Sinn Féin spokesperson on Foreign Affairs and Defence, Matt Carthy TD, has said that the Tánaiste ‘bears full responsibility for the failure to progress legislation crucial to address the recruitment and retention crisis in the Defence Forces.’

Defence Forces personnel are currently excluded entirely from the protections of the Working Time Directive.  Representative organisations have been clear that the removed of this exemption is critical to address the crisis.

Teachta Carthy said:

“The men and women of our Defence Forces have chosen a vocation unlike any other, often involving long periods away from their families and communities.

“However, it is not acceptable that, as a matter of standard practice, that they are obliged to work excessive hours in the course of their daily duties without being remunerated.

“This is a central cause of recruitment and retention crisis, and results in increasing workloads on those who remain.  More members of the Defence Forces have left the services every year that this government have been in power than joined.

“In February 2022 the Report of the Commission on the Defence Forces recommended the ‘expeditious removal’ of the blanket exclusion.

“5 months later in July 2022 the High Level Action Plan identified submitting a Heads of Bill to the Attorney General as an ‘early action’ to be completed within 6 months of governments decision.

“In March of 2023 in the update to the High-Level Action Plan the Tánaiste reported that ‘the legislative framework to remove the blanket exemption’ was ‘well progressed’.

“In November of last year within his Detailed Implementation Plan the Tánaiste set a target of January this year for Heads of Bill to be progressed while the legislation itself was to be progressed by the end of this month.

“Yet, this week, in a Parliamentary Question response to me, the Minister for Enterprise has refused to give any timeframe in which legislation will be brought forward.

“Unfortunately, it appears that while the Tánaiste is keen to launch glossy policy documents and attend photo-calls, he has utterly failed to progress the legislation that would have the single greatest impact on the recruitment and retention crisis.

“Micheál Martin must explain why he has singularly failed to resolve this issue.”

ENDS

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For Written Answer on : 18/09/2024
Question Number(s): 257 Question Reference(s): 36915/24
Department: Enterprise, Trade and Employment
Asked by: Matt Carthy T.D.
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QUESTION

To ask the Minister for Enterprise; Trade and Employment to report on the drafting of legislation to remove the blanket exclusion of members of the Defence Forces from the protections of the Working Time Directive; the timeframe in which he intends to publish the Heads of Bill; and if he will make a statement on the matter.

REPLY

The Organisation of Working Time Act 1997 (OWTA), which transposes the EU Working Time Directive into Irish Law, sets out minimum rest and maximum working time for employees as well as holidays and other miscellaneous issues. The Defence Forces are currently excluded from the provisions of the OWTA in its entirety. My Department’sobjective is to develop the appropriate legislative mechanism to bring the Defence Forces within the scope of the OWTA as soon as possible. 

Officials in my Department have been actively engaged with their counterparts in the Department of Defence who have policy responsibility in this area, to ensure that the Defence Forces can continue to fulfil their essential state functions once they are under the ambit of the OWTA.  Department officials are also engaging with the Office of the Attorney General on this matter.  

It should be noted that the drafting of legislation, especially on such an important area, can be complex and it is therefore it is difficult to give a definitive timeline for publication. However, I would like  to assure the Deputy that this is a priority for my Department and work is underway to draft the legislation as efficiently as possible.