Courts / Limerick / Report
Cabinet approves drafting of new law on Garda and Defence Forces working hours
Summary
The Cabinet has approved the drafting of a new law to remove the blanket exclusion of An Garda Síochána and Defence Forces members from EU working hours directives. This development follows a High Court hearing where a challenge by two Limerick-based gardai, John Gaine and Padraig Harrington, was set to be struck out. The applicants alleged that Section 3 of the 1997 Organisation of Working Time Act, which excluded them from the EU's Working Time Directive, breached EU law. They claimed they worked eight-hour shifts without rest or meal breaks while on witness protection duty between October 2010 and January 2011, and were denied overtime payments. In their action against the Garda Commissioner, Ireland, and the Attorney General, they sought declarations that the exclusion was void and in breach of the directive, along with damages. The defendants had initially opposed the action. However, the matter did not proceed to a full hearing after Minister for Jobs, Enterprise and Innovation Mary Mitchell O'Connor informed the court that she was introducing a bill to apply the directive's terms to gardai, following clarification from the EU Courts of Justice. Solicitor Elizabeth Hughes welcomed the resolution, noting the Cabinet approved the heads of a new bill subject to permissible derogations. The case was effectively resolved through this legislative commitment rather than a judicial judgment on the merits.
Who, what, where, when and why
What: Report matter: Cabinet approves drafting of new law on Garda and Defence Forces working hours. Procedural stage: hearing_or_decision
When:
- October 2010 Hearing Or Sentence
- January 2011 Hearing Or Sentence
- 2016-11-30 Publication
Case subjects
Applicant
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Applicant
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Places mentioned
- High Court
Topics
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