The Defence Forces are exempt from the application of the Organisation of Working Time Bill, 1996, at the request of the Minister for Defence and as permitted by Council Directive 89/391/EEC, the Framework Health and Safety Directive.
The position is that an inherent and overriding principle of military service — enshrined in section 85 of the Defence Act, 1954 — is that military personnel are liable for duty at all times. The application of legislation on working time to the Defence Forces would, therefore, be contrary to the principle of military service and would have fundamental organisational and operational implications for the efficiency and effectiveness of the Defence Forces.
The Minister for Defence has assured me that he is satisfied that the application of the Organisation of Working Time Bill to the Defence Forces would not be appropriate and that existing conditions of service relating to leave, rest periods etc. for military personnel take full cognisance of the nature and requirements of military service.
Working practices in the Defence Forces are, of course, a matter for the Minister for Defence. The Minister has informed me that he is at all times anxious to ensure that members of the Defence Forces are given adequate rest periods especially following occasions when longer than normal hours of duty may be necessary. In this regard, rest periods and sleep periods are often built into periods of extended hours of duty. In addition, the Defence Forces have a very flexible and generous system of leave granting, time-off and days resting off reflecting and catering for the unique nature of military life.