Brendan Howlin (Wexford, Labour)

I move amendment No. 11:

In page 17, line 37, to delete "except" and substitute the following:

"but the application of this Act to the Defence Forces in the following areas shall be subject to the operational requirements of the Defence Forces, viz".

I debated this matter on Committee Stage and the Minister of State very helpfully sent me a note on his reasoning. The purpose of the amendment is one in which the Acting Chairman, Deputy Sherlock, would be interested. It is to modify the blanket exemption for the Defence Forces from safety legislation. The Defence Forces should, except in exceptional circumstances, have the protection of the same health and safety regulations as everybody else. It would be better to apply the Act generally to the Defence Forces but to provide exceptions regarding operational requirements. That is the logic from which we are coming, that is, that all workers, including members of the Defence Forces, would be included but that we would specify the exceptions where members of the Defence Forces would be required, in set circumstances and for operational purposes, to be exempt.

The Minister of State did not have the Defence Act to hand on Committee Stage, so he did not clarify the matter. As the Minister of State will see, our amendment has been amended to make it clear that my wish is to retain what the Bill states but to extend its provisions to provide some safety obligation in respect of training, aid to the civil power, duties at sea and active service matters, that is, the issues set out in paragraphs (a) to (d) of the subsection. It is a different approach to the one I took on Committee Stage. I hope to take the spirit of what the Minister of State indicated but not have the blanket, non-application of health and safety legislation to the Defence Forces.

The Minister of State explained in his note to me that health and safety provisions apply fully when members of the Defence Forces are not on active service. He said the provisions of the 1989 Act have had a significant influence on health and safety provisions in the Defence Forces. I am delighted to hear that, as it is important. God knows, the State has paid a fairly hefty bill in regard to health and safety matters in respect of the Defence Forces and I hope we are not still making mistakes in the same area.

The type of exclusion about which the Minister of State is talking is compatible with Article 2(2) of the EU directive on safety and health 89/391 and, therefore, it is not appropriate to amend the Bill. I hope the Minister of State will have regard to the amendment I have tabled and will see it meets the operational requirements of the Army and provides some obligations on the authorities in regard to training and the other duties which fall to the Defence Forces to carry out in our name.

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