Dáil Éireann Debate, Tuesday - 25 July 2023
163. Deputy Brendan Howlin asked the Tánaiste and Minister for Defence to outline the progress made on implementing the working time directive in the Defence Forces; and if he will make a statement on the matter. [36266/23]
View answerAs the Deputy is aware, the Defence Forces are currently excluded from the provisions of the Organisation of Working Time Act 1997, which transposed the EU Working Time Directive into Irish Law.
I wish to assure you, however, that I am fully committed to ensuring that the provisions of the Working Time Directive are applied, where appropriate, to its members. This is in line with the Government commitment to remove the blanket exemption in the Organisation of Working Time Act, 1997 for both the Defence Forces and An Garda Síochana.
The removal of the blanket exemption in the Organisation of Working Time Act for the Defence Forces is a complex matter given the nature of some military activities. An extensive amount of work undertaken by military management has determined that a high percentage of the normal everyday work of the Defence Forces is already in compliance with the Working Time Directive.
Recent European Case Law on military service, however, has also been clear that certain activities due to their specific nature, can be considered outside the scope of the Directive. The provisions of this Ruling have duly informed the proposed management position, which has as its guiding principle, the fundamental requirement to ensure that appropriate rights and protections with regard to health and safety, are afforded to serving members, while also ensuring that the Defence Forces can continue to fulfil their essential state functions.
Consultation with the Representative Associations on the implementation of the Working Time Directive is taking place through a Sub-Committee of the Conciliation and Arbitration Scheme. I understand that a series of facilitated theme-based discussions between my officials, military management, and the Representative Associations took place towards the end of May and I am informed that these discussions were constructive and have taken matters forward, building on the momentum achieved in recent months through the Sub-Committee engagements.
I fully recognise the importance of implementing the provisions of the Directive and the positive impact it will have on serving members and I have directed that a final management position on the implementation of the Directive is to be submitted to me for my consideration and approval.
Following my consideration and approval of a final management position on the implementation of the Directive, my Department will be engaging formally with the Department of Enterprise Trade and Employment who will take forward the appropriate legislative framework.
I can assure the Deputy that the health and safety of personnel in the Defence Forces remains an absolute 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 as appropriate, throughout the Defence Forces.
