§ Mr. BurstowTo ask the Secretary of State for Health what steps he is undertaking to ensure that the Working Time Directive is implemented for all NHS and social care staff. [75710]
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§ Mr. Hutton[holding answer 22 October 2002]: The European Working Time Directive (EWTD) currently applies to all health and social care staff, with the exception of doctors in training.
The Department issued guidance in Health Service Circular 1998/204, Working Time Regulations—Implementation in the NHS. It is for local National Health Service employers, within the guidelines issued by the Department, to conform to the legislation as an individual employer. In relation to the social care workforce, individual employers in the statutory, private and voluntary sectors are also required to conform to current legislation, assuming their responsibility as the employer.
Doctors in training will come under the EWTD from August 2004, which will be introduced in stages with an initial maximum requirement of 58 hours reducing to 48 by 2009. The Department will be issuing guidance on implementation this autumn and is working with stakeholders including the medical Royal Colleges, British Medical Association, NHS Confederation and the service to ensure that effective solutions are developed. The Department is also funding a programme of pilot projects based in NHS trusts to develop and test innovative solutions to EWTD implementation. Full details of the pilot programme will be announced when the guidance is issued.