Journal.ie - Groups representing military members hail 'historic' move for Defence Forces workplace rights - 21 Jan 25


The Irish Defence Forces were exempt from laws governing leave, safe rest periods and break times.

GROUPS REPRESENTING military members have hailed as “historic” the lifting of a block on members of the Defence Forces having the same workplace rights as every other citizen of the State. 

The Representative Association of Commissioned Officers (RACO) has been campaigning for a number of years for the move along with its colleagues in PDFORRA who represent rank and file members.

The Organisation of Working Time Act 1997 was introduced in Ireland following a major directive from the European Union which revolutionised the rights of workers on the hours they can safely work.

This prevents people working without safe rest periods, guarantees leave entitlements and break times. 

The Defence Forces were exempt from this Act since it was introduced in Ireland in 1997. Members of An Garda Síochána have been under the protections of the law since the 2010s.

To bring the Defence Forces in under the legislation would mean that there would be rules on how many hours they would work in a week – the exemption was there because the military would be working in an environment where their work would necessitate irregular hours.   

The campaign by RACO and PDFORRA has gone on for several years – their argument has been that an exemption is deeply unfair to soldiers, sailors and airmen.

It has resulted in a number of court cases and other campaigns including protests but this morning Tánaiste and outgoing Minister for Defence has signed a document, known as a Statutory Instrument, giving effect to the Defence Forces coming under the remit of the Act.

The Tánaiste said: “The implementation of the Working Time Directive has long been identified as an important retention measure for serving members and it is a significant further step in the transformation of the Defence Forces in line with my commitment to cultural change. As such, it has been a key priority for me.

“The provisions in the Act – including daily and weekly rest and maximum weekly working time over a 17-week period – will now apply to the vast majority of Defence Forces members, including members of the Reserve who deploy in support of the Permanent Defence Force,” he said. 

 

 

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In a statement RACO’s General Secretary Lieutenant Colonel Conor King said the signing of the Statutory Instrument was a “watershed moment in the provision of much needed compensatory rest and will afford a degree of certainty and predictability to DF members performing high tempo roles”.

“It is a historic milestone on the path to making the Defence Forces an employer of choice that truly values its people and rewards them for the sacrifices made by them and their families in the service of the State.

“It is the culmination of almost a decade of advocacy by RACO and PDFORRA on behalf of our members, which involved complex negotiations, relentless engagement with many stakeholders, and the necessary taking of legal action,” he said.

The General Secretary of PDFORRA, Gerard Guinan also spoke of the long fight his group has undertaken. 

“PDFORRA has fought long and hard for the equitable implementation of the Working Time Directive for our members.

The struggle for fairer conditions resulted in multiple court actions, mediation agreements and long hours of negotiation.

“Therefore, today represents a milestone for the Defence Forces and our members who can look forward to the protections afforded under the Directive, save as where it conflicts with the needs of the State,” he said. 

Mark Keane, President of PDFORRA also commented and said that it was “a significant achievement” for military personnel.

“The implementation of this directive is a testament to the collective pressure and dedication of our Association and reflects our unwavering commitment to safeguard the rights and wellbeing of our members and ensuring their service is recognised and indeed valued.

“We in PDFORRA will continue to work closely with all stakeholders to ensure the effective implementation of these measures,” he added. 

The Chief of Staff of the Defence Forces, Lt General Sean Clancy, also welcomed the development.