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Why so long to Implement WTD to the Defence Forces?
Since 2010, following a European Court of Justice (ECJ) ruling and further successful legal actions in the Irish courts (including PDFORRA), the State has accepted that the broad exclusions in respect of members of the Defence Forces contained in Sec 3 of the 1997 Act are now no longer compatible with the Directive. The ECJ indicated that any exclusion of members of the DF “must be limited to exceptional circumstances”. This exposes the State to a range of further legal actions in the ECJ, the High Court or the Workplace Relations Commission (WRC) forcing Government to open the way for members of the DF and An Garda Síochána to enjoy work place benefits which Irish law currently purports to exclude them from.
What is RACO’s role in the implementation?
As the WTD is essentially a health & safety legislation, this places its implementation in the DF firmly within the scope of representation.
What is RACO’s position?
RACO members ultimately decide on the Association’s policy. To date, the National Executive has discussed the Directive and placed a motion to conference advocating for the full implementation of WTD provisions.
What have other Militaries implemented?
Progressive military organisations such as Germany, Sweden and the UK have introduced measures to control the hours routinely worked by personnel. In reviewing these implementations there is a tacit and practical acceptance that in specific circumstances, e.g. deployments at sea or abroad, extended training exercises/ courses or security duties, adopting agreed and negotiated restrictions are generally necessary in the security and defence sector. However, as advocated by EUROMIL, these activities must be precisely defined, demarcated and not blanketly exempted from legislative protective measures. We heard perspectives from the Swedish Navy and German Military representatives during the recent RACO conference.
What about An Garda Síochaná?
In 2012, the Garda Associations as part of their commitments contained in the Public Service Stability Agreements, entered into an agreement with their management on the implementation of the WTD to their duty rosters. Known as the ‘Westmanstown Agreement’ it is a formal arrangement between the Garda Commissioner and the four Garda representative associations. The implementation of the Westmanstown Agreement ensures efficient and effective policing rosters while guaranteeing that the operation of the rosters complies fully with European Union Working Time Directive (WTD).
How will a solution be achieved in the Defence Forces?
Based on the legislative requirements imposed by the WTD, RACO is pursuing an agreement between the parties under the auspices of the DF Conciliation & Arbitration Scheme. The agreement should provide for the full implementation of the WTD across the spectrum of Defence Forces activities.
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