2026-02-17

141. Deputy Duncan Smith asked the Minister for Defence if her Department will now commit to paying members of the Defence Forces premiums for public holidays and overtime following the decision by the European Committee of Social Rights, which said both the prohibition on overtime across the Defence Forces and the lack of adequate provision for payment of public holiday premiums were breaches of the Social Charter; and if she will make a statement on the matter. [12525/26]

I want to take this opportunity to thank the men and women of Óglaigh na hÉireann for their commitment and professionalism in carrying out their essential duties in defending our State, serving in vital peacekeeping missions abroad and assisting our civil bodies. I had the opportunity to have my first meeting with the representative organisations, RACO and PDFORRA, in January where this issue was discussed, and I hope to have a constructive relationship with both organisations and many others during my term as Minister for Defence. I received the report of the European Committee on Social Rights, ECSR, just last week. The report relates to Ireland's compliance, as the Deputy said, with the European Social Charter on two issues: remuneration for certain work carried out by Defence Forces personnel on public holidays; and arrangements for compensation or overtime. The ECSR rejected two other complaints that had been submitted on similar matters. I understand that a formal resolution or recommendation on the complaints will be delivered from the Council of Europe's Committee of Ministers by the end of the month. My Department and I will give careful consideration to the report, review it in the context of the decisions reached in conjunction with our EU and national obligations. I was pleased to note that the European Committee on Social Rights also found that several positive developments had been progressed by Ireland in compliance with the charter since these particular complaints were taken, in particular the removal of the blanket exemption of members of the Defence Forces from the Organisation of Working Time Act last January. The Defence Forces has also introduced a manual system for recording hours of attendance to ensure compliance with the Act. An electronic time and attendance recording system has been procured and this will roll out later this year. For the Deputy's information, there are also provisions in place in terms of working on public holiday and compensation arrangements where personnel are required to work long or unsocial hours. When required to work on public holidays, members of the Defence Forces are compensated in accordance with the Organisation of Working Time Act. Additional or irregular hours worked by the Defence Forces are compensated through allowances and structured systems of compensatory rest.

The Minister's response sounds positive enough in its outlook. However, when this decision was made, the statement released by the Department of Defence stated: Ireland is a signatory to the European Social Charter and is committed to upholding its principles. The State respects the role of the ECSR and the Minister will examine its conclusions in conjunction with EU and national obligations, while noting that the reports of the ECSR are not binding on respondent states. Those last five or six words seem like a get-out clause from making good on the recommendations of the ECSR. We have had modest increases in Defence Forces numbers, but they are nowhere near where they need to be. We know from speaking to Defence Force members and potential members that pay and overall conditions are still a barrier to recruitment and retention.

That statement was merely stating the fact that the reports were not legally binding, but it is essential that we respond to the findings and work in accordance with the ECSR. That is something we are committed to. We have responded to many of the issues raised since that complaint was made. Members of the Defence Forces are compensated for additional or irregular hours through allowances and structured systems of compensatory rest. In addition, a pensionable military service allowance, which is designed to compensate for the special disadvantages associated with military life, such as the long and unsociable hours that many of the members of our Defence Forces work, is paid to all ranks up to the level of colonel. Military service allowance is also a pensionable allowance, so instead of getting the overtime, they get the particular allowance that is in place. I fully accept this ruling, and I am looking at what we have in place and how Defence Forces members are paid during these holiday periods. I will then examine the matter in the context of the findings of the European Committee on Social Rights to see if there is something more that we need to do. My statement was not to say that we were going to ignore the findings because we did not have a legal obligation. Of course we want to be able to respond to it. I just need to see if what we have now correlates with the committee's ruling overall.

RACO and PDFORRA were reluctant to take this case, but they felt they had no alternative. Perhaps now is the time for a reset in terms of the Department's engagement with RACO and PDFORRA and how we treat these workers, both current and potential workers. There is an awful lot of work we are going to have to do in the next months and years ahead in terms of investing in our neutrality and ensuring we have a proactive and protected neutrality. It is good to see investment in radar. It is good to see investment in a number of other areas. However, all that will be for naught if we do not invest in the personnel who are going to underpin, manage and deliver all the systems that we need to protect our neutrality. The members of the Defence Forces who perform their duties on public holidays deserve these premiums and general overtime pay. This is a basic standard in the context workers' rights, and I hope the Minister will make good on the ECSR recommendation.

We both fully agree that we can talk about expansion, growth and enhancing our capabilities. If we do not invest in the men and women of Óglaigh na hÉireann in the context of supporting and retaining them and recruiting further members, however, we are not going to be able to deliver on the ambitious programme that we have and that we all want to work towards. It is extremely important to understand what the issues are. As I said, I had really good engagement with RACO and PDFORRA in the past two weeks. My ambition is to work with them where issues that specifically relate to the men and women they represent are identified. A really important piece of work that has been done and that will be hugely helpful is the Value Our People survey. This is the largest survey ever undertaken in respect of Defence Forces personnel. This survey asked questions about what it is they feel supported by, what the challenges are, what the issues are and what are the main things they would like to see changed. It was not just focused on cultural change; it also focused on pay and conditions and other matters. This is the first in a series of surveys. It is very important that as we have this essential information, we take it and feed it into the work that we do and that I, as Minister, take on board some of the recommendations. We can learn from each survey. We can be more specific in our questioning and dig down into things in more detail. Again, a lot of work is happening there. It is about how we support the men and women of Óglaigh na hÉireann in the best way possible.