Bid to penalise Ireland over working hours for junior doctors fails

The European Commission has failed in a bid to have Ireland fined for its working hours for junior doctors.

EU officials claim Ireland has failed to implement the Working Time Directive by asking junior doctors to work shifts that sometimes extend to over 24 hours.

However, the European Court of Justice has rejected the bid because it said that the Commission had not provided enough evidence to show Ireland is in breach.

It also says Ireland has put forward arguments to explain that junior doctors must face irregular and challenging shifts in order to maintain staffing levels in the health service.

The Department of Health welcomed the ruling in a statement issued this afternoon.

"The Court has recognised in its judgment that protected training time, that is where the NCHD (non consultant hospital doctor, or doctor in training) is engaged in educational and training activities and is not available to the employer for work purposes, does not constitute working time," it said.

The Department said it was committed to achieving its obligations to have a 48 hour average working week as soon as possible. It also said that while the European Commission had referred the case, "there is ongoing positive engagement with the Commission on the matter."