Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I never waste time. I propose to take Questions Nos. 66 and 81 together.

The limitations on working time set out in the working time directive are for the purpose of preserving the health and safety of personnel. The Department of Defence and military management are aware of the provisions of the working time directive and have been working closely to progress its implementation. As I have previously informed the House, a Government decision, dated 18 November 2016, approved the drafting of the heads of a Bill to amend the Organisation of Working Time Act 1997. It will remove the blanket exclusions contained in section 3 of the Act. Work is under way in the Department of Defence and the Department of Employment Affairs and Social Protection towards the progression of 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 the members of the Defence Forces. A review of Defence Forces activities found that a high percentage of the normal everyday work of the Defence Forces appeared to be already in compliance with the directive. Certain activities were identified which might require a derogation, as provided for, from its terms. Other activities, owing to their nature, are unique and will require further consideration and broader consultation. However, I am confident that such measures can be progressed without compromising the health and safety of members of the Defence Forces.

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 in June this year 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 and it is not appropriate to comment further on it at this point. The Department of Defence is engaging through the conciliation and arbitration process with the Defence Forces representative associations to discuss the application of the working time directive to the Defence Forces.

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