In her provocative poem ‘Ireland is Changing Mother’, Rita Ann Higgins has
the lines: ‘You might have had / the cleanest step on your street / but so
what mother, / nowadays it’s not the step / but the mile that matters’.
It is a positive fact that in many areas of Irish life women are walking
the mile and more. But to this day not enough has been done.
That we must dismantle the structural barriers that deny women equal
opportunities in the political process is undeniable. For too long,
stereotypical thinking fuelled a historic pattern of discrimination against
women. Stereotypes about women’s domestic roles and dependency were
reinforced by parallel stereotypes presuming a lack of domestic
responsibilities for men. These mutually reinforcing stereotypes created a
self-fulfilling cycle of discrimination that excluded women from the public
space and consigned them to the private sphere whatever their aspirations
and talents. Such outmoded stereotypes have no place in a constitutional
democracy that regards the right to equality as the ground of all
fundamental rights. The stain of generations of discrimination against
women is still visible in our society. Women continue to experience
barriers to political participation to this day. For this reason, the
determination to remove those barriers remains vital.
This issue was considered in great detail in 2009 by the then Joint
Committee on Justice, Equality, Defence and Women’s Rights and they
produced a very worthwhile and informative report entitled “Women’s
Participation in Politics”.
This report identified five challenges facing women in politics. These are
known as the “5 Cs” and I will remind Deputies again what they are;
Childcare
Cash
Confidence
Culture; and
Candidate selection procedures.
This list is not a list of mantras that will work wonders just by reciting
them. It is rather a list of action steps and practical necessities whose
moral ambition is equal opportunity for women in Irish political life.
Practical measurable progress toward these goals is an absolute imperative.
We must remove once and for all the ‘no trespassing’ signs that women who
aspire to political participation find before them and put in its place the
‘welcome mat’ of equal opportunities that all equal citizens have a right
to.
Deputies:
The Committee also examined the issue of maternity leave in the context of
their discussion on childcare. The Committee’s recommendation was that
women members of the Oireachtas who give birth in office should be entitled
to automatic pairing arrangements. I personally believe such an
arrangement should also be in place for a short number of days for fathers
on the birth of a child. This would reflect the important role fathers
have to play in family life and reflect an advancement of equality of roles
within the caring duties carried out by parents.
As you are all aware this Government has, on foot of a commitment in the
Programme for Government, amended the Electoral Acts to address the issue
of increasing female participation in Irish politics in the context of
candidate selection. These ground breaking measures will ensure at least a
quota of 30% of women candidates will go before the electorate at the next
election
We have debated this issue both inside and outside these Houses many times.
To be honest little progress has been made. The facts speak for
themselves. At the last general election of the 556 candidates who ran for
election only 86 were women. Indeed some 90 years after women got the
vote fewer than one in seven of our Dáil Deputies have been women.
Minister Kathleen Lynch in her role as Minister for Equality and has
advanced an initiative under the National Women’s Strategy to examine
women’s role in decision-making in Ireland. A report will be shortly
published which, may I understand make recommendations that in the case of
female TDs on maternity leave should be entitled to an automatic pairing
arrangement possibility for period of maternity leave recommended by the
International Labour Organisation (ILO).
Women play an active role in many aspects of public and community life. We
all know this. They are highly visible in residence associations, local
charities groups, boards of management of schools and chambers of commerce.
But they still face barriers in the way of full political participation.
This brings me to the substance of the Bill we have before us.
I think the objective of the Bill is laudable. But a laudable purpose
should not immunise this Bill from careful inspection. The Government is
concerned that the method of achieving that objective set out in the Bill
poses constitutional and other legal difficulties. Before I outline those,
I want to say that I hope I can persuade my colleague Deputy Calleary and
Deputy Ó Fearghaíl not to push the Bill to a vote, but instead to agree
that we should work together to see if within the internal arrangements,
including the standing orders, of the two Houses, we can find a way of
achieving the shared objective without having to face any constitutional
difficulties. I have no doubt that Deputy Calleary and Deputy Ó Fearghaíl
recognise that the issue of gender equality in political life transcends
party politics.
The difficulties we on the Government side see with the Bill are as
follows. First of all, we as Members of the Oireachtas are not employees
but are “officeholders”. We do not fall within the statutory employment
protection legislation, because we are not employees. Consequently, we do
not qualify for the various social welfare schemes in place to support
workers when they are sick or on maternity or adoptive leave. We are also
not covered by what is known as the workplace-relationship legislation –
such as Unfair Dismissal legislation and the Organisation of Working Time
legislation.
And, second, the proposal to provide for maternity leave for female members
of the Houses of the Oireachtas – as if we were employees – may raise a
constitutional issue. It would in effect make provision for State
recognition of an absence from her duties under the constitution of a
Member of either House during the maternity-leave period, and for State
remuneration during that absence. The reality is that Members are entitled
to their salary ‘allowance’ as a matter of law during their period of
membership of the relevant House and there is no provision for non-payment
of the salary during this period (save for example where the question of a
suspension of a Member in connection with infringements under the Ethics in
Public Office legislation might arise). As Members we organise our own
work patterns and – subject to Members on my side of the House being here
when I need them to be here – the balance between Dáil work on legislation
and other parliamentary business on the one hand and constituency and other
work on the other is managed by the individual Deputy at his or her own
discretion and is not subject to approval by an employer.
There are two issues to consider;
· whether it would be possible under the Constitution to legislate for
such an absence from
duty for Deputies and Senators; and
· what additional provision, if any, could be made in such legislation
for payment of the salary allowance (and indeed other allowances) to
a Member in respect of such absences (given that the law already
provides for the payment of salary for the full duration of
membership)
The question may well arise should the provision of maternity leave equate
to a formal “leave of absence” such that the Member is, albeit temporarily,
no longer performing their duties as a member. The Bill does not propose
for a temporary replacement of a Member during their absence on maternity
leave. This would raise issues both in relation to electoral law and
possibly also the Constitution.
My final difficulty with the Bill is a practical one. Anyone involved in
politics knows that our electoral system does not allow any member the
luxury of taking a six month break from constituency politics and being
able to expect that the seat has been kept warm by one’s party colleagues
in anticipation of one’s return. We need to find a way of encouraging more
women to get involved in politics and of encouraging young mothers to stay
involved. That way needs to be one that works, bearing in mind the reality
of daily political life that I don’t need to tell any of the Deputies here
for this debate about.
The Bill also proposes what I consider are very generous terms for members
of these House while on maternity leave – far and away ahead of those
available to most young mothers. I think in the current difficult economic
times we need to reflect on this element of the Bill. The reality for most
women on maternity leave is that they receive a social welfare payment
known as maternity benefit at a maximum payment of €262 and down to a
minimum payment of €217 a week.
Colleagues:
My difficulties are with the specific of the Bill and not with its clear
human-rights objective. The Government unequivocally endorses the objective
of increasing the number of women in politics and of making Leinster House
a friendly and supportive place for young mothers.
In a constructive spirit, I propose that we should consider what we in the
Oireachtas can do in a practical way to progress that objective by
supporting TDs and Senators who are young parents. We have a golden
opportunity to cooperate under internal Houses of the Oireachtas
arrangements on this issue.
Primary legislation raise serious problems and the Government would have to
oppose the Bill on technical grounds if it is pushed to a vote. I suggest
that we don’t move to a vote but instead work together to see what can
actually be achieved in a practical way without the requirement of primary
legislation. This could be considered first by the Whips and by the
Leinster House authorities.
As Chief Whip I thank Deputy Ó Fearghaíl for crafting this Bill and raising
a crucial issue, I thank Deputy Calleary for presenting the Bill to the
House. I invite them and all the Whips of the parties in the House to work
with us to see what real progress we can make.