Dáil Éireann Debate, Tuesday - 16 May 2023
16. Deputy Seán Haughey asked the Tánaiste and Minister for Defence for a report on the implementation of the working time directive recommended in the Defence Forces; and if he will make a statement on the matter. [22683/23]
View answer44. Deputy Matt Carthy asked the Tánaiste and Minister for Defence his plans to implement the working time directive within the Defence Forces. [22814/23]
View answer200. Deputy Matt Carthy asked the Tánaiste and Minister for Defence his intentions regarding the implementation the Working Time Directive; his proposed timeframe; and if he will make a statement on the matter. [22786/23]
View answerI propose to take Questions Nos. 16, 44 and 200 together.
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.
I wish to assure you however I am fully committed to ensuring that the provisions of the Working Time Directive are applied, where appropriate, to its members. This is in line with the Government commitment to remove the blanket exemption in the Organisation of Working Time Act, 1997 for both the Defence Forces and An Garda Síochána.
The removal of the blanket exemption in the Organisation of Working Time Act for the Defence Forces is a complex matter given the nature of some military activities. An extensive amount of work undertaken by military management, has already determined that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the Working Time Directive.
Recent European Case Law on military service, however, has also been clear that certain activities due to their specific nature, can be considered outside the scope of the Directive. The provisions of this Ruling have duly informed the proposed management position, which has as its guiding principle, the fundamental requirement to ensure that appropriate rights and protections with regard to health and safety, are afforded to serving members, while also ensuring that the Defence Forces can continue to fulfil their essential state functions.
Consultation with the Representative Associations on the implementation of the Working Time Directive is continuing, through a Sub-Committee of the Conciliation and Arbitration Scheme, and a number of issues raised by the Associations are being actively examined by both civilian and military management respectively.
I fully recognise the importance of implementing the provisions of the Directive and the positive impact it will have on serving members and I have directed that a final management position on the implementation of the Directive is to be submitted to me for my consideration and approval in the coming weeks.
To this end, I understand that a series of facilitated theme-based discussions between my officials, military management, and the Representative Associations, are scheduled to take place in the coming days.
I welcome this increased momentum and do not intend to pre-empt the outcome of those engagements at this time.
Upon my approval of a final management position on the implementation of the Directive, my Department will be engaging formally with the Department of Enterprise Trade and Employment who will take forward the appropriate legislative framework.
Responsibility for preparing the legislative framework required to bring the Defence Forces within the scope of the Act lies with the Department of Enterprise Trade and Employment and my officials are continuing to engage actively with that Department on this matter.
I can assure the Deputy that the health and safety of personnel in the Defence Forces remains an absolute 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 as appropriate, throughout the Defence Forces.
