New recruitment curbs in HSE may be unlawful, Labour Party says

New recruitment restrictions in the Health Service Executive (HSE), which require posts to be approved by the Department of Health, could be unlawful, the Labour Party has said.Labour Party health spokeswoman Marie Sherlock said she asked Minister for Health Jennifer Carroll MacNeill to set out the legal basis for the new rules on staffing, which is aimed at offsetting a likely €1 billion financial overrun this year.The Irish Times reported on Saturday that doctors had argued the new restrictions on recruitment and promotions represented a “de facto recruitment freeze”, which presents “clear and significant risks to patients”. Nurses said staff and patient safety have been “thrown out the window”.READ MOREA new four-stage recruitment authorisation process has been introduced with each position now requiring approval by the Department of Health – even in cases where posts had previously been authorised within the HSE.[ Health staff face sweeping promotion restrictions under spending controlsOpens in new window ]“The above sanction requirement applies to all recruitment, replacement, promotion and conversion posts without exception, including graduate appointments, agency conversions and any other category of appointment or internal progression that would impact the overall pay bill,” a directive to top-level HSE management, which came into effect in mid October, states.The restrictions apply to four regions of the HSE that have gone 2 per cent or more above their official pay bill. These are HSE South West, HSE Dublin South East, HSE Dublin and Midlands, and HSE West and North West.The new measures, which have no specified end-date, come as the latest HSE forecasts to Government maintain it will face a €1 billion cash deficit by the end of the year. The projections suggest the health service will overspend its official pay budget by €142 million.In a letter to the Minister, Sherlock asked whether the new employment restrictions had been put in place under a directive from Carroll MacNeill under provisions in the Health Act.She also asked whether the HSE board – which is appointed by the Minister – had approved the new recruitment process before it came into effect.Sherlock asked if the new rules came on foot of a ministerial directive, and whether this would be laid before the Oireachtas as required under the legislation.The Minister’s office has been approached for comment.Sherlock also asked if, on foot of the financial overrun in the health service, had the HSE’s 2026 service plan or the 2026 expenditure determination been amended this year.