Dáil Éireann Debate, Tuesday - 12 June 2018
135. Deputy Thomas Byrne asked the Taoiseach and Minister for Defence his plans to stop welfare deductions from soldiers' pay; and the services listed in DFR S3 from the Defence Forces budget in accordance with the Payment of Wages Act 1991. [24285/18]
Amharc ar fhreagraParagraph 34 of Defence Force Regulation (DFR) S3 provides for a deduction of 24p (30c) a week from the pay of a soldier as a contribution towards meeting expenses relating to the provision of articles and services provided for the welfare, recreation and comfort of members such as administrative expenses in connection with arrangements made for personal laundry services and the provision of sports equipment and other such items.
This matter was the subject of a recent Labour Court appeal arising from a case taken to the Workplace Relations Commission (WRC) by a member of the Defence Forces. The Labour Court determined that the appeal was not allowed and affirmed the original WRC decision that the deductions referred to were made under statute and were not in contravention of the Payment of Wages Act 1991.
Specifically, the Court found that welfare deductions from soldiers' pay came within the scope of section 5(1) of the Payment of Wages Act 1991, being deductions authorised by an instrument made under statute, namely Defence Force Regulation S3 paragraph 34, made under the Defence Act 1954.
The Court also found that the deduction was not made in respect of goods or services supplied to or provided for the employee by the employer the supply or provision of which was necessary to the employment. The Court further found that the deduction at issue in this case came within the scope of section 5(5)(c) of the Payment of Wages Act 1991.
The full decision of the Labour Court in this matter is available on their website (www.workplacerelations.ie), under reference number PWD1819.
The position concerning welfare reductions remains unchanged.
