Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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61. To ask the Taoiseach and Minister for Defence his plans to implement the Working Time Directive for members of the Defence Forces. [39960/18]

Paul Kehoe (Wexford, Fine Gael)
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As I have previously informed the House, a Government Decision dated 18 November 2016 approved the drafting of the Heads of Bill to amend the Organisation of Working Time Act, 1997. This will remove the blanket exclusion of An Garda Síochána and members of the Defence Forces from its range and will be subject to the application of the appropriate exclusions and/or derogations permitted by Directive 2003/88/EC. Work is underway in both the Department of Defence and the Department of Employment Affairs and Social Protection towards the progression of this decision.

The Department of Defence and the Defence Forces have undertaken significant work in examining the nature of the duties of the Defence Forces and how the Working Time Directive can be applied to the members of the Defence Forces. It is necessary to ensure that all work arrangements meet all of the provisions of the Directive, including arrangements to manage changes in work practices. The review of Defence Force activities found that it would appear that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the Directive. Certain activities were identified which the military authorities consider cannot be undertaken within the terms of the Directive without compromising the operational effectiveness of the Permanent Defence Force and would require exemption from the provisions of the Directive, while certain other activities would require derogation from its terms.

The Department of Defence is engaging through the Conciliation and Arbitration process with the Defence Forces Representative Associations to discuss the application of the Working Time Directive to the Defence Forces.

Litigation taken by a member of the Permanent Defence Force in respect of the applicability of certain elements of the Working Time Directive to the Defence Forces was settled recently in the High Court having regard to the specific circumstances of that case. Further litigation in relation to the Working Time Directive as it relates to the Defence Forces is pending.

For these reasons it would not be appropriate to comment further.