Dáil debates

Thursday, 3 April 2014

Topical Issue Debate

Defence Forces Personnel

4:10 pm

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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First, I extend apologies on behalf of my colleagues, Deputies Willie Penrose and Jack Wall, who strongly support my stance and share my concerns in relation to this matter but due to other commitment are unable to be here. I thank the Ceann Comhairle for affording me the opportunity to speak on the very serious issue of compulsory redundancy of enlisted Defence Forces members.

I am aware that negotiations are ongoing between PDFORRA and officials of the conciliation and arbitration section of the Department of Defence. However, time is of the essence in respect of this issue which is causing great distress in my constituency and, in particular, Kilkenny. The compulsory redundancy of enlisted Defence Forces members, which is based on an upper service limit of 21 years, means those recruited into the force in 1994 and post-1994 stand to be discharged on 10 April next year. These troops will be generally in their mid-30s to early 40s and will have high mortgages, loan repayments, child care costs and young families who must be supported. Many of them are already reliant on the State subsidy of family income supplement. Therefore, this is not just an economic matter but a social one. Continuing in employment is vital to them and their families.

Naturally, the renewal of contracts is based on eligibility criteria being met, including fitness and medical standards, with which I agree. As well as meeting the criteria, members must also complete service duty abroad and have reached the rank of sergeant through the completion of the non-commissioned officer course. Owing to the recession and subsequent closure of the barracks in Clonmel, there was an influx of transfers to the barracks in Kilkenny.

This has resulted in a reduction in the number of places available on the NCO course. Most NCO courses have been over-subscribed, which means that, despite having met the other relevant standards, those applying are unable to make the rank of sergeant due to a lack of vacancies. Post-1994 personnel under the rank of sergeant cannot reach their maximum pension, which is 31 years' service, as a consequence. I am not suggesting that such criteria should be deviated from but I am of the view that a degree of flexibility should be shown.

It does not make sense that serving members of the Defence Forces will be discharged after completing 21 years' service, despite having passed all relevant fitness and medical tests. In some instances, these individuals might be qualified technicians. It also does not make sense for pension and redundancy packages to be paid in respect of these people, only for the positions they held to be filled by other members of the Defence Forces. This means that the Department will be paying pensions, redundancy packages and salaries in respect of the positions in question.

Through the training technician scheme, re-enlistment to undergo technician training takes place seven or eight years after someone joins. In addition, 12 years' service may have been delivered by the time a person is fully trained. As a consequence, a fully trained technician will only serve a maximum of nine years. In such circumstances, I fully support PDFORRA's call to have an upper service limit of 50 years for privates and corporals. This would be much more logical and would give rise to much greater dividends. In no other sector of the public service are service periods limited to 21 years. I look forward to the Minister of State's reply.

4:20 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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I thank the Deputy for raising this matter. My colleague, the Minister for Defence, is aware of the interest in the issue and recently spoke on it in the House.

I will commence by outlining the background to the current upper service limits applicable to personnel who enlisted in the Permanent Defence Force, PDF, after 1 January 1994. Due to the robust nature of many military operations and their attendant physical training regimes, personnel are exposed to a unique range of challenging environments. In these circumstances, it is vital that the age and health profile of personnel be such as to ensure that operational capability and effectiveness are not compromised. In 1990, the Gleeson commission commented on the unsatisfactory age and fitness profile of members of the PDF. Thereafter, an in-depth study of the Defence Forces which was compiled by the then Price Waterhouse consultants - who were engaged by the efficiency audit group, EAG - and published in 1994 expressed severe criticism of the age profile of members of the Defence Forces. The EAG's report was accepted by then Government in 1995. The findings contained in this report reflected the serious concerns which the military authorities had held for a number of years in respect of the age profile of members of the Defence Forces.

The current terms of enlistment for general service recruits arose as a result of the criticisms in the EAG report. One of the key areas identified for urgent action by the EAG was the development of a manpower policy, with an emphasis on lowering the age profile of Permanent Defence Force personnel. In an effort to alleviate the situation, the Government that was in office in 1993 had already decided to enlist personnel on a five-year contract basis, following consultation with Permanent Defence Force Other Ranks Representative Association, PDFORRA. In 1997, agreement was reached with PDFORRA on a new manpower policy for the Defence Forces. This policy, applying to personnel enlisted after 1 January 1994, provided that service for private soldiers would initially be for five years, with the option to be extended to a maximum of 12, subject to meeting standards of medical and physical fitness and conduct. Longer periods of service were envisaged for non-commissioned officers. In 2004, PDFORRA submitted a claim under the conciliation and arbitration scheme for a further review of the terms of service applying to personnel enlisting in the Permanent Defence Force after 1 January 1994. A set of criteria was agreed with PDFORRA to provide longer careers for those who enlisted post-1 January 1994, while continuing to address the Government's objective of having an appropriate age profile to meet the challenges facing a modern military.

The criteria require that any person re-engaging after 12 years' service must be able to continue to operate at his or her current level, both at home and overseas, on an ongoing basis. Re-engagement is subject to the individual soldier meeting specified criteria in regard to physical fitness, medical category, successful completion of military courses of instruction, service overseas and conduct ratings. The maximum service period for these personnel is as follows: enlisted personnel, up to and including the rank of corporal - and equivalent Naval Service rank - may not serve beyond 21 years; enlisted personnel, in the rank of sergeant may be permitted to continue in service up to the age of 50 years; and enlisted personnel in all higher ranks may serve to the age of 56.

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I apologise for interrupting but the Minister of State's time is exhausted. I suggest that he deliver the second half of his reply during his next contribution.

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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I thank the Minister of State for his reply. He referred to enlisted personnel in the rank of sergeant and therein lies the difficulty. As a result of the influx of other people and the imposition of the moratorium, those who need to reach that level have not been able to do so. Many members of the Defence Forces are skilled in particular areas and they simply will not be in a position to transition into areas of civilian employment. They will be forced to avail of jobseeker's benefit for a period of nine months, at the single rate of €188 per week. The overall amount in this regard will be €1.1 million. The cost to the Exchequer of replacing 100 to 120 post-1994 corporals and privates will run to €1.3 million in pension costs per annum and will give rise to a once-off €2.1 million in gratuities. It has been calculated that the state would benefit by €20,000 per individual if they remained in service as opposed to being discharged. Apart from the economic impact this will have on these Members and their families, we must ask ourselves what will be the social impact.

This matter is causing huge distress. I accept the medical and other criteria being put forward. However, I do not believe it was ever envisaged that men in their mid-30s or very early 40s would be trying to return to the civilian workforce. We are all aware of the difficulties relating to that workforce at present. It is worth pointing out that most of the people to whom I refer have served in Libya, Lebanon and elsewhere. A number of them are currently in Syria and when they return home, they will discover that they are going to be discharged next year. There is an element of injustice in the fact that people who have placed their lives at risk for the rest of us might be treated in this way. I understand that negotiations on this matter are ongoing but I want to flag for the Minister of Defence the importance of this issue to me and to the people of Kilkenny.

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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As the Deputy quite rightly pointed out, negotiations relating to the scheme are in progress. I cannot say anything about those negotiations because they are confidential in nature.

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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I accept that.

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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I hope that they will be brought to a satisfactory conclusion. However, I accept the importance of bringing to the attention of the Minister the points the Deputy raised.

As a result of the fact that military life places unique physical and psychological demands on individuals, it is necessary that members of the Permanent Defence Force be physically and mentally prepared to meet the challenges of all military operations and be in a position to undertake their duties when on deployment overseas. It is, therefore, vital that the age and health profile of personnel be such as to ensure that operational capability and effectiveness are not compromised.

As such, to maintain the age profile of the Defence Forces to carry out the operational tasks required by the Government, it is necessary to have a constant input of recruits. The maximum age for personnel who have enlisted in the Permanent Defence Force post 1 January 1994 provides the mechanism through which a satisfactory age profile can be achieved. I hope this helps Deputy Phelan in some way.