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Speech by Minister of State Kathleen Lynch TD on Parental Leave Bill 2013

Firstly I would like to thank Senators White, Wilson and O Brien for

bringing forward this proposal today.  Their intentions are laudable and

worthwhile as they recognise the important role that both mothers and

fathers play in the caring and nurturing of young children.

I am well aware of the difficult work that goes into the development of a

Private Members Bill and I have many times since I have become Minister

paid tribute to colleagues in both Houses who have undertaken this task. I

again today acknowledge the hard work undertaken by the Senators in

bringing these proposals forward.

Minister Shatter also has asked me to acknowledge the work of the Senators

in preparing these proposals.  As you may know, he has been responsible in

his time as a backbencher for a number of Private Members Bills that became

law.  These are the Protection of Persons Reporting Child Abuse Act 1998,

the Adoption Act 1991 (which was only the second Private Members Bill in

thirty-two years to become an Act), the Judicial Separation & Family Law

Act, 1989 (the first published Private Members Bill to be enacted into law

in over thirty years) and the Landlord & Tenant (Amendment) Act 1993.

In the light of that record, he has asked me to say – and I agree

completely with him on this point – that it is his firm conviction that

Government should not  automatically oppose a Private Members Bill where it

contains a good idea – even if the Bill needs more work at a technical,

drafting level.

There are a number of problems with the detail of this Bill, as distinct

from the principle, and I will come to those in a moment, but I want to

offer to Senators (and members of the other House too of course) that may

be thinking of bringing forward Private Members Bill in the Justice area in

future that you might consider availing of a confidential consultation with

the relevant Departmental officials in a advance of publication.  The

Department can’t express an opinion on the merits or on the politics of it,

and cannot help you with the drafting, but could point out any obvious

technical problems with the draft Bill and give the sponsoring member an

opportunity to have these corrected.  This would actually be a useful step,

as we parliamentarians can then concentrate on the substance when we debate

the Bill, rather than having to point to technical issues.

And there are a few technical problems with the Bill as published.  I am

slightly confused by a number of elements of this draft legislation before

us today. These include that the Bill proposes to increase the number of

weeks of maternity leave from 26 to 28 weeks and provides that this new

allocation be shared – 14 weeks for the mother and 14 weeks for the father.

This appears to be the intention, although the Bill has a number of

drafting defects including the proposed new section 8(1) to be inserted in

the existing Act, which creates an entitlement of not less than 14

consecutive weeks leave for the pregnant employee or the father (i.e. the

word ‘or’ means this is not for both).  I am sure this is an error, but the

Senators might confirm.

I might also mention the title of the Bill – Parental Leave Bill 2013.  The

Bill in fact proposes to amend current Maternity Leave legislation not

parental leave.  For the benefit of doubt or confusion I wish to set out

the current position regarding the various types of leave available.

      Maternity Leave of 26 weeks which attracts a social welfare benefit

      is currently available to mothers. An unpaid period of 16 weeks is

      also available to mothers.

      Adoptive Leave of 24 weeks which also attracts a social welfare

      benefit is currently available to mothers.  An unpaid period of 16

      weeks is also available to mothers.  I note that the Senators’ Bill

      is silent on the issue of adoption but I assume that this is an

      oversight.

      Parental Leave of 18 weeks, which is unpaid, is available as an

      individual right for both mothers and fathers.  This leave can be

      taken in respect of a child up to the age of 8 or in the case of a

      child with a disability or serious illness up to the age of 16.

We currently have no provision for Paternity Leave which in a number of

other countries is available to fathers.  We should have provision for

paternity leave in our system and the Government has agreed that we should

have paternity leave.  On this point of principle, therefore, the

Government will not oppose the Bill.

The Government cannot support the introduction of this two additional weeks

paid maternity or paternity leave at this time.  Last year close to 24,000

women received maternity benefit at a cost of over €300 million to the

social insurance fund.  It is estimated that the cost of such an additional

2 weeks would be in the region of €11.4 million per year.  This in itself

doesn’t sound like a huge amount of money, but it is just not feasible in

the current economic climate.  We need to avoid creating perverse economic

incentives whereby higher paid men in employments that offer maternity

leave on full pay would take the leave, rather than the mother who is in a

lower paid employment which only attracts the social welfare maternity

benefit.  We need to take our economic realities into account and avoid

increased costs and any dislocation in the labour market as far as possible

in making progress in this area.  But we are committed to making progress.

A much more substantial frailty in the Bill is that the entitlement to 14

weeks leave for fathers is created without any qualification and without

giving the mother any choice.  A mother currently has 26 weeks leave which

attracts maternity benefit, a social welfare payment.  This Bill would

reduce that to 14 weeks without any consultation with the mother.  This new

right is given to fathers without any qualification regardless of whether

there is a continuing relationship between the parents and indeed

regardless of the circumstances of the conception or whether the father is

spending any time of any nature with his child or making any contribution

to his child’s support.   Think about that.  Are we serious about reducing

a women’s entitlement and transferring it to the man without regard to

whether he has any involvement with the child?

I do not support the removal of an existing right, especially in this area

where women have had to fight over the generations for the right to

maternity leave and right to not be discriminated against because they take

such leave and the right to return to work and to the same pay and

conditions as before. Nothing in this proposal should weaken the rights of

women and I am sure all of you agree with me regarding this point.

This proposed Bill also requires the mother and father to take the leave at

separate times.  I do not understand the reasoning behind this aspect of

the proposal.  I imagine that in certain cases both the mother and father

may wish to consider taking leave together to cope with the demands of a

young child.  I am interested in understanding the Senator’s views on this

aspect.

However notwithstanding the obvious flaws in the Bill as published, I do

consider that it is timely to take on board the idea of creating a

provision for paternity leave by allowing maternity leave to be shared with

the father in certain circumstances.

As I said earlier we do not have a statutory provision for paternity leave.

However it is important that fathers and their important role in nurturing

children are acknowledged.  I consider that this is an omission in our

current system, in terms of promoting greater equality in society by

encouraging a fairer sharing of domestic responsibilities between men and

women. Evidence from countries such as Norway shows that paternity leave –

aside from its social benefits and positive impact on fatherhood – promotes

equality for women and supports a higher level of female participation in

the labour force.

I favour a flexible approach to address modern workplaces and give working

families maximum flexibility in choosing how to divide leave and life.

There  has to be a period of compulsory leave for the mother for health and

safety  reasons  –  current 6 weeks in our system (2 weeks before the birth

and  4  weeks afterwards).  I favour an approach whereby the mother remains

in  control  of  the  leave,  but  can decide to share some of it after the

compulsory  period  with her partner.  How much can be shared would need to

be considered in detail and we would need to consult, not least with women.

Such a flexible system would help to create a system of parental leave that

works  for modern lives and respects a family’s right to choose how to care

for  their children.  This flexibility would also enable working fathers to

take  a  more  active  role  in  caring for their children and help towards

reducing the gender bias that currently applies to women’s careers.

In  summary,  the  Government  cannot  support the proposal to increase the

overall  length  of  maternity  leave/paternity  leave and cannot support a

proposal that fathers would have an automatic right to 50% of the available

leave  allowance  regardless  of  whether  there is a relationship with the

mother or not.  That proposal in its detail is deeply flawed.

However,  what  I am suggesting to the Senators is that the Government will

accept  the  principle  of the Bill, i.e. that we should have provision for

paternity  leave  on  a  shared basis in our family leaves system.  We will

accept  it on the basis that we do not take Committee stage until the first

quarter  of  next  year.   This  will  allow us to consult more widely with

employers  and  Trade Unions, with relevant NGOs and with women, as well as

with  the  Departments  of  Enterprise  and  Social Protection to design an

approach  that  is  affordable  and  feasible.   This  would  also  include

consulting  with the Equality Authority, soon to become part of Irish Human

Rights and Equality Commission, on the gender equality aspects. The path to

be  followed  will  also  have  to  ensure  no  major  increase  in  public

expenditure in the context of the State’s current circumstances.

Following  this  consultation,  the Government will bring forward Committee

stage  amendments  early  in the New Year. The shape of an amended proposal

could possibly include:

· Maternity leave will remain vested in the mother.

· The  mother may opt to share a part of the leave (to be defined, and in

   any event excluding the minimum period which must be taken by the mother

   for health and safety reasons and to meet EU law requirements), with the

   father.   The  father  will  of course have to meet the necessary Social

   Protection  requirements  in  his  own  right regarding social insurance

   contribution etc to receive payment

· Safeguards to avoid any dislocation or perverse incentives.

· Similar provisions will also apply to adoptive fathers and mothers.

We  need  to  design  an  approach that will work and we need a full Impact

Assessment on the amended Bill.

I ask the Senators now for time for the Government to consult fully on the

implications of the Bill and to allow for the development of a number of

detailed Committee Stage amendments to address the issues of concern I have

outlined above.  If that is agreed, we will not oppose the Bill.

As many of you will be aware, the Government approved proposals last

December to draft a Family Leave Bill.  This will consolidate all the

family leave legislation (maternity, parental, adoptive and carer’s leave)

into one Bill. Responsibility for Carer’s Leave is being transferred from

the Department of Jobs, Enterprise and Innovation to the Department of

Justice and Equality in the context of this statute law consolidation

exercise.   This consolidation will involve examination of possible

discrepancies and anomalies between the various Acts with a view to making

the code more accessible and streamlined.  This is a significant statue law

consolidation and revision project on which work is ongoing.  It is too

soon to say when the Bill will be published, but we are aiming for early

next year.

Depending on the timing of publication of this Bill, it may also be

possible also to incorporate the principle of the Senators’ proposals in

the consolidation Bill and still come back in the first quarter.  If not,

we will still come back with amendments to the Senators’ Bill in the first

quarter of 2014 as a standalone exercise, which can ultimately be

incorporated in the Family Leave Bill.