Brendan Howlin (Wexford, Labour)
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65. To ask the Taoiseach and Minister for Defence the progress to date in the implementation of the Working Time Directive in the Defence Forces; if he intends to apply the Directive to the Defence Forces in the same way as it is applied to An Garda Síochána, the Prison Service and other public sector organisations; and if he will make a statement on the matter. [5154/23]

Micheál Martin (Cork South Central, Fianna Fail)
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As the Deputy is aware, 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 Síochana within the scope of its provisions, where appropriate.

The responsibility for preparing the legislative framework required to bring the Defence Forces within the scope of the Act is with the Department of Enterprise Trade and Employment. My officials are continuing to engage actively with that Department to progress these changes.

A significant amount of work undertaken by 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 be outside the scope of the Directive, due to their very specific nature. 

Extensive deliberations between the Department of Defence and the military authorities on these matters have been informed by the interpretation of recent European Case Law on military service, as well as the fundamental requirement to ensure that rights are afforded to serving members, while ensuring that the Defence Forces can continue to fulfill their essential state functions. In this regard, I am pleased to note that dialogue on a proposed management position, has commenced with the Representative Associations. A number of issues raised, are actively being examined by civilian-military management, and it would therefore be inappropriate for me to comment further at this point.

Upon conclusion of the dialogue with the Representative Associations for the Defence Forces, the final management position will be submitted to me for consideration. Thereafter, my officials will be engaging with the Department of Enterprise., Trade and Employment who will be progressing the appropriate legislative framework.

With regard to the application of the Working Time Directive to members of An Garda Síochána, I assume that the Deputy is referring to the Westmanstown Roster. The purpose of this agreement was to set out the principles underpinning the agreed Roster to ensure their efficient and effective implementation and to ensure the operation of the Roster complies fully with European Working Time Directive (EWTD).

The Deputy will also be aware that the Organisation of Working Time Act, 1997, has not been amended to remove the blanket exemption from the provisions of the Directive for An Garda Siochana.

I would also add that the nature and manner of the work of the Defence Forces is not comparable to the work of An Garda Síochána, nor any other public sector organisation. The Defence Forces operate a range of assets different to those of An Gardaí and the Defence Forces work on land, sea and in the air. In addition, the nature of any derogations and exemptions to be considered for the Defence Forces would differ to those for An Garda Síochána.