Dáil Éireann Debate, Thursday - 17 October 2024
17. Deputy Matt Carthy asked the Tánaiste and Minister for Defence the targets for progressing the removal of the blanket exclusion of members of the Defence Forces from the protections of the Working Time Directive 2003 within his high level action plan and the detailed implementation plan for the report of the Commission on the Defence Forces; if these targets were met; the targets that have not been met; and when the exclusion will be removed. [42015/24]
Amharc ar fhreagraIn line with the target set down in Action 28 of the Strategic Framework which I published last year, a final management position on the implementation of the Working Time Directive across the Defence Forces, was submitted to me last December. Following interactions with civilian-military management and the Representative Associations, I subsequently approved that position.
As the Deputy is aware, responsibility for developing the legislative mechanism to remove the blanket exemption from the 1997 Organisation of Working Time Act lies with the Department of Enterprise, Trade and Employment (DETE). To that end, I have had very positive engagement with my colleague, Peter Burke, Minister for Enterprise, Trade and Employment in relation to this key priority. At official level there has been extensive engagement between the Departments in the intervening months and between Department of Enterprise Trade and Employment officials with the Office of the Attorney General.
While I am aware that a timeline of September 2024 is set down in the Defence Implementation Plan for Action 50, the removal of the blanket exemption, I am fully cognisant that the identification of an appropriate legislative framework has been a very complex piece of work.
I’m pleased to say that my colleague, Peter Burke, TD, and Minister for Enterprise, Trade and Employment confirmed in September that a Statutory Instrument through the European Communities Act, 1972, to remove the blanket exemption in the Organisation of Working Time Act, for the Defence Forces, would be appropriate.
Furthermore, in is intended to have this Regulation enacted by year end.
This body of work has been a priority for myself, Minister Burke, Minister Higgins and the wider Government and my officials and officials in Enterprise, Trade and Employment have been working to progress this as quickly as possible.
The Military Authorities have previously determined that the vast majority of activities are compliant with the Directive.
In tandem with the drafting of the Statutory Instrument, my officials are actively progressing the necessary underpinning required for those agreed health and safety protections associated with military activities which are deemed to be exempt from the scope of the Directive due to their specific nature.
These measures will come into effect in parallel with the enactment of the Statutory Instrument.
Another critical enabler in taking forward the implementation of the Directive is a robust Time and Attendance system. Following the pilot Time and Attendance system undertaken by the military authorities last year, a follow-on procurement process is now underway, for a long-term electronic solution, which will result in a system for recording the daily working hours of every member of the Defence Forces.
I am pleased that this significant Government commitment is now nearing fruition and that members of the Defence Forces will be brought within the scope of the Directive.
