Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

I propose to take Questions Nos. 11, 34 and 43 together.

As I have already advised, 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. I assure the Deputies that the Government remains fully committed to ensuring the provisions of the working time directive are applied, where appropriate, to the Defence Forces. This is in line with a Government commitment to remove the blanket exemption in the Organisation of Working Time Act for both the Defence Forces and An Garda Síochána.

The Department of Enterprise, Trade and Employment is responsible for preparing the legislation and my officials are working with that Department. The removal of the blanket exemption in the Organisation of Working Time Act for the Defence Forces is a complex matter given the nature of some military activities. A significant amount of work already undertaken by military management has determined that a high percentage of the normal everyday work of the Defence Forces is in compliance with the working time directive.

Recent European case law has been clear that certain activities, due to their specific nature, can be considered outside the scope of the directive. The provisions of this ruling have duly informed the proposed management position, which has as its guiding principle the fundamental requirement to ensure that appropriate rights and protections concerning health and safety are afforded to serving members, while also ensuring the Defence Forces can continue to fulfil their essential State functions.

A robust time and attendance system is also essential in ensuring the provisions of the working time directive are properly afforded to serving members of the Defence Forces, and bringing this work forward is a priority.

Dialogue with the representative associations on the proposed management position is continuing through a subcommittee of the conciliation and arbitration scheme, and I am aware that a number of issues raised by the associations are actively being examined by both civilian and military management, respectively. It would, therefore, be inappropriate at stage for me to comment further while the process is ongoing.

A final management position on the implementation of the directive is expected to be submitted to me very shortly for my consideration and approval once this dialogue is concluded. Thereafter, my Department will work with Department of Enterprise Trade and Employment officials to get the legislative work done. That is the agenda.

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