Dáil Éireann Debate, Tuesday - 1 March 2022
447. Deputy Holly Cairns asked the Minister for Defence the measures that are in place to ensure that Defence Forces personnel serving on naval vessels during patrol activities are getting sufficient rest and recreation time. [11459/22]
View answerAs the Deputy will be aware, the Defence Forces are currently excluded from the provisions of the Organisation of Working Time Act 1997 which transposed into Irish Law, the EU Working Time Directive. The Government, however, has committed to amending this Act and bringing both the Defence Forces and An Garda Síochána within the scope of its provisions, where appropriate.
Responsibility for preparing an appropriate legislative framework lies with the Department of Enterprise, Trade and Employment. Officials from my Department are working closely with this Department 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 some activities which may require exemption or derogation from the provisions of the Act.
The Working Time Directive, as the Deputy is aware, recognises the unique nature of certain military activities and allows for derogations or exemptions of such activities. A significant amount of work undertaken by civil and military management has determined that a high percentage of the normal everyday work of the Defence Forces is already in compliance and that a range of activities may also qualify for exemption. Legal interpretation of the Directive continues to evolve and recent case law relating to military service is also informing the deliberations of civilian and military management. It is understood that these deliberations are at an advanced stage and will feed into amendments to the legislative framework.
The operational profile of Naval Ships is a security matter and details of operational routines cannot be discussed. That notwithstanding, the Officer Commanding of each ship has the authority and discretion to allocate rest periods to the ship’s crew during operational deployments whilst maintaining operational readiness to respond as required. Ships crews are afforded rest and leave time during self-maintenance periods at the Naval Base whilst the ship is not operationally deployed.
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 and we remain fully committed to ensuring that the provisions of the Working Time Directive are applied throughout the Defence Forces.
