Cathal Berry (Kildare South, Independent)
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109. To ask the Taoiseach and Minister for Defence when he expects the first member of the Reserve Defence Force to deploy overseas on a six-month tour of duty on a United Nations mandated peace support operation; and if he will make a statement on the matter. [33772/22]

Simon Coveney (Cork South Central, Fine Gael)
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As the Deputy is aware, the primary roles allocated to the Reserve Defence Force (RDF) have thus far, been to augment the Permanent Defence Force (PDF) in crisis situations and to contribute to State ceremonial events.

Heretofore, there was no provision in the Defence Acts to allow RDF personnel to be deployed overseas. However, as the Deputy will be aware, the Defence (Amendment) Act 2021 has now been signed into law, which serves to update the Defence Legislation on the use of the RDF on a voluntary basis, on-island and overseas in support of the PDF and where it is in the best interests of the PDF.

I have written to the Chief of Staff seeking his advice on these matters as they pertain to the requirements of the PDF.

In tandem, the practical arrangements to implement the amendment, including all the elements associated with the voluntary service by RDF members overseas,  are under active consideration by my officials and the military authorities. Furthermore, my officials will also be actively consulting with RDFRA, the Representative Association for the RDF on these matters at the appropriate juncture. 

The outcome of these deliberations, and the advice of the Chief of Staff,  will inform my consideration of these matters. The Deputy will appreciate therefore that I do not wish to comment further pending the outcome of this process.

Separately, and on foot of the enactment of the Defence (Amendment) Act 2021, I engaged with the Tánaiste and Minister for Enterprise, Trade and Employment (DETE) on the issue of employment protection for RDF members who might be engaged in such voluntary military service in support of the PDF going forward.

Engagement at official level with DETE has continued since then to consider the matter and identify appropriate next steps. This body of work is ongoing.

Finally, as the Deputy will also be aware, the Report of the Independent Commission on the Defence Forces, published in February of this year, includes proposals on the role and contribution of the RDF. There has been a process underway to consider the full set of  recommendations in consultation with Ministerial colleagues and stakeholders. I intend to revert to Government with a proposed response and a high-level action plan in advance of the summer recess.

Simon Coveney (Cork South Central, Fine Gael)
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As I have advised the House earlier, the Defence Forces are currently excluded from the provisions of the Organisation of Working Time Act 1997, which transposed the EU Working Time Directive into Irish Law. The Government, however, has committed to amending this Act and bringing both the Defence Forces and An Garda Síochána within the scope of its provisions, where appropriate.  

The Working Time Directive, recognises the specific nature of certain military activities and allows for derogations or exemptions of such activities. Extensive work undertaken by civil and military management has determined that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the Working Time Directive.  However, it has also been determined that there are some activities which may qualify for an exemption due to their very specific nature.

I understand that ongoing deliberations by civilian and military management on the wider implementation of Working Time Directive within the Defence Forces are at an advanced stage and nearing conclusion.

The deliberations between civilian and military management, are being informed by the interpretation of recent European Case Law on military service, the fundamental requirement to ensure that rights are afforded to serving members, and the requirement to ensure that the Defence Forces can continue to fulfill their essential state functions. As the Deputy will appreciate, these are complex matters.

I am assured that the outcome of those deliberations, including with regard to possible exemptions for certain activities, will be fully aligned with the provisions of the EU Working Time Directive and case law on these matters.

As the Deputy may be aware, a sub-committee of the Defence Conciliation and Arbitration Council (comprising of the Representative Associations, military and civil management) was established to discuss matters relating to implementation of the Working Time Directive, where appropriate. Arising from those discussions, a number of amended practices regarding compensatory rest have been introduced.

This builds upon existing work practices relating to compensatory rest which comply with the Directive. Consultation on the outcome of the deliberations by civilian and military management on the wider implementation of Working Time Directive will be undertaken through the mechanism of the Conciliation and Arbitration Sub-Committee in the very near future.

My Department will thereafter engage with the Department of Enterprise Trade and Employment, who are the lead Department responsible for drafting any necessary amendments to primary legislation.

I can assure the Deputy that the health and safety of personnel in the Defence Forces remains a priority for myself and the Chief of Staff and we remain fully committed to ensuring that the provisions of the Working Time Directive are applied throughout the Defence Forces.