Political court battle looms over RHA Act

Health Minister John Rahael yesterday said the Act to amend the Regional Health Authorities (RHAs) Act 1994 was to allow the smooth transfer of workers from the Public Service and put them on the “same footing” with their colleagues already in the RHAs. Out of 9,000 health sector employees, 5,000 are still to transfer.

He said RHAs faced difficulty managing with the parallel employment structure in which the workers in the Public Service answered to the Permanent Secretary and others in the RHAs who were under the RHA chief executive officer. However, former Health Minister in the United National Congress, Dr Hamza Rafeeq, accused the Government of using Parliament and the Bill to settle personal scores against doctors who are part of the Medical Professionals Association of TT (MPATT), to force the Public Services Association (PSA) on doctors and ensure MPATT is “a still born union.” Rafeeq warned Rahael of a legal battle if Government passed the Regional Health Authorities (Amendment) Bill 2004 with a simple majority. He said the Opposition will not support the Bill and the Government will be without the constitutional majority required for it to be passed. “The day after the president assents to this Act, you will be facing the court, I want to tell you the legal documents are already prepared.”

The normally sedate Opposition Member of Parliament for Caroni Central delivered several salvos in the debate in the House of Representatives yesterday. “The Minister destroyed an entire industry to get rid of a union perceived to be supporters of the Opposition,” he said with reference to Rahael’s tenure as Agriculture Minister when Caroni 1975 Ltd was closed and its employees offered voluntary separation of employment packages. Rafeeq said the Minister was not dealing with poor, illiterate, helpless sugar workers but professionals whose services were far more important than his will ever be. “Do not for one moment think because you have succeeded in destroying so many people once you will get away with it. Don’t think this group will take it lying down. This is a totally different fight.”

Under the amendment for MPATT to get bargaining status for any group, it will have to have 50 percent of the bargaining unit (not just doctors) because the unit now comprised all monthly paid staff including nurses, pharmacists and clerical staff. Rafeeq said this will impact on any plan to delink doctors and nurses from the rest of the RHA staff for bargaining purposes. Rafeeq said the doctors worked hard to create and sustain MPATT and were not going to “sit by an allow their efforts to go down the drain by you exercising your majority in the Parliament.” He questioned the proposed amendment to give the PSA certification as the recognised majority union for Public Service workers who transfer when Section 31 of the RHA Act 1994 already makes provision for workers to “taking across with them the union that represented them when they were in the Public Service.”

Rafeeq said the Bill seeks to force the PSA on all monthly paid workers, and took away their right to say if they wanted the union. Describing the Bill as illegal, unconstitutional, dictatorial, he appealed “in the interest of decency” for it to be withdrawn. He predicted that Government would lose its case in court and the taxpayers will have to pay “for the folly, hard headedness and arrogance of the Minister and his Cabinet.” Rahael did not have an easy time during his almost hour-long contribution. Opposition members were particularly raucous giving their picong. The noise caused House Speaker Barry Sinanan on four occasions to appeal for “order please.” He eventually threatened to use the Standing Orders to prevent further disturbance.  On one occasion, he reminded that a motion was recently passed to have the sittings televised. He told the MPs doctors were present in the public gallery and they, along with the Hansard reporter, wanted to hear proceedings. An outburst was evoked from Opposition Leader Basdeo Panday when the Speaker cautioned Rafeeq when his presentation lingered too long on the plight of Caroni workers. Panday wondered aloud at the Speaker’s advice since Rahael was allowed to “ramajay all over” in his.

Minister Rahael said persons transferring to the RHAs will have a five percent addition to their salaries which would go towards the Pension Plan, while the employer will continue to contribute 13.3 percent. He said the Act will give them security of tenure and regularise salaries. Referring to the majority recognition being given to the PSA, Rahael said “it is just the majority of workers coming across are represented by the PSA and will continue to be represented by the PSA.” He said any group who wanted to challenge the PSA for any group of workers is free to do so. Rahael used the opportunity to provide details of his Ministry’s work in several areas in the health sector including training programmes, new equipment, improvements at hospitals and health centres.