant funded in line with Section 39 of the Health Act 2004. These funding arrangements are matters for my colleagues the Minister for Children, Equality, Disability, Integration and Youth and the Minister for Health.
It is the position that these organisations are not public bodies, rather they are private and independently run entities. The employees of these organisations are not public servants. As such, their terms and conditions of employment are a matter between each organisation and its employees.
A process of engagement took place at the Workplace Relations Commissions with the participation of the Department of Children, Disability and Equality, the Department of Health and the unions representing Section 39, 10 and 56 workers. Agreement was reached on 10 March 2025 between the parties. Funding has been provided in Budget 2025 for the 2025 requirements of the agreement and future requirements will be considered as part of the overall annual estimates process in the normal way.If the Deputy requires further details, including in relation to specific organisations, grants or agreements reached involving such bodies they should be sought from the relevant Minister.
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