John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

83. To ask the Taoiseach and Minister for Defence the progress that has been made to date on the full implementation of the working time directive as it applies to the Defence Forces. [47078/21]

John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

There are many issues facing members of the Defence Forces that are leading to what can be only described as an exodus of members. These have been widely articulated by representative bodies such as PDFORRA and the Representative Association of Commissioned Officers, RACO, and they include issues such as post-1994 contracts and the working time directive. I ask the Minister to update me on the full implementation of the working time directive.

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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 is committed to amending this Act and to bringing the Defence Forces and An Garda Síochána within the scope of its provisions, where appropriate.

Responsibility for preparing an appropriate legislative framework lies with the Department of Enterprise, Trade and Employment. My Department is working closely with that Department to progress the regulatory amendment required to remove the blanket exclusion and bring the Defence Forces within the parameters of the Act, while having regard to some activities which may require exemption or derogation from the provisions of the Act.

The working time directive, as the Deputy is aware, recognises the unique nature of certain military activities and allows for derogations or exemptions of such activities. A significant amount of 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 and that a range of activities may also qualify for exemption. Legal interpretation of the directive continues to evolve and recent case law relating to military service is also informing the deliberations of civilian and military management. It is understood that these deliberations are at an advanced stage and will feed into amendments to the legislative framework.

A subcommittee of the defence conciliation and arbitration council, comprising the representative associations, military and civil management, has been established to discuss matters relating to the implementation of the working time directive, where appropriate. It is intended to convene a meeting of this subcommittee in the near future once the discussions between civilian and military management are concluded.

I can assure the Deputy that the health and safety of personnel in the Defence Forces remains a priority for me and for the Chief of Staff. We remain fully committed to ensuring the provisions of the working time directive are applied throughout the Defence Forces.

John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

We are aware that accelerated provisions were introduced on two fronts with regard to rest after a specific period at the weekend. That is to be welcomed. We have been told on many occasions that there is ongoing engagement with the representative bodies with regard to the implementation of the working time directive. Unfortunately, the last meeting with the representative bodies was on 24 July 2019, despite repeated attempts to have a meeting convened. Every two months, requests for a meeting are made but no meeting has yet been convened. Despite what the Minister said in his response, the reality is it is not happening.

We have repeatedly heard from the Minister and the former Minister of State, Deputy Kehoe, that legislation is forthcoming yet no legislation has come forward and there is no specific timeframe for legislation to ensure the working time directive is fully implemented. I ask the Minister to outline that process.

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As I have already indicated, significant work has been undertaken to examine the nature of the duties of the Defence Forces and how provisions of the working time directive can be applied to its members. This review determined that a high percentage of activities are already compliant with the directive. It is important to recognise that. On foot of engagement with the representative associations through the subcommittee as part of the conciliation and arbitration scheme, compensatory rest is already provided for certain duties. This is also in line with the provisions of the directive. Legislation is required to legally apply the working time directive to the Defence Forces and the Department of Enterprise, Trade and Employment has lead responsibility for bringing forth that legislation. My Department will work with that Department in drafting the required legislation. The issues being considered are not straightforward and there is a requirement to ensure that the health and safety of personnel is protected while the Defence Forces retain operational effectiveness. Deliberations between the civil and military management are, however, well advanced and are being informed by recent case law pertaining to military service.

The Department is taking this seriously. There is ongoing dialogue between civil and military management. We will work with the Department of Enterprise, Trade and Employment to bring forward the necessary amendments as soon as we can.

John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

There may be engagement between the Department and senior military management but there is no engagement with the representative bodies. The Minister will be aware of the initiation of legal proceedings such is the frustration with regard to the lack of engagement. This is fundamentally a health and safety issue that cannot be ignored any longer. The failure to implement the working time directive is directly leading to the burn-out of members of the Defence Forces, as outlined by the representative body, RACO, at a meeting of the Joint Oireachtas Committee on Foreign Affairs and Defence prior to the summer. RACO has stated that the failure to implement the directive is directly leading to the burnout of members. This was also reflected in the University of Limerick workplace climate survey and the focus group reports in 2015, 2016 and 2017.

Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Thank you, Deputy, you are over time.

John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

It is a safety issue, but it is also leading to an exodus of members.

Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I ask everyone to stick to the one-minute allocation in regard to supplementary questions.

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

It is a safety issue and a workplace relations issue. That is why we will be implementing the working time directive. We will provide in Irish law that the exclusion from the legislation of the Defence Forces and An Garda Síochána is addressed. We are committed to doing that. I am happy to speak to RACO and-or PDFORRA in regard to that issue. I am meeting them in a few weeks time and we will be discussing a whole range of issues. I am happy to update them on progress in this space as well. It is important to recognise that the working time directive already provides a significant level of guidance in terms of how we approach HR issues within the Defence Forces, but that is not enough. We need to get the legal protections in place to do that and to agree what the exemptions are because a career in the Defence Forces and working in the Defence Forces is different from other workplace environments. Everybody accepts that. That work is well advanced.