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Defence Forces

Dáil Éireann Debate, Tuesday - 11 May 2021

Tuesday, 11 May 2021

Questions (430)

Jim O'Callaghan

Question:

430. Deputy Jim O'Callaghan asked the Minister for Defence the status of the implementation of the EU working time directive in relation to the Defence Forces. [24691/21]

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Written answers

The EU Working Time Directive has been transposed into national legislation by way of the Organisation of Working Time Act, 1997. The Defence Forces are currently excluded from the provisions of the Organisation of Working Time Act 1997. The Government, however, has committed to amending this Act and bringing both the Defence Forces and An Garda Síochana within the scope of its provisions, where appropriate.

Responsibility for preparing an appropriate legislative framework in this regard transferred to the Department of Enterprise, Trade and Employment (DETE) in October 2020. My Department is working closely with DETE to progress the regulatory amendment required to remove the blanket exclusion and bring the Defence Forces within the parameters of the Act whilst having regard to the unique nature of some of their activities which may require exemption or derogation from the provisions of the Act.

The Working Time Directive recognises the unique nature of certain military activities and allows for derogations and exemptions of such activities. A significant amount of work has been undertaken by civil and military management in determining the military activities that fall within the scope of the Directive. I have been advised that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the Working Time Directive and that a range of activities also qualify for exemption. Deliberations on these matters are continuing between civilian and military management and will feed into amendments to the legislative framework.

A subcommittee of the Defence Conciliation and Arbitration Council (comprising of the Representative Associations, military and civil management) has been established to discuss matters relating to implementation of the Working Time Directive, where appropriate. Arising from those discussions, amended practices regarding compensatory rest have been introduced. This builds upon existing work practices relating to compensatory rest which comply with the Directive. Further discussions with the Defence Forces Representative Associations will be undertaken, through this forum, as the current work evolves.

My Department and the Defence Forces remain fully committed to ensuring that the provisions of the Working Directive are applied throughout the Defence Forces and I can assure the Deputy that the health and safety of personnel in the Defence Forces remains a priority for myself and the Chief of Staff.

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