Dáil Éireann Debate, Wednesday - 4 July 2018
147. Deputy Mick Barry asked the Taoiseach and Minister for Defence the number of cases settled by his Department with members of the Defence Forces who have taken court cases for infringements of the working time directive; the amount the legal fees and settlements will ultimately cost; and if he will make a statement on the matter. [29517/18]
View answerMy Department has settled one case taken by a member of the Defence Forces in relation to the carryover of her annual leave entitlements.
This case was listed for hearing in the High Court on 14 and 15 June but the matter was settled on consent of the parties to the proceedings in respect of one specific aspect of the individual's claim in so far as it related to the carryover of the plaintiff's annual leave. An Order was made by the Court in respect of limited relief that was agreed between the parties.
Proceedings have been served in a number of other cases. Given that matters are sub judice, the Deputy will appreciate that it would be inappropriate for me to comment in relation to this ongoing litigation or matters relating to legal costs.
However, I have previously informed the House that the Government Decision dated 18 November 2016 approved the drafting of the Heads of Bill to amend the Organisation of Working Time Act, 1997. This will remove the blanket exclusion of An Garda Síochána and members of the Defence Forces from its scope. This will be subject to the application of the appropriate exclusions/derogations permitted by Directive 2003/88/EC. Work is underway in both the Department of Defence and the Department of Employment Affairs and Social Protection in relation to this decision.
