The Minister for Health has urged the Irish Medical Organisation (IMO) to take a constructive approach to new talks on implementing the Working Time Directive for junior doctors.
Mr Martin confirmed the State will not be compliant with the directive requiring doctors work a maximum of 58 hours a week from August 1st. "About 60 per cent of the health service specialities will be compliant," he told a press conference in Dublin today.
He firmly put the blame for difficulties complying with the regulations on the IMO linking the issue to overtime payments for working outside normal office hours. "The big log-jam is the pay issue," Mr Martin said.
The Health Service Employers Agency (HSEA) want to introduce a 24-hour-a-day, seven-day-a-week rostering system as part of their strategy to implement the directive. But junior doctors, who work on average 75 hours a week, will see their pay fall if the agency succeed in implementing the plan alongside a new overtime regime.
While saying the IMO's position was hampering efforts to put in place a plan to observe the directive, Mr Martin said he would not attempt to "unilaterally" enforce new measures.
He said he would take a positive approach to talks at the Labour Relations Commission on Tuesday. "I would appeal to all concerned, particularly the IMO, to engage in that process," he said.
He also dismissed "alarmist" claims by the IMO that doctors will leave the health service and hospitals will be forced to close if the matter is not resolved.
"We have made it clear to hospital managers and to health service providers that existing levels of services are to be maintained and patient safety is not going to be compromised," Mr Martin said.
The chief executive of the HSEA, Mr Gerard Barry, said a "robust defence" would be mounted if there was any attempt to report employers to the Rights Commissioner - who can levy fines and award compensation to if the directive is not observed.
He said the health service overtime bill exceeded €200 million. "If we did what the IMO wants us to do it would drive it literally into the stratosphere," he said.