Written answers

Thursday, 17 October 2024

Department of Defence

Defence Forces

Photo of Michael MoynihanMichael Moynihan (Cork North West, Fianna Fail)
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12. To ask the Taoiseach and Minister for Defence for a report on the implementation of the Working Time Directive 2003 in the Defence Forces; and if he will make a statement on the matter. [42010/24]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I wish to reassure the Deputy that, as Minister of Defence, I am fully committed to the removal of the blanket exemption which currently applies to the Defence Forces in the 1997 Organisation of Working Time Act.

As the Deputy is aware, working time legislation falls under the remit of my colleague, the Minister for Enterprise, Trade and Employment (DETE), Peter Burke. Following my approval earlier this year of a management position, and extensive formal engagement thereafter, the Department of Enterprise, Trade and Employment are currently working to develop the appropriate legislative mechanism to bring the Defence Forces within the scope of the 1997 Act.

The drafting of such legislation on such matters is complex, however, I want to be clear that this is a priority for both Minister Burke, Minister Higgins, myself and indeed for the wider Government.

My colleague, Minister Burke advised last month that a decision has been made to amend the Organisation of Working Time Act, by way of Regulation under the European Communities Act 1972 and it is expected that a Statutory Instrument can be finalised by the end of the year.

The Military Authorities have previously determined that the vast majority of activities are compliant with the Directive. However, in tandem with the drafting of the Statutory Instrument, my officials are actively progressing the necessary underpinning required for those agreed health and safety protections associated with military activities deemed to be exempt from the scope of the Directive due to their specific nature.

These measures will come into effect in parallel with the enactment of the Statutory Instrument to remove the blanket exemption and provide for these specific exemptions.

Another critical enabler in taking forward the implementation of the Directive is a robust Time and Attendance system. Following the pilot Time and Attendance system undertaken by the military authorities last year, a follow-on procurement process is now underway, for a long-term electronic solution, which will lead to the development a system to record the daily working hours of every member of the Defence Forces.

I am delighted that this very significant piece of work is now about to come to fruition. It is a key development for each and every member of the Defence Forces, and is correctly seen as an important retention measure which will ensure that health and safety protections as prescribed in the Directive, are afforded to serving personnel.

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