Written answers

Wednesday, 8 March 2023

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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125. To ask the Taoiseach and Minister for Defence when the Government intends to introduce the working time directive for the Defence Forces; and if he will make a statement on the matter. [11833/23]

Photo of Micheál MartinMicheál 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 Síochána within the scope of its provisions, where appropriate, given the nature of some of the duties.

The responsibility for preparing the legislative framework required to bring the Defence Forces within the scope of the Act lies 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.

A robust time and attendance system is also an essential element in ensuring that the provisions of the Working Time Directive are properly afforded to serving members of the Defence Forces and progress on this matter is also a priority.

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.

I'm pleased to say that dialogue with the Representative Associations on a proposed management position is continuing and I am aware that a number of issues raised by the Associations are actively being examined by civilian-military management. I am assured that every effort is being made to resolve these discussions as soon as possible.

A final management position on the implementation of the Directive will be submitted to me for my consideration and approval once this dialogue is concluded. Thereafter, my Department will be engaging with the Department of Enterprise Trade and Employment who will take forward the appropriate legislative framework.

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. as appropriate, throughout the Defence Forces.

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