Dáil Éireann Debate, Tuesday - 28 June 2022
110. Deputy Dara Calleary asked the Minister for Defence when the European Working Time Directive will be implemented for members of the Defence Forces; and if he will make a statement on the matter. [34024/22]
Amharc ar fhreagraAs I have advised the House earlier, 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. The Government, however, has committed to amending this Act and bringing both the Defence Forces and An Garda Síochána within the scope of its provisions, where appropriate.
The Working Time Directive, recognises the specific nature of certain military activities and allows for derogations or exemptions of such activities. Extensive work undertaken by civil and 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. However, it has also been determined that there are some activities which may qualify for an exemption due to their very specific nature.
I understand that ongoing deliberations by civilian and military management on the wider implementation of Working Time Directive within the Defence Forces are at an advanced stage and nearing conclusion.
The deliberations between civilian and military management, are being informed by the interpretation of recent European Case Law on military service, the fundamental requirement to ensure that rights are afforded to serving members, and the requirement to ensure that the Defence Forces can continue to fulfill their essential state functions. As the Deputy will appreciate, these are complex matters.
I am assured that the outcome of those deliberations, including with regard to possible exemptions for certain activities, will be fully aligned with the provisions of the EU Working Time Directive and case law on these matters.
As the Deputy may be aware, a sub-committee of the Defence Conciliation and Arbitration Council (comprising of the Representative Associations, military and civil management) was established to discuss matters relating to implementation of the Working Time Directive, where appropriate. Arising from those discussions, a number of amended practices regarding compensatory rest have been introduced.
This builds upon existing work practices relating to compensatory rest which comply with the Directive. Consultation on the outcome of the deliberations by civilian and military management on the wider implementation of Working Time Directive will be undertaken through the mechanism of the Conciliation and Arbitration Sub-Committee in the very near future.
My Department will thereafter engage with the Department of Enterprise Trade and Employment, who are the lead Department responsible for drafting any necessary amendments to primary legislation.
I can assure the Deputy that the health and safety of personnel in the Defence Forces remains a 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 throughout the Defence Forces.
