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Joint Committee on Transport and Communications díospóireacht -
Wednesday, 24 Apr 2024

Issues Affecting Driver Testers: Fórsa

The purpose of this section of the meeting is to meet representatives of Fórsa to discuss issues affecting driver testers. On behalf of the committee, I am pleased to welcome Mr. Ruairí Creaney from Fórsa.

I will read a note on privilege. Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable. I remind members of the constitutional requirement that they must be physically present within the Leinster House complex in order to participate in public meetings. I will not be able to permit any member to participate where they are not adhering to this constitutional requirement. Therefore, any member who attempts to participate from outside of the precincts will be asked to leave the meeting. In this regard, I ask any members participating via Microsoft Teams to confirm, prior to making their contribution to the meeting, that they are on the grounds of the Leinster House campus.

I ask Mr. Creaney to make his opening statement.

Mr. Ruairí Creaney

I thank the Cathaoirleach and members of the committee for taking the time to listen to the views of Fórsa today. In particular I thank Deputy Duncan Smith for arranging for me to be here today.

I want to speak about the experience of our members in precarious insecure temporary contracts working in the Road Safety Authority, which is a vital public agency. As we have seen in recent weeks, its work is more important now than ever. Fórsa believes there should be an additional 40 permanent driver testers employed in the Road Safety Authority. We want the RSA to seek sanction for that and for the Department of Transport to sanction the request as a matter of urgency.

A significant number of the RSA’s driver testers are employed on temporary contracts lasting from 18 months to two years. Temporary contracts were initially introduced as a temporary interim measure to tackle a large backlog in driver tests, mostly as a result of the pandemic. However, we are now several years into that supposedly interim temporary measure and there is still no indication of all our members enjoying the benefits of secure and permanent contracts of employment.

There are currently about 125 permanent driver testers and about 45 temporary testers. The waiting time for a driving test sits at around 24 weeks. Those are the last figures the union saw. That is significantly above-----

We have an update on that, but I will come in afterwards.

Mr. Ruairí Creaney

That is significantly above the ten-week target as set out in the service level agreement with the Department of Transport. Before the Covid pandemic, the waiting time was around six weeks. Ten weeks should not be the target; it should be the worst-case scenario. As a union, we want to bring it down to five or six weeks as it was before the pandemic.

In February 2023, the CEO of the RSA, Sam Waide, told the committee that for driver testing to function properly it needs a core group of 170 permanent driver testers. As I said, at the minute it stands at around 125, well short of what we need to deliver the quality public service that Irish people deserve.

Many complications arise out of using insecure temporary contracts in the workplace. Even setting aside the industrial relations issues and the disputes that arise out of that, on a human level being on them is not something workers would envy. One of the greatest ironies here is that a significant number of the driver testers cannot even apply for a car loan because they do not have the job security to do so. They cannot apply for a mortgage because they do not have job security to prove to the bank that they can make the repayments. That has real implications for the lives of our members and we have been mandated to deliver on that.

Another complicating factor is the rollover of staff. On two separate occasions the RSA has allowed the temporary contracts of driver testers to expire. Around 30 driver testers have been let go despite waiting lists still remaining at an historical high. The first batch of 24 were let go in July 2022 and a further seven were let go in February and March this year. Fórsa is currently engaged in the WRC process with RSA management on that. It is incredible that the waiting time to get a driver test is still around 24 weeks and the RSA is allowing well-qualified and experienced staff to become unemployed.

I asked a number of those people to come here today with me. None of them was willing to come simply because they are unemployed at the minute and as qualified driver testers, they want to be driver testers again. They feel that by putting themselves forward in the public arena here, they might jeopardise their chances of getting back into the RSA. I am not saying that is caused directly by anything management has done but it is just the reality of being on a temporary contract. They feel less secure and less able to stand up for their rights and articulate what they should be getting through their employment.

One of the most incredible things that happened was that after these seven people were let go, a communication was sent out to driver testers to take part in a voluntary overtime scheme. The RSA offered people a bonus in order to bring down the waiting lists. This was a day or two after seven staff were let go. There was a firm instruction from the union, under pressure from our members, telling our members not to engage with that overtime scheme.

First, it was very unfortunate that the communication was issued at that time. The seven testers who were let go found it very insulting, as members can imagine, and it certainly angered a lot of the permanent staff. Fórsa members are not engaging in the scheme and the union stands full square behind them. That is because relying on overtime to run a public service is no way to do business and it highlights the absurdity of the current situation.

Members might recall that last October 140 drivers testers from across the country signed a Fórsa petition calling for permanent positions in the RSA. Indeed, our petition was sent to every member of this committee, the Minister for Transport, Deputy Eamon Ryan, and the Minister of State, Deputy Jack Chambers. The petition highlights that this is not just an issue for temporary testers. Our members on permanent contracts, who have been there for a long time, feel this every bit as much as their temporary colleagues because they see this as a way of undercutting their terms and conditions in the long run and, potentially, weakening their bargaining power. They are prepared to put their names on public record and send it to the CEO of the RSA, the Minister for Transport and his Minister of State. Around 90% of the workforce signed the petition which shows the depth of feeling about this issue among our members.

I reiterate that the union's firm position is that we are in agreement with management on the need for 170 permanent driver testers, which requires an extra 40 to 50 jobs permanent jobs to be sanctioned by the Department. We call on the management to do that, as a matter of urgency. We also call on the Department of Transport to sanction that request, as a matter of urgency.

Our members deliver the service and understand the massive frustration that exists among the Irish public towards the driver testing service due to the ridiculous waiting times. To be honest, a lot of our members bear the brunt of that frustration and feel it on a daily basis. There has been an increased number of complaints submitted to the RSA about the driver testing service. Our members do not want to be going into work delivering a service to a frustrated public. They want to deliver a world-class public service with the waiting times that existed a few years ago and just before Covid. In order for our members to do that, extra permanent jobs are needed. I thank the Deputies and Senators for listening to me today, and thank them for any assistance they can be to our members in that endeavour.

I thank Mr. Creaney. We received Fórsa's opening statement yesterday. We had the RSA in for the last two hours and towards the end of that session I teased out a couple of the points, advocated for by Fórsa, with the RSA. Am I right that Deputy Smith is under a time pressure and must be somewhere at 4 p.m.?

I will be very brief and then I will let the Deputy comment. First, I will clarify a couple of points that I asked the RSA delegation. In the RSA's background information that accompanied its opening statement, it referred to the fact that the waiting time was 15 weeks and, as of this morning, the waiting time is 14.9 weeks. I must rely on the information the RSA has given me. The waiting period has reduced from 30 weeks, to 24 weeks, to 15 weeks and the aim is to have a waiting period of ten weeks, which the RSA thinks it will have by June.

We asked about permanency versus temporary and that there are about 130 permanent testers. Without committing to doing it, RSA anticipates that it has between 165 and 175 permanent testers. That is what it seeks sanction for. I do not know the ins and outs of why the RSA has had to let people go. We did not get into that because we had literally reached the last two or three minutes of our meeting. I asked the RSA delegation whether that would be 130 permanent jobs and between 30 and 40 testers on a rolling contract. They said no; they would anticipate having between 165 and 175 permanent testers, which I think is all of the things being asked for by Fórsa. I only had a few minutes in which to interrogate the RSA about the matter. We can bring the RSA back in and correspond with it about the opening statement from Fórsa. I think the commitment by RSA is positive news. The points and case made by Fórsa are very valid. I feel very sympathetic towards people who are being let go while, at the same time, other people are being asked to work overtime. I also made the point earlier that long-term overtime is not sustainable from the points of view of work-live balance and risk of burn-out. Permanent overtime is no way for workers to live. I made those points based on Fórsa's opening statement and in the response I got to some of the points I put to the RSA delegation. I will allow Deputy Smith to comment ahead of my slot because he must go somewhere else.

I thank the Leas-Chathaoirleach. I also thank Mr. Creaney for coming in. I am sorry that it has taken so long to get Fórsa in. I apologise for the conflict that I have, which is unavoidable and sod's law. Fórsa has presented us with a solution to a problem that garnered national attention as we unwound out of Covid but it still has an impact on people all over the country, in terms of waiting for driving tests, which is impacting people being able to move on with their lives, get jobs, accept jobs, apply for jobs, go to college or whatever the case may be. I hope that the RSA will follow through on what its delegation said here today. The RSA has been on notice for a number of months that this has been the case. We have being trying to get representatives of the RSA along with Fórsa representatives to attend a meeting of this committee for far too long. The excuse of Covid did not stack up against the evidence presented where fully qualified testers were not being made permanent in order to reduce the backlogs that we know have made front-page news at various times and have had impacts on the lives of people.

Can Mr. Creaney comment on the current situation compared with when Fórsa first asked to present to this committee? Does he feel progress been made? Does Fórsa need the committee to do more?

Mr. Ruairí Creaney

First, I welcome what the Leas-Chathaoirleach heard in the last session. That is positive and welcome. I hope to see real movement on it very soon. We met members of management a few weeks ago and when we posed these same questions, they were very non-committal. We did not get a firm commitment about when they would lodge a sanction request or for how many. All they told us was that it would be data-driven. They said they were following the data and would not give a firm commitment on when they would submit a sanction request. I hope from what the Leas-Chathaoirleach has said there is progress.

Mr. Creaney can read the transcript and watch the broadcast to see the interaction and hear what was said.

Mr. Ruairí Creaney

I will do that. We will hold their feet to the fire to make sure the RSA does that. We will hold the RSA to account to make sure that it follows through. I welcome what has been said. If that is the figure, which the RSA gave, then the union welcomes that but we will continue to put pressure on it to do that. I ask members of the committee to keep in contact with Fórsa. We will follow up with members of RSA management locally to see where they are at with the sanction request. If there are delays then Fórsa will again seek the assistance of the committee. The case has been made very firmly and I am glad to hear the RSA management has moved.

I refer to testers who were let go, an issue touched on by Deputy Smith, and others who are on temporary contracts. The Department is very committed to making sure people on temporary contracts who apply for permanent roles must take part in an open competition. It is obviously Fórsa's preference that that would be a scenario where those temporary testers are made permanent, because they are doing the job already, have been doing it for a number of years, are qualified and have shown they can do the job. Making them permanent makes more sense because people do not have to train again. It takes seven weeks to train a driver tester. By my calculations, it costs between €10,000 and €15,000 to train a driver tester. It also makes economic sense to simply extend their contracts. In addition, if the Department cannot do that, then a fallback option could be a closed competition where the existing temporary testers have the first opportunity to apply for those roles. That would be a good problem to have, if we could do that.

I agree. We are dealing with an area where there is a skills shortage. We would have train new testers to take on these roles where we have existing testers. Therefore, a common sense approach must be adopted. Waiting periods may be reducing but we still have huge waiting lists so that is a common-sense approach

I ask the Leas-Chathaoirleach, on behalf of the committee, to write to the Minister about this and to RSA management to ask for further clarity on the answer they gave today and to keep the pressure up.

We can discuss that at our next private meeting. Anything we do will be done in agreement with committee members.

Absolutely. I just wanted to put the request on the record.

I will let the Deputy go to his briefing. Perhaps he could give my apologies at his briefing as I will be here.

It makes more sense if we have more testers. If it is a short-term interim blip, I can understand why any business might recruit people on a short-term basis. However, it has been acknowledged that we have a large population that is increasing and is young. We have people coming into the system all the time. We have net inward immigration of people who need to apply for tests to get licences, so it makes sense. That is the impression that was given. Without committing to a figure, it would be approximately 165 or 170 testers in the long term. Mr. Creaney is welcome to look back at the broadcast and transcripts of what was said at the meeting, when they have been produced, as they will be for this meeting. Mr. Creaney will be able to see the Official Record and what was said on the broadcast.

It is positive news from where Mr. Creaney is coming from and the request he made in his opening statement. I thank him for its brevity as sometimes we get seven- or eight-page opening statements. Mr. Creaney's was just over a page. He articulated his point well and it makes sense, all things being equal, if the people who are doing the job are capable of doing the job and ticking the box to be permanent testers, which I imagine they are if they are already doing so as temporary testers. They are already doing the job, are well up the learning curve and will not have to be trained.

We can discuss whether we, as a committee, write or we write individually to suggest it to the RSA. However, it is equally important that we get ongoing feedback from the RSA about where this process is. No one wants to see waiting times as they were at 30 weeks at one stage. It was down to 24 weeks in mid-January. It was under 15 weeks only this morning, but it was 15 point something before that. However, as Mr. Creaney stated, it was approximately six weeks before the Covid-19 pandemic. The maximum, as per the service level agreement, SLA, is ten weeks. It is 50% higher than that. It was triple that. It is going in the right direction, but not quickly enough for the significant number of people who are waiting for tests. Their lives, job opportunities and college lives are certainly disrupted, if not on hold because of the scenario we are in.

Does Deputy Kenny wish to contribute briefly? We have kind of addressed all the points but he is welcome to contribute. If he repeats them all, I will let him know.

I apologise. I had to go to the Chamber. As always happens, I was watching who was next and who I was to follow, but then the one between me and the next person did not turn up and I missed my slot. I had to come back without taking it.

I thank Mr. Creaney for his opening statement which I read earlier. The issue is-----

I will stop the Deputy to let him know that I asked the RSA a number of questions based on the opening statement. It might be useful. First, the RSA clarified the waiting time is down from 24 weeks to just under 15 weeks.

Yes, I understand that.

It is looking for sanction. Without committing, the RSA said it expects it to have approximately 165 or 170 permanent testers, but it needs sanction from the Department. All of them would be permanent testers rather than 130 permanent and 30 or 40 continuing to roll over as temporary. That is the information I got from the RSA-----

That is very useful

-----at the end of the meeting. I do not think Deputy Kenny was here and I want him to know it before he starts on a particular tack.

Yes, or a rehash of the same. I appreciate that.

The issue has been the continual use of people on a temporary basis. Permanent contracts need to be found for people for a whole range of reasons, including to allow them to plan their lives and have permanent employment. In many instances, we find when talking about such bodies as the RSA that they continually put it back on the Department by saying they have to wait for sanction and so forth. Perhaps there is truth in that and if so, it is put into the political process where we can put pressure on. We will certainly, as a committee and as individual Members of the Oireachtas, commit to doing so. It is important that we get a permanent workforce in place and that as a consequence we get the test times down, so that a better service is provided to the public. I commend Mr. Creaney on that. I will not get into it any more.

I do not have any questions. However, I assure the witnesses and their members of our commitment to trying to resolve this issue.

That comes from me on behalf of the committee as well, and on my own behalf. Mr. Creaney raised this issue clearly. Due to timing, the RSA appeared before Mr. Creaney, but I had read his opening statement. I put a few questions to it. Mr. Creaney is free to look back at what was said. It is up to him. However, I got the impression that the RSA is looking to increase the base and have more permanent testers. Perhaps when it reaches 165 or 170 testers, occasional temporary testers will still be needed on top of that, but that was not the impression I got. The impression is that the RSA is looking to increase its permanent tester base to a larger number, but needs departmental sanction which it will look for. The RSA did not give an absolute timeline but that is where it is looking to go because it wants to get the lists down. It has an SLA and commitments to keep to, with respect to the ten weeks, which, as was said, should be the maximum rather than the target.

Mr. Ruairí Creaney

I reiterate our gratitude to the committee having us today and for the support it is offering. We hope it leads to more permanent jobs for our members.

The driver testing service is important to the overall aims of the Road Safety Authority. Indeed, its management has said that the high standard of the driving test has been instrumental in bringing down the number of road deaths in the past 20 or 30 years. The big risk with these long waiting lists is the temptation for many people with a provisional licence who are waiting six months or longer for a driving test to get behind a wheel on their own to nip down to the shop. That is when accidents happen and we want to avoid that. These people deliver an important public service. Our members who are driver testers feel the public's frustration. They are as frustrated as everyone on the waiting list. The sooner this issue can be put to bed and we can secure additional permanent posts in driver testing, the better. We will certainly hold management to the word it gave today and we will be back in touch with members of the committee to make sure the sanction request goes in. Perhaps the committee could put pressure on the Department to sanction the request if and when it goes in later this year.

I thank Mr. Creaney. As we have all articulated, it is important, predominantly for young people and those getting into the system who have not applied for a driving licence before and are in the process. In many places in Ireland, public transport is not a viable option. People may not own a car but have the use of one. They want to be able to have a part-time job in the evening, travel to college, live their lives and participate in society. Many people want to get jobs and sometimes a car is needed for work and sometimes it is needed to get to work and public transport is not a viable option in some places. Everything the driver testers do is important for all our lives, especially so that people drive safely for themselves and their families. Unfortunately, road deaths are not going in the right direction at the moment, admittedly after vast improvement over many years. The last year or two has seen a reversal of that. We are all conscious of that and it is why we spent the past two hours discussing road safety.

The point Mr. Creaney made about the need for driver testers not to be on rolling temporary contracts is relevant. We need a bigger base of testers anyway, based on our increasing population, our young population and people coming from other countries. I thank Mr. Creaney for his opening statement. We will continue to be available to engage with him as necessary. I thank him for being here.

The joint committee adjourned at 4.09 p.m. until 1.30 p.m. on Wednesday, 8 May 2024.
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