Written answers

Wednesday, 18 October 2017

Department of Defence

Defence Forces Allowances

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail)
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43. To ask the Taoiseach and Minister for Defence his views on the claim that a combined 146,000 days annual leave were lost to members of the Defence Forces in the past five years; and if he will make a statement on the matter. [43993/17]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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58. To ask the Taoiseach and Minister for Defence the steps being taken to ensure implementation of the EU working time directive for members of the Defence Forces; and if he will make a statement on the matter. [44051/17]

Photo of Mick BarryMick Barry (Cork North Central, Solidarity)
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73. To ask the Taoiseach and Minister for Defence the measures that will be put in place by his Department to recompense members of the Defence Forces who have been denied their full annual leave entitlement; and if he will make a statement on the matter. [43991/17]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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I propose to take Questions Nos. 43, 58 and 73 together.

Depending on rank, the annual leave entitlement for officers varies from 31 to 43 days and for non-commissioned officers and privates from 28 to 30 days. Non-Commissioned Officers or Privates filling appointments as Instrumentalists in the establishments of the Defence Forces School of Music may be granted 31 days annual leave and members of the Naval Service serving afloat may be granted annual leave of 43 days. Members of the Defence Forces are entitled also to Public Holidays and to three specific military holidays.

In addition, a wide variety of special leave is available to Defence Forces personnel such as mission leave when deployed abroad, special leave on return home from overseas deployment, certain NCOs and Privates qualify for special leave on extension of service and on termination of service subject to various requirements. Certain Officers may be granted special leave prior to retirement.

Defence Force Regulations (DFR) A.11 governs the granting of leave, other than sick leave, in the Permanent Defence Force. As part of normal personnel management, the granting of annual leave is a balance between the entitlement of the individual to annual leave and the requirement to ensure continuity of a public service. Paragraph 16 of DFR A.11 provides for the carry-forward of annual leave, not granted or availed of in the leave year concerned. This can be of benefit both to the individual and the organisation. Officers may be allowed to carry forward a maximum of 24 days, non-commissioned officers and privates in the Army and Air Corps, a maximum of 19 days and non-commissioned officers and ordinary or able seamen of the Naval Service, a maximum of 24 days.

A request to increase the number of carry over days has been considered. The current carry over has been found to be proportionate and reasonable.

I have been advised by my officials that three plenary summonses have been taken by members of the Defence Forces in relation to the transposition of the Working Time Directive and the carryover of annual leave. Given that these matters are before the Courts it would be inappropriate for me to comment further on the legal proceedings which have been commenced in relation to this matter.

The implications of the Working Time Directive and its implementation, in respect of the Defence Forces under the Organisation of Working Time Act, 1997, has been reviewed by the Department of Defence. It is accepted that the current blanket exemption in respect of Defence Forces activities under the Act in implementing the Directive is no longer tenable. My Department has recently concluded an audit of the activities of the Defence Forces, with a view to determining what activities may qualify for a derogation or exemption under the terms of the Directive.

In November 2016, the Department of Jobs, Enterprise and Innovation advised the Department that it received Government approval to amend the Organisation of Working Time Act, 1997, insofar as it provides for a specific exclusion for members of An Garda Síochána and the Defence Forces. The responsibility for this legislation has recently moved to the Department of Employment Affairs and Social Protection and they are currently considering, in conjunction with my Department and the Department of Justice and Equality, the most appropriate legislative method by which to bring about the necessary amendments.

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