Dáil Éireann Debate, Tuesday - 3 October 2023
98. Deputy Pauline Tully asked the Tánaiste and Minister for Defence the timeframe for the implementation of an agreed policy for the application of the Working Time Directive within the Defence Forces, with legislative underpinning, which is reported as a core strategic priority within the Strategic Framework Transformation of the Defence Forces. [42616/23]
View answer101. Deputy Pádraig O'Sullivan asked the Tánaiste and Minister for Defence the timeframe for the implementation of the Working Time Directive in the Naval Service; and if he will make a statement on the matter. [42243/23]
View answer117. Deputy Matt Carthy asked the Tánaiste and Minister for Defence if he intends to publish a general scheme of the Bill to apply the Working Time Directive to members of the Permanent Defence Forces; the timeframe for same; and if he intends to provide an allocation in Budget 2024 for the purpose of implementing the Working Time Directive. [42531/23]
View answerI propose to take Questions Nos. 98, 101 and 117 together.
As the Deputy is aware, the Defence Forces are currently exempted 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 specific nature of some military activities. An extensive amount of work undertaken by the Military Authorities has determined that a high percentage of the normal everyday work of the Defence Forces, in the region of 80%, is already in compliance with the Working Time Directive.
Recent European Case Law on military service, has 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 civil/military policy 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.
Dialogue has been continuing with the PDF Representative Associations and civilian-military management through the Working Time Directive Sub Committee as part of the Conciliation and Arbitration Scheme.
These deliberations have gained momentum in recent months on the finalisation of a policy position including with regard to activities deemed outside the scope of the Directive, and associated protections.
This Strategic Framework, approved by Government this week which I have published, sets out the vital work that is underway relating to the transformation of the Defence Forces and outlines the necessary actions to be delivered by the end of 2024. It covers the recommendations made in the IRG and the CoDF reports, together with measures to address recruitment and retention challenges, and the legislative changes needed to modernise our Defence Forces.
Action 28, of this Framework, provides that the agreed civil/military management policy position on the implementation of the Working Time Directive within the Defence Forces is to be finalised by the end 2023.
I should point out that the responsibility for developing the legislative framework to remove the blanket exemption for the Defence Forces in the Organisation of Working Time Act, 1997, lies with the Department of Enterprise, Trade and Employment (DETE).
It will be a matter for that Department to consider the appropriate legislative mechanism within their programme of work. Upon finalisation of the policy position, my officials will commence formal engagement with DETE. In the meantime, my officials continue to engage with that Department on an informal basis.
Without doubt, the introduction of a robust system to record daily hours of attendance is an essential element for the Defence Forces, in ensuring that the provisions of the Working Time Directive are properly afforded to serving members, and I have directed that the Defence Forces consider, without delay, options for the introduction of an interim time and attendance system, on a pilot basis to specifically record daily hours of attendance.
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 I fully recognise the importance of implementing the provisions of the Directive and the positive impact it will have on serving members.
