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

As the Deputy will be aware, the Defence Forces are currently excluded from the provisions of the Organisation of Working Time Act 1997 which transposed the EU working time directive into Irish law. The Government is committed to amending this Act and to bringing the Defence Forces and An Garda Síochána within the scope of its provisions, where appropriate.

Responsibility for preparing an appropriate legislative framework lies with the Department of Enterprise, Trade and Employment. My Department is working closely with that Department to progress the regulatory amendment required to remove the blanket exclusion and bring the Defence Forces within the parameters of the Act, while having regard to some activities which may require exemption or derogation from the provisions of the Act.

The working time directive, as the Deputy is aware, recognises the unique nature of certain military activities and allows for derogations or exemptions of such activities. A significant amount of work undertaken by civil and military management has determined that a high percentage of the normal everyday work of the Defence Forces is already in compliance and that a range of activities may also qualify for exemption. Legal interpretation of the directive continues to evolve and recent case law relating to military service is also informing the deliberations of civilian and military management. It is understood that these deliberations are at an advanced stage and will feed into amendments to the legislative framework.

A subcommittee of the defence conciliation and arbitration council, comprising the representative associations, military and civil management, has been established to discuss matters relating to the implementation of the working time directive, where appropriate. It is intended to convene a meeting of this subcommittee in the near future once the discussions between civilian and military management are concluded.

I can assure the Deputy that the health and safety of personnel in the Defence Forces remains a priority for me and for the Chief of Staff. We remain fully committed to ensuring the provisions of the working time directive are applied throughout the Defence Forces.

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