Written answers
Thursday, 24 October 2024
Department of Enterprise, Trade and Employment
EU Directives
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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79. To ask the Minister for Enterprise, Trade and Employment if he will report on the status of proposed legislation to remove the blanket exclusion of members of the Defence Forces from the protections of the Working Time Directive; and when he intends to publish a heads of Bill. [43204/24]
Emer Higgins (Dublin Mid West, Fine Gael)
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The Organisation of Working Time Act 1997, which transposes the EU Working Time Directive into Irish law, sets out minimum rest and maximum working time for employees as well as holidays and other miscellaneous issues. The Defence Forces are currently excluded from the provisions of the Act in its entirety.
The Department of Defence holds policy and budgetary responsibility for this area, but the working time legislation falls under my remit as Minister for Enterprise, Trade and Employment. Officials in my Department are working to develop the appropriate legislative mechanism to bring the Defence Forces within the scope of the Act as soon as possible.
I understand that there is ongoing and detailed consultation with the Department of Defence to ensure that the Defence Forces can continue to fulfil their essential state functions once they are under the ambit of the Act. Officials are also engaging with the Office of the Attorney General on the matter.
The drafting of legislation, especially on such an important area, can be complex and it is therefore it is difficult to give a definitive timeline for publication. However, this is a priority for the Tánaiste, Minister Burke and myself and indeed for the wider Government.
On this basis, a decision has been made to amend primary legislation by way of Regulations under the European Communities Act 1972 and I would hope that a Statutory Instrument can be finalised by the end of the year to remove the blanket exclusion of the Defence Forces from the Working Time Directive.
As has been previously stated, this piece of work is hugely important for each member of our Defence Forces. The implementation of the Working Time Directive is rightly seen as an important retention measure, and will ensure that health and safety protections, as prescribed in the Directive, are afforded to serving personnel.
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