Statement from the National Implementation Body re: issues raised by the Health Staff Panel
Statement from the National Implementation Bodyre: issues raised by the Health Staff Panel
The NIB has considered a complaint from the Health Staff Panel (1) that the HSE Financial Break-even Plan promulgated on 3rd September last had been issued in breach of the terms of Towards 2016 specifically Sections 28.13, 30.2.1 and 30.2.2, (2) that the action taken was inconsistent with the EU Information and Consultation Directive, (3) that it was their understanding that implementation of the Plan was viewed by the HSE as requiring the suspension of all existing staffing and other operating agreements where necessary, (4) that the conduct of the HSE appeared to convey a policy of non-engagement with trade unions or compliance with the terms of Towards 2016 and other established industrial relations procedures, and (5) that, as a consequence, the basis of partnership in the health service, especially in pursuit of reform through the new Health Service Forum, was becoming unsustainable.
The NIB also heard from representatives of the HSE and the Department of Health and Children regarding the very serious financial situation which had developed, the imperative both legally and operationally to take urgent and effective corrective action, and the willingness to engage with trade unions in implementing the strategic recovery measures adopted by the management of the HSE.
It is not the role of the NIB to adjudicate on allegations of breaches of the terms of the Agreement – specific mechanisms for doing this are provided in the Agreement. It is the role of the NIB, however, to assist the parties in honouring the commitments to partnership, change and industrial peace to which they have committed. In that context, and without making any adjudication in respect of compliance with the terms of Towards 2016, the NIB wishes to express its disappointment that the response to the financial situation has resulted in a marked absence of partnership and joint problem-solving. It is also concerned that this may impact negatively on the potential of the recently-established Health Forum to facilitate the wide-ranging change agenda which is necessary to achieve the health service to which management and staff alike aspire in the interest of excellence in patient care.
Accordingly, the NIB recommends that the parties engage immediately in relation to the impact on staff of measures necessary to address the financial difficulties in a spirit of partnership in accordance with the terms of Towards 2016. The NIB notes that significant adjustments will be required to comply with the legal and financial constraints within which the HSE must operate. The NIB recommends that the parties avail themselves of the services of the Labour Relations Commission if necessary to assist in these discussions, given the urgency of the situation and the intended review of the financial position on 1 October.
The NIB were advised of particular difficulties arising in Ennis General Hospital and the risk of major industrial relations problems at that location. The NIB accordingly recommend that the parties invite the Labour Relations Commission to assist them in resolving, as a matter or urgency, such difficulties as have arisen, exceptionally, in that location.
ENDS