Oireachtas Joint and Select Committees

Thursday, 10 November 2022

Select Committee on Foreign Affairs and Trade, and Defence

Estimates for Public Services 2022
Vote 35 - Army Pensions (Revised)
Vote 27 - International Co-operation (Revised)
Vote 28 - Foreign Affairs (Revised)

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

Let me give the Deputy the official position on the working time directive. We are making progress on this and it will be concluded pretty soon. The EU working time directive was transposed into national legislation by way of the Organisation of Working Time Act 1997. The Defence Forces are excluded from the provisions of that Act. The Government is committed to amending this Act and bringing the Defence Forces and An Garda Síochána within the scope of its provisions.

The working time directive recognises the unique nature of certain military activities. A high percentage of the normal everyday work of the Defence Forces is already in compliance with the directive. A sub-committee of the conciliation and arbitration council comprising representative associations and military and civil management has been established to discuss matters relating to the implementation of the working time directive. A robust time and attendance system will be an essential element in ensuring the provisions of the directive are properly afforded to serving members of the Defence Forces, and this is a priority. Consultation on the proposed management position with the representative associations, through the mechanism of the working time directive conciliation and arbitration sub-committee, has commenced and dialogue is continuing. In this context, a number of matters have been raised by the representative associations, and these are being actively examined by civilian–military management. 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 departmental officials will thereafter be engaged with the Department of Enterprise, Trade and Employment, which is responsible for bringing forward the necessary amendments to primary legislation.

In essence, we are trying to finalise what exemptions apply to ensure we can have an efficiently run military in Ireland while at the same time applying the working time directive as broadly as we possibly can for people working in the Defence Forces. Military management has a perspective, which it has shared. The representative bodies have responded to that. We are working through the response now to try to get a basis for an agreement that I hope can allow us to move forward and ensure the amending legislation will be passed in the new year.

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