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

1. To ask the Taoiseach and Minister for Defence the progress that has been made towards implementing the working time directive for members of the Defence Forces; and if he will make a statement on the matter. [5155/23]

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

I am conscious that this is our first question time with the new Minister. I congratulate him on his new appointment. It is also our first question time since the tragic murder of Private Seán Rooney on 14 December so I will take this opportunity to offer my condolences to his friends, family and comrades and to wish Trooper Shane Kearney a speedy recovery from his serious injuries. Will the Tánaiste give us on update on the work that has been going on over recent years with regard to full implementation of the working time directive for members of the Defence Forces?

Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I thank the Deputy for his kind comments on my appointment as Minister for Defence and for his heartfelt comments on the very sad passing of Private Seán Rooney. I visited his comrades in Lebanon last week. We can talk about that later.

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 European working time directive into Irish law. However, the Government has committed to amending this Act and bringing both the Defence Forces and An Garda Síochána within the scope of its provisions, where appropriate in light of the nature of some of their duties. The 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 to progress these changes.

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 working time directive.  However, it has also been determined that there are some activities which may be outside the scope of the directive due to their very specific nature.  A robust time and attendance system is also an essential element in ensuring that the provisions of the working time directive are properly afforded to serving members of the Defence Forces and progress on this matter is also a priority.

Extensive deliberations between Department of Defence officials and the military authorities on these matters have been informed by the interpretation of recent European case law on military service as well as by the fundamental requirement to ensure that rights are afforded to serving members while ensuring that the Defence Forces can continue to fulfil their essential State functions.  I am pleased to say that dialogue with the representative associations on a proposed management position is continuing and I am aware that a number of issues raised by the associations are actively being examined by civilian-military management.  We should allow space for this dialogue to continue. I hope we will see the outcome of that dialogue relatively quickly.

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

The Tánaiste will be very aware that the Defence Forces are now reaching breaking point with members leaving in great numbers. Over the last 12 months, since the publication of the report of the Commission on the Defence Forces, a further 500 members of the Defence Forces have left. There are very significant pressures on members of the Defence Forces. The critical need to fully implement the working time directive has been highlighted time and again. In the Government's response to the commission's report, the high-level action plan, a number of early actions to be completed within six months of the Government decision, which was taken in July of last year, are indicated. One of these, which had regard to the working time directive, read "Heads of Bill to be finalised with a view to submitting to the Attorney General’s office." It has now been seven months since the Government's decision to implement level of ambition 2 and we have yet to see the heads of any Bill. What is the position with regard to the legislation? Will the Tánaiste touch on the exemptions? What exemptions are being looked at because the directive needs to be implemented in full?

Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I have discussed this with my officials in recent days. A final management position on the implementation of the directive will be submitted to me for my consideration and approval. Thereafter, our officials will work with officials in the Department of Enterprise, Trade and Employment, who will take forward the appropriate legislative framework. I have asked my officials to expedite this, to make sure the dialogue I referenced earlier can be brought to a conclusion and to get the final management position in so that we can move on this issue.

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

That is simply not good enough. In the Government's own high-level action plan for the implementation of the commission's recommendations, the low-hanging fruit was considered to be the bringing forward of heads of a Bill with regard to the working time directive. The Tánaiste now tells me that work has not even started. The Government's legislative programme for the spring does not even mention the drafting of such legislation as a priority. There is little or no faith in the Government's willingness or ability to implement any of the recommendations of the commission's report, particularly when its own high-level action plan is not being implemented. We were told that the heads of a Bill with regard to the working time directive would be brought forward within six months with a view to submitting them to the Attorney General but work has not even commenced. Will the Tánaiste indicate how long it will take for work to commence on the heads of Bill and when we will actually see them? More importantly and with regard to conversations with the representative bodies, what kinds of exemptions are being looked at because they are adamant that the directive needs to be fully implemented?

Micheál Martin (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

As the newly appointed Minister for Defence, I am fully committed to this and see the importance of it in the context not only of the recruitment, but the retention of personnel within the Defence Forces. It is important that the dialogue with the representative associations bears fruit. We could proceed with legislation oblivious to those engagements with the representative associations but, in dealing with a matter that relates to the organisation of working time in the context of the directive, it is important that we have fruitful engagement and dialogue with the representative associations. Management is also to submit a final position to me. It is important to get it right because it is complex. There is no point in pretending it is not because it is. However, I am determined to get this done.

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

Why include it in the action plan when there was clearly no intent to bring it forward?