Adjournment Debate. - Application of Safety, Health and Welfare at Work Legislation. – Dáil Éireann (27th Dáil) – Tuesday, 27 Apr 1993

Adjournment Debate. - Application of Safety, Health and Welfare at Work Legislation.

Mr. Dukes

I am grateful to the Chair for allowing me to raise this matter. PDFORRA and the National Authority for Occupational Safety and Health carried out a series of consultations on the application to the Permanent Defence Forces of the Safety, Health and Welfare at Work Act, 1989. These consultations went on over a period of two years. They came to an agreement on a formula which the Authority, the statutorily competent body in the matter recommended to the Minister for Enterprise and Employment who has the statutory function of making regulations. The agreed formula provided a satisfactory level of protection to members of the Defence Forces, while recognising that there are circumstances in which such protection is not practicable.

The Minister for Enterprise and Employment made regulations on 18 February last which take no account whatever of the formula agreed between PDFORRA and the Authority, and which effectively deprive serving members of the Defence Forces of any protection under the Act.

It seems that the Department of Defence and the Department of Enterprise and Employment held separate consultations without consulting either PDFORRA or the Authority, and came to quite a different conclusion.

I understand that the Authority was not consulted about the final wording of the regulations issued, in spite of the fact that it had specifically recommended the formula agreed with PDFORRA. I also understand, that neither the Minister for Defence nor the Minister for Enterprise and Employment was informed of the fact that a formula has been agreed between PDFORRA and the Authority before the February regulations were made.

This flies in the face of the reason PDFORRA was recognised and set up and totally disregards the statutory functions of the Authority. It is salutary to look at the difference between the two formulae. The formula agreed between PDFORRA and the Authority says that the relevant statutory provisions shall not apply in the case of activities in which members of the Defence Forces, subject to military law, are engaged, where such activities relate to armed engagement or civil emergencies and where any such activity prevents compliance with the relevant statutory provisions. That is a very clear, concise and just formula. The regulations adopted and promulgated by the Minister for Enterprise and Employment of 18 February are much more restrictive. They provide that the relevant statutory provisions, the Act, shall apply to members of the Defence Forces except when they are on active service as defined in section 5 of the Defence Act, engaged in action in the course of operational duties at sea, engaged in operations in aid to the civil power or in training directly associated with any of those activities. That is a much more restrictive formula than that agreed between PDFORRA and the Authority and effectively deprives members of the Defence Forces of virtually all protection under the Act.

At Question Time on April 6 last, the Minister for Defence was clearly unaware of the background to this case, and kindly issued an implicit invitation to have the matter raised again, so that he could reflect on it and give a considered response.

I now call on the Minister to ensure that the utterly unsatisfactory regulations made by the Minister for Enterprise and Employment are immediately withdrawn, and replaced by the formula agreed between PDFORRA and the Authority.

Minister for Defence (Mr. Andrews)

I am grateful to the Deputy for raising this matter arising from my invitation in response to a parliamentary question on 6 April last. I indicated that I had very good relations with the officers' organisation in the Army on the one hand and with PDFORRA on the other. On that basis I indicated, subject to examination of the official report, that I would meet PDFORRA representatives to discuss this important matter. I intend to meet PDFORRA in the near future in advance of their conference in Killarney. I will be glad to give the Deputy the outcome of my deliberations with PDFORRA when I meet them. The Safety, Health and Welfare at Work Act, 1989, which contains extensive provisions for the safeguarding of the well-being of persons at work provides for the preparation of safety statements by employers setting out the manner in which the safety, health and welfare of persons in the workplace will be secured and for the selection by employees of representatives to consult on their behalf with management on all matters arising in that connection.

Since the Act came into operation the Defence Forces have been actively engaged in a comprehensive programme to give effect to the relevant provisions on this programme has been constantly directed and monitored by a committee in the Department of Defence comprising civil and military representatives. Already safety statements and safety representatives are in place at unit level throughout the Permanent Defence Force and 63 safety standards providing detailed technical safety guidelines on a wide range of general and specifically military activities have been completed and issued.

This is a treatise on the operation of the Safety, Health and Welfare at Work Act, 1989, and it does not, in all honesty, answer the Deputy's legitimate question on the Adjournment. I apologise to the Deputy for not giving him the information he required arising from the parliamentary question of 6 April. I will either place an indication on the record of the House or correspond with the Deputy to inform him what may be done arising from my meeting with PDFORRA in the near future.

There are certain activities undertaken by the Permanent Defence Forces which are unique in character, as they involve the carrying of weapons. In that regard the Deputy raised these exclusions during the course of his contribution.

The military authorities take all possible steps to secure the safety of personnel engaged on military operations and training. The Safety, Health and Welfare at Work (General Application) Regulations, 1993, which were made recently by the Minister for Enterprise and Employment provide for the application of the relevant statutory provisions to members of the Defence Forces except when the Defence Forces are on active service or deemed to be on active service, for example during service in Lebanon, engaged in action in the course of operational duties at sea, engaged in operations in aid to the civil power, or engaged in training directly associated with any of the above mentioned activities".

It is the intention of the Department that the Act will continue to have the broadest possible application within the Permanent Defence Forces. The scope of representation available to the representative associations provides for the raising the matters in this context within the conciliation forum for the force. I will respond to the Deputy after my meeting with PDFORRA in the very near future on this very important matter.

Dáil Éireann debate -
Tuesday, 27 Apr 1993