Dáil Éireann Debate, Thursday - 6 October 2022
84. Deputy Cathal Berry asked the Minister for Defence the way in which he will implement the European Union Work Time Directive in the Defence Forces; when he expects the Defence Forces to be in compliance with same; and if he will make a statement on the matter. [49047/22]
View answerAs the Deputy will be aware, the Defence Forces are currently excluded from the provisions of the Organisation of Working Time Act 1997, which transposed the EU Working Time Directive into Irish Law. The Government, however, has committed to amending this Act and bringing both the Defence Forces and An Garda Síochana within the scope of its provisions, where appropriate.
The Working Time Directive, recognises the specific nature of certain military activities and allows for derogations or exemptions of such activities. Extensive work undertaken by civil and military management has determined that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the Working Time Directive. However, it has also been determined that there are some activities which may qualify for an exemption or a derogation due to their very specific nature.
There have been extensive and ongoing deliberations by civilian and military management on the wider implementation of Working Time Directive within the Defence Forces with a view to formulating a proposed management position for my consideration and approval.
Those deliberations have being informed by the interpretation of recent European Case Law on military service, as well as the fundamental requirement to ensure that rights are afforded to serving members, while ensuring that the Defence Forces can continue to fulfill their essential state functions. As the Deputy will appreciate, these are complex matters.
I’m pleased to note that consultation on the proposed management position with the Representative Associations through the mechanism of the Working Time Directive Conciliation and Arbitration Sub-Committee, has recently commenced and that dialogue is continuing. In this context, I understand that a number of matters have been raised by the Representative Associations and these are being actively examined by civilian-military management.
As I'm sure the Deputy will appreciate, I need to let the Sub-Committee do its work and for this reason, I will not be commenting further on the matters under consideration or pre-empting the outcome of this consultative process.
Upon conclusion of engagement with the Representative Associations, the final management position on the implementation of the Working Time Directive within the Defence Forces, will be submitted to me for my consideration and approval.
My officials will thereafter be engaging with the Department of Enterprise Trade and Employment, who , as the Deputy will be aware, are responsible for bringing forward the necessary amendments to primary legislation.
I can assure the Deputy that the health and safety of personnel in the Defence Forces remains a priority for myself and the Chief of Staff and we remain fully committed to ensuring that the provisions of the Working Time Directive are applied appropriately throughout the Defence Forces.
