Mick Barry (Cork North Central, Anti-Austerity Alliance)
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51. To ask the Taoiseach and Minister for Defence if he will legislate to end the situation whereby the Organisation of Working Time Act 1997 does not apply to members of the Defence Forces; and if he will make a statement on the matter. [39826/16]

Paul Kehoe (Wexford, Fine Gael)
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The implications of the Working Time Directive and its implementation, in respect of the Defence Forces, under the Organisation of Working Time Act, 1997, have been the subject of an intensive and ongoing review by my Department for some time. I understand and accept that the current blanket exemption in respect of Defence Forces activities under the Act in implementing the Directive is no longer tenable. The task now is to ensure maximum compliance with the Directive.

A detailed review of Defence Forces activities was initiated some time ago in this regard. The Defence Forces recently concluded an audit of its activities with a view to determining what activities may require derogations or exemptions under the terms of the Directive.

A list of activities undertaken by the Defence Forces which may qualify for a derogation or exemption under the terms of the Working Time Directive will soon be submitted to the Attorney General for advice with a view to implementing appropriate provisions in the planned amending legislation. Subject to that advice, amendments to deal with these issues in respect of the Defence Forces will be included in the proposed amendments to the Organisation of Working Time Act, 1997 which is being brought forward by the Department of Jobs, Enterprise and Innovation.

I have been advised by the Minister for Jobs, Enterprise and Innovation that her Department will shortly, following the recent approval of the Government, amend the Organisation of Working Time Act, 1997, insofar as it provides for a specific exclusion for members of An Garda Síochána and it is liaising with my Department regarding issues arising for the Defence Forces in any such amendments. My Department, subject to legal advice, will deal with potential issues for exemption and derogation for the Defence Forces in this legislation.