Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I previously informed the House that a Government decision on 18 November 2016 approved the drafting of the heads of Bill to amend the Organisation of Working Time Act 1997. This will remove the blanket exclusion of An Garda Síochána and members of the Defence Forces from its scope. It will be subject to the application of the appropriate exclusions or derogations permitted by EU Directive No. 2003/88/EC.

Work is under way in the Department of Defence and the Department of Employment Affairs and Social Protection on this decision. The Department of Defence and the Defence Forces have undertaken significant work in examining the nature of the duties of the Defence Forces and how the Working Time Directive can be applied to members of the Defence Forces. I will amend the Defence Force regulations, as required, to facilitate this process.

I recently signed an amendment to Defence Forces regulation A11 dealing with leave. This amendment increases to four working weeks from 19 days the amount of carry-over leave allowed to members of the Permanent Defence Force in circumstances where the member could not take annual leave as a result of being on certified sick leave, adoptive leave or maternity leave.

My Department will also engage, through the conciliation and arbitration process, with the Defence Forces representative associations to discuss the application of the provisions of the Working Time Directive to the Defence Forces. However, this can be constrained if litigation is being pursued. Litigation taken by a member of the Permanent Defence Force in respect of the applicability of certain elements of the Working Time Directive to the Defence Forces was settled recently in the High Court having regard to the specific circumstances of that case. Further litigation on the Working Time Directive as it relates to the Defence Forces is pending.

For these reasons it would not be appropriate to comment further.

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