Ciarán Lynch (Cork South Central, Labour)
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Question 325: To ask the Minister for Defence if serving members of the Reserve Defence Forces are excluded from all national and EU legislation governing employment rights when undergoing full-time paid training for periods exceeding 21 consecutive days, when undergoing full-time paid training for periods not exceeding 21 consecutive days and when undergoing unpaid training; and if he will make a statement on the matter. [21212/08]

Willie O'Dea (Limerick East, Fianna Fail)
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There is a comprehensive range of national and EU legislation dealing with employment rights and protection of employees. Members of the Reserve Defence Force (RDF) are not "employees" or "workers" in the generally accepted meaning of those terms. The Defence Acts 1954 to 2007 prescribe that the Defence Forces shall consist of a Permanent Defence Force (PDF) and a Reserve Defence Force. Members of the Permanent Defence Force are engaged in the service of the State on a full-time basis and are in receipt of pay and allowances accordingly. The RDF is a part-time, voluntary organisation whose primary activity is training. Members are free to determine their own level of participation in Reserve activities and may resign from the Reserve at any time. Their service is provided entirely on a voluntary basis with no compulsion to attend. Members of the Reserve undergo both paid and unpaid training. In addition, there is provision for a gratuity to be paid to those members who meet certain attendance criteria.

Ciarán Lynch (Cork South Central, Labour)
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Question 326: To ask the Minister for Defence if members of the Reserve Defence Force will be covered under the non-statutory personal injuries compensation scheme for members of the RDF if they sustain an injury whilst training on their own time to achieve and maintain a level of fitness to pass the Permanent Defence Force fitness tests; if the members of the Reserve Defence Force will be granted use of training facilities and access to PDF PTIs; if not if the Defence forces will pay for gym subscription as the territorial army in Britain do, to help them achieve the fitness levels they want them to pass; and if he will make a statement on the matter. [21213/08]

Willie O'Dea (Limerick East, Fianna Fail)
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Members of the Reserve Defence Forces (RDF) who are injured in the course of their duties may apply for compensation under a non-statutory compensation scheme administered by my Department. Typically, this would cover injuries sustained on official duty while participating in annual camp, field days, overnights, exercises, parades and courses of instruction. Compensation is payable under the scheme where it is established that a member of the RDF has been disabled as the result of injuries sustained in the course of his or her duties. However, no compensation is payable where injury or death is caused by the member's own serious negligence or misconduct, or where alternative compensation is otherwise received for the same injury. The scheme does not extend to training injuries sustained in their own time outside periods of military activities. I am informed by the military authorities that a Reserve Defence Force Physical Training Policy is being developed. This policy will address the range of issues and challenges associated with raising the standard of physical fitness in the RDF. A Physical Training Pilot Programme for RDF units has been introduced for 2008 and an RDF Physical Training Leaders Course is planned for July 2008 to support this pilot programme. The military authorities have informed me that members of the RDF may avail of PDF facilities subject to the same Health and Safety restrictions that apply to members of the PDF. There are no plans to pay for gym subscriptions for members of the RDF.