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

That is a fair question. 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, however, has committed to amending this Act and bringing both the Defence Forces and An Garda Síochána within the scope of its provisions where appropriate. The EU working time directive recognises the specific nature of certain military activities and allows for derogations or exemptions of such activities. Extensive 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 with the EU working time directive. However, it has also been determined that there are some activities which may qualify for an exemption due to the very specific nature.

I understand that ongoing deliberations between civil and military management on the wider implementation of the EU working time directive within the Defence Forces are at an advanced stage. In fact, they are nearing conclusion. The deliberations between civil and military management are being informed by the interpretation of recent European case law on military service, the fundamental requirement to ensure that rights are afforded to serving members, and the requirement to ensure the Defence Forces can continue to fulfil their essential State functions.

As the Deputy will appreciate, these are complex matters. I am assured that the outcome of these deliberations, including with regard to possible exemptions for certain activities, will be fully aligned with the provisions of the EU working time directive and case law on these matters. Furthermore consultation with the representative associations on the outcome of the deliberations by civil and military management on the wider implementation of the EU working time directive will be undertaken through the mechanism of the working time directive conciliation and arbitration subcommittee in the very near future. My Department will thereafter engage with the Department of Enterprise, Trade and Employment, which is the lead Department responsible for drafting any necessary amendments to the primary legislation.

I can assure the Deputy that the health and safety of personnel in the Defence Forces remains a priority for myself and the Chief of Staff and we remain fully committed to ensuring the provisions of the EU working time directive are applied throughout the Defence Forces. We are within weeks of finalising the issues in terms of what derogations should and should not apply.

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