Tony Killeen (Clare, Fianna Fail)

I acknowledge the amendment differs from that tabled on Committee Stage and I understand what Deputy Howlin is trying to achieve. I looked carefully at the implications of this because I did not have the defence legislation to hand on Committee Stage. However, I am still of the view that it is better dealt with in the terms presented in the Bill. While I acknowledge the new amendment from Deputy Howlin is closer to what I would have liked, the Bill deals adequately with this, particularly since section 5 of the Defence Act 1954 and section 4(1) of the Defence (Amendment) (No. 2) Act 1960 are relevant in this regard.

In particular circumstances, for example, a state of emergency, the use of the term "active service" in the Health, Safety and Welfare at Work Bill rather than "operational requirements" is more appropriate in the context of situations covered by the Defence Acts to which it is not appropriate to apply the provisions of this Bill. Perhaps on reflection, the Deputy will acknowledge there is a strong case in regard to maintaining the current terminology in the Bill. Having considered it very carefully, I believe the outcome with the current wording is likely to be better than if I agreed to the Deputy's amendment. However, his point about the Defence Forces and the difficulties that arose previously is well made. Lessons have been learnt in that regard.

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