The Organisation of Working Time Act, 1997 provides for the implementation of a European directive on certain aspects of the organisation of working time. Section 3 provides for its non-application to, among others, the Defences Forces and Garda Síochána.
Under the terms of the Defence Act, military personnel are liable at all times to render military service. Therefore, the application to the Defence Forces of legislation relating to the organisation of working time would 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. As there is no sector of the Permanent Defence Force that is regarded as non-essential its application to "non-essential areas" does not arise. This position is unequivocally supported by the military authorities.
The hours worked by personnel on security duties vary according to location and the security position at any given time. In general, personnel detailed for barrack or post security are employed on that duty for 24 hours. The hours worked on other type of security duties, such as providing aid to the civil power, cannot be accurately predicted as it is dependent on the security position and resources available at any given time. A security duty allowance is payable when Permanent Defence Force personnel are required to carry out such duties outside of their normal working schedule.
Members of the Defence Forces are given adequate rest periods following or during occasions when long hours of duty may be necessary. In this respect, rest and sleep periods are often availed of during periods of extended hours of duty. In addition the Defence Forces have a very flexible and general system of leave-granting, time-off and "days resting off" which reflects and caters for the uniqueness of military life.
I am satisfied existing arrangements and conditions relating to time off and monetary compensation take full cognisance of the nature and requirements of military service and that application of the Organisation of Working Time Act, 1997 to the Defence Forces would not be appropriate.