Brendan Smith (Cavan-Monaghan, Fianna Fail)
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314. To ask the Taoiseach and Minister for Defence if consideration is being given to the requests of an association (details supplied); the proposals there are to enable Defence Forces personnel to have access to the State's industrial relations agencies; and if he will make a statement on the matter. [23767/17]

Paul Kehoe (Wexford, Fine Gael)
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In relation to the right to trade union status for the Permanent Defence Force Representative Associations, I wish to advise that under the terms of the Defence (Amendment) Act, 1990 the Defence Forces Representative Associations are prohibited from being associated with, or affiliated to any trade unions, or any other body. Accordingly, the Representative Associations cannot be affiliated to ICTU at present. The basis for the prohibition is that it would be inappropriate to apply the provisions of the Industrial Relations Act, 1990 to members of the Defence Forces. The taking of any form of industrial action is irreconcilable with military service. This is a long standing policy position taken by respective Governments since the foundation of the State. The Defence Forces may be called on to contribute to maintaining vital services in times of industrial action. The potential for serious difficulties and conflicts could arise in these circumstances if the Defence Forces Representative Associations were associated with, or affiliated to ICTU, given ICTU rules in relation to such matters. The Conciliation and Arbitration scheme for members of the Permanent Defence Force (PDF) provides a formal mechanism for the PDF Representative Associations, RACO and PDFORRA, to engage with the Official side. The purpose of the scheme is to provide a means for the determination of claims and proposals from the Associations relating to remuneration and conditions of service.It is open to the Representative Associations to submit claims to the Official side in relation to matters falling within the C&A scheme. Generally claims relate to pay and conditions, award of allowances etc. When submitted, these claims are generally the subject of negotiations and where agreement is not reached it is open to both sides to seek the assistance of an adjudicator to settle the matter.

In addition, a framework exists which facilitates the Associations engaging with the official side in talks parallel to those taking place between ICTU and the official side at National level.

I have received representations from PDFORRA seeking to have access to the Workplace Relations Commission and the Labour Court made available to them in the event of any future legislative changes being made to provide An Garda Síochána with access to same. I am advised that the proposals in relation to An Garda Síochána being granted such access will require detailed legislative changes and the Department of Justice and Equality have established a Working Group to examine in detail what future legislative changes are required.

I remain satisfied with the present arrangements in place for the Defence Forces. However, in the light of PDFORRAs representations the matter is being kept under review, including in the context of any future arrangements to be made for An Garda Síochana.

In relation to wage restoration it should be noted that rates of remuneration and conditions of employment in the Irish Defence Force have traditionally been set by reference to relative levels of pay across the various parts of the Irish public sector. The Financial Emergency Measures in the Public Interest Acts of 2009-2013 and the Public Service Stability Agreement 2013-2018 (the Lansdowne Road Agreement) define current pay policy for Public Servants and members of the Permanent Defence Forces.

I believe that measures contained in the Lansdowne Road Agreement (LRA), which PDFORRA have recently signed up to, and the provisions introduced in Budget 2016 and 2017 will be of benefit generally to members of the Permanent Defence Force (PDF).

The LRA proposes to increase salaries during 2016 and 2017. These benefits come in the form of increases in gross pay in 2016 for those earning up to €31,000 and in 2017 for all those earning up to €65,000. In addition the Government has introduced legislation which has commenced the process to reduce the pay reduction applied under the Financial Emergency Measures in Public Interest (FEMPI) Act 2013. As you may be aware PDFORRA, the representative association for enlisted personnel of the Permanent Defence Force, have recently accepted the terms of the Lansdowne Road Agreement and the above pay provisions will now also apply to their members. Currently my officials are engaged in arranging the payment of these pay increases.

In relation to the Pensions Related Deduction (PRD), which is commonly referred to as the ‘Pension Levy’, the exemption threshold for payment of the ‘Pension Levy’ will increase substantially during the course of the agreement from €15,000 to €28,750 which means that annual income subject to the levy below €28,750 will no longer be liable to the deduction.

With regard to the post 1994 soldier, Military life places unique demands on individuals and it is necessary that its members be physically and mentally prepared to meet the challenges of all military operations and to undertake their duties on deployment overseas. To this end, it is vital the age and health profile of personnel be such as to ensure that operational capability and effectiveness are not compromised in any way

In regard to the use of Larium in the Defence Forces, it is the policy of the Defence Forces that personnel are individually screened for fitness for overseas service and medical suitability, i.e. a medical risk assessment for Lariam is carried out on an individual basis. The choice of medication for overseas deployment, is a medical decision made by the Medical Officers in the Defence Forces, having regard to the specific circumstances of the mission and the individual member.

Significant precautions are taken by the Defence Forces Medical Officers in assessing the medical suitability of members of the Defence Forces to take any of the anti-malarial medications, including identification of any contraindications and assessment of any reported side effects that may occur. While overseas, all personnel have access to either an Irish military Medical Officer or to the UN provided medical service (depending on the particular mission) to whom they could report any complaints, including potential side effects of any medications.

There are no plans at this time to withdraw Lariam from the range of anti-malarial medications available to the Defence Forces.