Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank the Deputy for raising this issue. The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises is a statutory function of individual fire authorities under the Fire Services Act 1981. My Department supports fire authorities through setting general policy, issuing guidance on operational and other matters, providing a central training programme and providing a capital funding programme for priority infrastructure projects to support local authority expenditure.

The retirement age for retained firefighters has been the subject of many discussions between management and unions over time with many challenges faced in achieving an agreed position. In 2002, trade unions sought an increase in the retirement age and the associated ex gratia payment. This request was subject to a Labour Court referral and the Labour Court recommended the need to maintain a blanket retirement age of 55 but stated that from a health and safety perspective, this should be reviewed and objectively assessed by parties with the assistance of suitable experts. This allowed for the establishment of an expert group to carry out a review of the retirement age for all grades of the retained fire service. The expert group report published in 2003 considered a range of advice from different sources, including medical advice, and provided that retained firefighters would have the option of either retiring at the age of 55 or, subject to an annual compulsory medical assessment, an annual extension to a maximum age of 58 years.

Subsequently, in early 2020, the Workplace Relations Commission recommended that the existing provisions for the retirement age of retained firefighters should be amended to change the existing provision for an annual extension from 58 years to 60 years. Accordingly, my Department issued a circular to all local authorities in December 2020 directing that, on an interim basis, pending consideration of legislative amendments, retained firefighters could now continue working until they reach the age of 60, subject to annual compulsory assessment under the occupational health scheme.

The Government has recently approved an increase in the mandatory retirement age for members of the uniformed services to 62 and agreed that the Department of Public Expenditure, National Development Plan Delivery, and Reform will bring forward legislative proposals in that regard. It is the intention of the Minister, Deputy O’Brien, to engage with the Department of Public Expenditure, National Development Plan Delivery, and Reform to ensure the mandatory retirement age for firefighters is consistent with other uniformed services.

I would stress that it is essential that the retirement age reflects the requirement that firefighters should be capable of satisfactorily meeting the physically demanding nature of the role. In this regard, pursuant to the Safety, Health and Welfare at Work Act 1989, every fire authority, as an employer, has a statutory duty to avoid placing employees at unnecessary risk.

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