Clare Daly (Dublin Fingal, Independent)
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820. To ask the Taoiseach and Minister for Defence his views on active service exemption in the Defence Forces (details supplied). [18142/17]

Paul Kehoe (Wexford, Fine Gael)
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Active service is defined in Section 5 of the Defence Act 1954 as:

“(1) A person subject to military law shall, for the purposes of this Act, be on active service—(a) during any period during which an order made under subsection (2) of this section is in force, or

(b) whenever he is attached to or forms part of a force which is engaged in operations against an enemy, or

(c) whenever he is engaged in military operations in a place wholly or mainly occupied by an enemy, and the expression "on active service" when used in this Act in relation to a person subject to military law shall be construed accordingly.(2) The Government, during a period of emergency, may, whenever they consider the circumstances are of such a nature as to warrant their so doing, by order under this subsection declare the Defence Forces to be on active service.”

Furthermore, Section 4 of the Defence (Amendment) (No. 2) Act 1960 amends the Principal Act and states:

“(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.”

In the context of Section 4(1) of the Defence (Amendment)(No. 2) Act 1960, 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).”

Exemptions to relevant statutory obligations under the Safety, Health and Welfare at Work Act 2005 can only be applied if they come within the scope of Section 6(2) of that Act.