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Departmental Legal Cases Data

Dáil Éireann Debate, Tuesday - 15 January 2019

Tuesday, 15 January 2019

Questions (116, 117, 118)

Clare Daly

Question:

116. Deputy Clare Daly asked the Taoiseach and Minister for Defence the number of cases lodged to date against his Department in regard to the exclusion of members of the Defence Forces from the protections of the Working Time Act 1997; and the number of those cases still pending. [54155/18]

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Clare Daly

Question:

117. Deputy Clare Daly asked the Taoiseach and Minister for Defence the sum in settlements paid out to date by his Department following successful cases taken by members of the Defence Forces in regard to their exclusion from the protections of the Working Time Act 1997. [54156/18]

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Clare Daly

Question:

118. Deputy Clare Daly asked the Taoiseach and Minister for Defence the sum paid by his Department to date defending litigation initiated by members of the Defence Forces in regard to their exclusion from the provisions of the Working Time Act 1997. [54157/18]

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Written answers

I propose to take Questions Nos. 116 to 118, inclusive, together.

There are currently 18 cases pending in relation to the application of the Working Time Directive to members of the Defence Forces. One case has been disposed of and the terms thereof are confidential. An Order, on consent of the parties, was made by the Court in recognition of the plaintiff’s personal circumstances. That Order provided that the Plaintiff be entitled to the costs of the proceedings, to be taxed in default of agreement. This process is ongoing.

The Office of the Chief State Solicitor (CSSO) is responsible for providing legal representation in relation to the litigation referred to by the Deputy. The CSSO is responsible for the costs of the State's legal teams in cases that it manages on behalf of the Department. Such costs are paid directly by that Office as appropriate.

Given that there is litigation still pending, it would be inappropriate to comment further.

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