Clare Daly (Dublin Fingal, Independent)
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693. To ask the Taoiseach and Minister for Defence if there are circumstances, whereby the active service exemption from the relevant statutory obligations can be applied in the month prior to active service starting (details supplied); and if so, the specifics of those circumstances. [16570/17]

Paul Kehoe (Wexford, Fine Gael)
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'Active service' is defined by Section 5 of the Defence Act 1954, as amended by Section 4 of the Defence (Amendment)(no 2) Act 1960 as follows:

“4. (1) A member of the Permanent Defence Force who is serving outside the State with an armed International United Nations Force shall, for the purposes of the Principal Act, be deemed, while so serving, to be on active service.”

I am advised that a member of the Permanent Defence Force is deemed to be on active service while serving outside the State with a relevant Force. This period commences when the member departs the State to serve with the Force and ends when he returns to the State, having finished serving with the Force. Active Service in relation to service with a United Nations Force is confined to the service “outside the State” during that tour of duty.

In relation to express exemptions under Section 6(2) of the Safety, Health and Welfare at Work Act 2005, Section 6 states:

“(1) The relevant statutory provisions apply to prisons and places of detention unless their application is incompatible with safe custody, good order and security.

(2) Subject to section 11, the relevant statutory provisions apply to members of the Defence Forces except when they are-

(a) on active service within the meaning of section 5 of the Defence Act 1954 or deemed to be on active service within the meaning of section 4(1) of the Defence (Amendment) (No. 2) Act 1960,(b) engaged in action in the course of operational duties at sea,

(c) engaged in operations in aid to the civil power, or

(d) engaged in training directly associated with any of the activities specified in paragraph (a) to (c).”

As such, in respect of overseas service, the express exemption under section 6(2) relates to all training activities “directly associated” with the overseas service concerned. In summary, the period of Active Service is clearly defined as the period served outside the State with the mission concerned. The period of the exemption under section 6(2)(d) of the 2005 Act, however, also includes training directly associated with such overseas service.