Written Answers. - Parliamentary Debates - Houses of the Oireachtas

[Deputy James Reilly.]
Questions— 14 February 2012. Written Answers
• A 30 minute rest break every 6 hours during period on-site on-call;
• 11 hours rest every 24 hours or equivalent compensatory rest before return to work;
• 35 hours continuous rest per week or twice a fortnight or 59 hours continuous rest
per fortnight.
The 2010 Contract of Employment for Non-Consultant Hospital Doctors (NCHDs), which
these staff sign on appointment, reflects the above provisions. Under the contract NCHDs are
to undertake the duties/services set out in the contract, typically for 39 hours per week and to
deliver these hours on any 5 days out of the 7 in a week. However, the contract provides that
NCHDs shall not be required to work more than 24 consecutive hours on-site. In addition, the
contract also states that work outside the confines of the contract is not permissible if the
combined working time associated with employment under the contract taken together with
any other employment exceeds the maximum weekly working hours as set out in S.I. 494 of
2004. A related agreement between the HSE and the IMO provides that the contract is subject
to the Directive. On the 13th January 2012, in response to a Reasoned Opinion on EWTD
compliance forwarded by the EU Commission, Ireland submitted a detailed Plan outlining how
it will achieve compliance by NCHDs with the Working Time Directive. The response affirms
Ireland’s commitment to achieving compliance with the Directive and sets out a timeframe for
achieving this over the next 3 years. It commits to implementing measures that will support
compliance, including:
a. The implementation of new work patterns for medical staff;
b. Transfer of work undertaken by NCHDs to other grades;
c. Organisation of hospital services to support EWTD compliance.
These measures will be complemented by my plan to establish hospital groups as soon as
possible, by the efficiencies being driven by the Special Delivery Unit in association with the
HSE’s National Clinical Programmes and by the ongoing changes in work practice being
advanced under the Public service Agreement.
686. Deputy Billy Kelleher asked the Minister for Health the number of different doctors
who were required to work beyond the hours stipulated in the EU working time directive in
Irish hospitals, by hospital, during 2011 and to date in 2012; and if he will make a statement
on the matter. [7932/12]
Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred
to the HSE for attention and direct reply to the Deputy.
Clinical Indemnity Scheme
687. Deputy Billy Kelleher asked the Minister for Health the provisions that are in place for
insuring doctors working in Irish hospitals, particularly for those hours that exceed the limit
imposed by the EU working time directive; and if he will make a statement on the matter.
[7933/12]
Minister for Health (Deputy James Reilly): The Clinical Indemnity Scheme (CIS) indemnifies
public hospitals, doctors, nurses, nurse midwives and allied healthcare professionals in
relation to the provision of their professional medical services. Once a doctor is providing
his/her professional medical services for and on behalf of his/her employing public hospital,
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