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

As the Deputy is 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. I assure the Deputy 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 the Government commitment to removing the blanket exemption in the 1997 Act for both the Defence Forces and An Garda Síochána. Responsibility for preparing the legislative framework required to bring the Defence Forces within the scope of the Act lies with the Department of Enterprise, Trade and Employment. My officials are continuing to engage actively with that Department on this matter.

I emphasise that it is not the case that civil-military management are seeking significant exemptions to the implementation of the directive. The removal of the blanket exemption in the 1997 Act for the Defence Forces is a complex matter, given the nature of some military activities. A significant amount of work undertaken by military management has determined that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the directive. However, recent European case law has been clear that certain activities, due to their specific nature, must 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 appropriate rights and protections with regard to health and safety are afforded to serving members, while also ensuring the Defence Forces can continue to fulfil their essential State functions. Dialogue with the representative associations on the proposed management position is continuing through a subcommittee of the conciliation and arbitration scheme. A number of issues raised by the associations are actively being examined by both civilian and military management, respectively. At this stage, therefore, it would not be opportune for me to comment further while this engagement continues. A final management position on the implementation of the directive is expected to be submitted shortly for my consideration and approval, once this dialogue is concluded. Thereafter, my Department will be engaging formally with the Department of Enterprise, Trade and Employment, which will take forward the appropriate legislative framework.

I assure the Deputy that the health and safety of personnel in the Defence Forces remains a priority for me and the Chief of Staff. We remain fully committed to ensuring the provisions of the working time directive are applied, as appropriate, throughout the Defence Forces, in line with the recommendations of the Commission on the Defence Forces.

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