Mick Barry (Cork North Central, Solidarity)
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59. To ask the Minister for Jobs, Enterprise and Innovation when the Bill relating to the application of the working time directive to members of An Garda Síochána and the Defence Forces is likely to be presented to Dáil Éireann. [35169/17]

Mick Barry (Cork North Central, Solidarity)
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65. To ask the Minister for Jobs, Enterprise and Innovation when the Bill relating to the application of the working time directive to members of An Garda Síochána and the Defence Forces is to be presented to Dáil Éireann. [35168/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 59 and 65 together.

In November 2016 Government approved the drafting of Heads of Bill to amend the Organisation of Working Time Act 1997 to remove the blanket exclusion of An Garda Síochána and members of the Defence Forces from scope of the OWTA and to bring them within scope subject to the application of the derogations permitted by the Working Time Directive.

While I have responsibility for the Organisation of Working Time Act, my Department is preparing the draft legislation in close co-operation with the Department of Justice and Equality and the Department of Defence who have policy responsibility for An Garda Síochána and the Defence Forces respectively.  This approach will ensure the proper recognition of the unique roles of An Garda Síochána and the Defence Forces. 

The drafting of the bill is legally complex, as the removal of the blanket exemption has to be balanced by the use of derogations permitted by the Working Time Directive so as to ensure there is no adverse impact on the ability of An Garda Síochána and the Defence Forces to deliver an effective service.

My officials are working closely with officials in the Department of Justice and Equality and the Department of Defence on the preparation, as expeditiously as possible, of draft Heads of Bill which duly recognise the roles of An Garda Siochána and the Defence Forces.  As the legislation at issue is part of the transfer of functions to the Minister for Social Protection it will fall to my colleague the Minister for Social Protection, to bring the legislation to Government.