I thank Deputy Carthy for raising the question. I believe it has actually accelerated. Since coming in as the Minister I identified this as a key priority of mine. The Defence Forces are currently exempted from the provisions of the Organisation of Working Time Act 1997, which transposed the EU working time directive into Irish law. I assure the Deputy, however, that I am fully committed to ensuring that the provisions of the working time directive are applied, where appropriate, to its members in line with the Government’s commitment to remove the blanket exemption in the Organisation of Working Time Act 1997 for both the Defence Forces and An Garda Síochána.
Dialogue took place during the year with the Permanent Defence Force representative associations and civilian-military management through the working time directive sub-committee as part of the conciliation and arbitration scheme. These deliberations have been constructive. Significant progress has been made with regard to activities deemed outside the scope of the directive and associated protections. I understand that a further meeting is scheduled for early December.
European case law on military service, of course, has been clear that certain activities due to their specific nature can be considered outside the scope of the directive. The provisions of this ruling have, quite rightly, informed the formulisation of a civil-military policy position, which has as its guiding principle, the fundamental requirement to ensure that appropriate rights and protections with regard to health and safety are afforded to serving members, while also ensuring that the Defence Forces can continue to fulfil their essential State functions.
Action 28 of the strategic framework published on 26 September last provides that the agreed civil-military management policy position on the implementation of the working time directive in the Defence Forces is to be finalised by the end 2023 and submitted to me. I have given clear instructions to my officials and military management that this timeline must be met. Without doubt, the introduction of a robust system to record daily hours of attendance is an essential element for the Defence Forces, in ensuring that the provisions of the working time directive are properly afforded to serving members. The military authorities have convened a working group to examine options for such a system in the long term. In the meantime, I have directed that, as an interim measure, a time and attendance system to specifically record daily hours of attendance be introduced on a pilot basis without delay. The military authorities have informed me that this pilot system will be rolled out in early December in a number of areas.
Additional information not given on the floor of the House
As the Deputy will be aware, the responsibility for developing the legislative framework to remove the blanket exemption for the Defence Forces in the Organisation of Working Time Act 1997 lies with the Department of Enterprise, Trade and Employment. Upon finalisation of the policy position, my officials will commence formal engagement with that Department. In the interim, my officials are actively engaging with it on an informal basis.
