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Ministerial Meetings

Dáil Éireann Debate, Tuesday - 12 June 2018

Tuesday, 12 June 2018

Ceisteanna (1253)

Brendan Howlin

Ceist:

1253. Deputy Brendan Howlin asked the Minister for Employment Affairs and Social Protection the representations made to her by the equine and related industries in the past 12 months seeking alterations to or derogation from the Organisation of Working Time Act 1997 and its associated regulations; the way in which she plans to respond to these representations; and if she will make a statement on the matter. [25364/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is no doubt aware, the Organisation of Working Time Act 1997 (the OWTA) provides for statutory rights for employees in relation to work breaks and rest, maximum working time and holidays. The Act transposes the EU Working Time Directive – Directive 2003/88/EC. The purpose of the Directive is to establish minimum health and safety requirements for the organisation of working time for employees. The Directive provides for limited derogations from some of its provisions in certain circumstances. These derogations were, for the most part, transposed into national legislation via the OWTA.

Representations have been made to me from the Irish Racehorse Trainers Association, Horse Racing Ireland and from my colleague the Minister for Agriculture, Food and the Marine. The representations raised the issue of the applicability of the Working Time Directive and the Act to the horse racing sector and in particular the derogations that may apply.

While the Directive sets down limits on the time that workers can work without rest breaks, it does allow some limited derogations from some of its provisions under certain circumstances. However, the Directive requires that the derogations in question are conditional on the employee receiving ‘equivalent compensatory rest’. This means that the employee’s statutory rest breaks may be postponed to a later time but they must be given to the employee as soon as possible thereafter and within a reasonable period of time.

The Labour Court, in a determination earlier this year, found in one particular case that an employer in the horse racing industry was not entitled to avail of certain derogations from the working time legislation. I am aware of the concern that exists in the horse racing industry arising from the Labour Court ruling. I appreciate that the working time rules present particular challenges for the industry. However, as Minister with responsibility for employments rights policy, I am equally conscious of the need to protect the health and safety of employees.

In response to the representations made to me, I obtained the legal advice of the Attorney General as to what options, if any, might be available to me to clarify the derogations available under the Directive in relation to the horse racing sector. I have also met with representatives of employers in the sector as well as representatives of employees and heard their views on the particular characteristics of the industry in the context of the working time legislation. My officials have met with officials of the Department of Agriculture Food and the Marine and they are continuing to engage with them on the issue.

I am currently considering the Attorney General’s advice and the views of the various parties involved in this sensitive and complex matter. My aim is to ensure that employers have the flexibilities they need to run successful and employment-rich businesses, within the derogations permitted by the Directive as interpreted by the Court of Justice of the European Union, and that the employees have quality jobs where their employment rights are fully protected.

It is important to note that an appeal against the Labour Court ruling is pending before the Circuit Court. I am very conscious of the need to avoid taking any action that might be seen to interfere in the judicial domain. Therefore, it would be inappropriate for me to comment any further.

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