Dáil Éireann Debate, Tuesday - 4 April 2017
679. Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation if there are circumstances whereby the active service exemption from the relevant statutory obligations can be applied in the month prior to active service starting (details supplied); and if so, the specifics of those circumstances. [16569/17]
Amharc ar fhreagraSection 6 (2) of the Safety, Health and Welfare at Work Act 2005 (2005 Act) allows for an exemption from relevant statutory provisions for members of the Defence Forces in the context of certain specific criteria. The criteria cover when a member of the Defence Forces is on active service within the meaning of section 5 of the Defence Act 1954 or deemed to be on active service within the meaning of section 4(1) of the Defence (Amendment) (No 2) Act 1960 i.e. when engaged in action in the course of operational duties at sea; or when engaged in operations in aid of the civil powers. Furthermore, under section 6 (2) (d) of the 2005 Act this exemption applies when members of the Defence Forces are engaged in training directly associated with such active service. The 2005 Act is not prescriptive on the time frame or duration of training for active service.
Therefore when a member of the Defence Forces is engaged in training, directly associated with active service, to be undertaken for any period of time in advance of departure on active service, then the provisions of section 6 (2) of the Safety, Health and Welfare at Work Act 2005 do apply.
