Dáil Éireann debate -
Thursday, 7 Nov 1991

Vol. 412 No. 3

Adjournment Debate. - Maternity Leave Pay.

Proinsias De Rossa

Yesterday the EC Council of Ministers came to an agreement on maternity pay which seriously threatens levels of pay for women on maternity leave and emphasises starkly how the social dimension is being disregarded by governments in many member states. The formula agreed provides a guarantee of 14 weeks' maternity benefit at the level of sick pay prevailing in each member state.

Maternity payments here are currently set at 70 per cent of reckonable weekly earnings, with a minimum of £76 and a maximum of £154. Sick pay, on the other hand, is set at just £50 plus a maximum additional amount of £17.40 in payrelated payments on a wage of £220 a week. If the "letter" of last night's agreement is applied here, women would face maternity rate cuts of between £8.60 and £86.60 a week.

I note that the Commission has sought and been given assurances that matenity rates will not be reduced in member states where they are higher than the new formula. But we have seen in the past the ability and the willingness of Irish Governments to twist the meaning of EC directives, most notably the Equality Directive of 1986. The Minister must give a categoric assurance to the House that no cuts will be implemented in maternity payments.

Of course, regardless of any assurances the Minister may give, this is a disgraceful agreement. First, maternity pay should not be linked to illness. As EC Commissioner Vaso Papandreou stated recently in opposing that formula, pregnant women are usually very healthy women.

The European Commission originally proposed that maternity allowances be allowed at 100 per cent of net salary. When this was rejected the Commission indicated a willingness to accept an Italian and Danish compromise proposal of 80 per cent of net salary. But this was also rejected. I should like the Minister to clarify exactly what position the Irish Govenment took in these negotiations. It was unfortunate, though perhaps highly convenient, that no ministerial representative from Ireland attended the vital discussion on this matter on 14 October last.

While we have seen major rows in Brussels involving the Minister for Agriculture and Food on reductions in agricultural subsidies, the Government would appear to have allowed this scandalous decision to be made without any objection. More important, the decision will undoubtedly be used by the Government here as a reason to refuse increased maternity payments to the norm in most other EC states. We will be left languishing with Britain at the bottom of the pile. Six member states of the Community pay more on maternity leave than we in Ireland do. Can the Minister say if it is intended to increase the Irish rate to approximate the average in those countries, or indeed if it is intended to remain at the levels set during the Thatcherite years in Britain?

On the question of the non-pay side, there are clearly a number of positive elements to the Directive, including time off for antenatal examinations, provision for transfer of pregnant women to alternative duties and removing the qualification threshold for women workers. However, I ask the Minsiter to indicate exactly when enabling legislation will be brought forward on these issues and when it is intended to implement them.

Minister for Labour (Mr. B. Ahern)

I thank Deputy De Rossa for giving me the opportunity to say some words on this subject. At a meeting of the Social Affairs Council held in Brussels yesterday, political agreement was reached on a draft Directive on the protection of pregnant workers. The Directive covers the three stages from conception to maternity leave, maternity leave and returned to work but breastfeeding. In addition to the 14 weeks maternity leave to which pregnant workers are already entitled, the Directive provides further protection for pregnant workers.

There are many areas covered by the Directive and I do not think time will allow me to detail them all, but the main ones are as follows: First, where the results of a risk assessment, provided for in the Directive, reveal that a pregnant or breastfeeding woman's job may endanger her health and safety, the employer shall adjust her working conditions and her working hours. If this cannot be done there is provision for transfer to alternative duties. If adjustment of working conditions or transfer to another job is not possible, the worker is to be granted leave for the whole of the period necessary to protect her safety and health.

Second, assurance that pregnant workers are not assigned to night work during pregnancy — or for a period after the confinement, to be determined nationally — where it is medically certified that this is necessary for the safety and health of the workers. The alternatives to night work are a transfer to day work, special leave from work, or extension of maternity leave. Third, prohibition of dismissals for reasons related to their condition from the beginning of the pregnancy to the end of maternity leave and reversal of the burden of proof where dismissal takes place. Fourth, time off for antenatal examination without loss of pay if such examinations have to take place during working hours.

I point out to Deputy De Rossa that that does not relate to non-pay because that is a substantial improvement in that the present position for the entitlement of women to have time off in our legislation, which is not included in the legislation of several other countries, is that they have to forego their own payment rights. If women were making a monthly or a weekly visit — and medical evidence shows that the visits would be monthly for several months and weekly for perhaps the remaining four to six weeks — they would now be entitled to make those visits without loss of pay. Thus, it is not a non-pay issue.

In relation to payment during the 14 weeks maternity leave, under the current social security maternity benefit scheme, women in employment are guaranteed 70 per cent of gross pay subject to a minimum payment of £76 and a maximum payment of £154 per week. This level of payment, together with any tax rebates which the woman is entitled to, ensures that she receives about 100 per cent of net pay during her 14 weeks maternity leave. In line with entitlement to all social security benefits, this entitlement is subject to meeting certain eligibility criteria. which basically require that the woman has been working for 39 weeks in the 12 months before the birth of the child.

The Directive which was discussed at the Social Affairs Council yesterday requires that subject to national eligibility conditions the worker would receive payment at least in line with that which she would receive if she were sick. This Directive confirms the rights of pregnant workers to a social security payment. I am happy to be able to assure the House that at present the Irish social security system treats pregnant women more favourably than social welfare recipients. Pregnant workers' entitlements are therefore already well in excess of the minima laid down in this Directive.

Deputy De Rossa asked me about the Government's position on the possibility of decreases. Again, I wish to make it clear that this matter has been debated for over a year. There were six or seven meetings and the meeting of 14 October was held to tidy up the draft for finalisation yesterday. It was not by any means the key meeting. The Social Questions Group, COREPER and all the other committees have been dealing with this issue as well, because it is a substantial part of the Social Charter and provides a substantial improvement when all the conditions are taken together.

The answer to the question of whether there can be deductions is no. Article 23 originally stated that there could not be deductions. That was amended yesterday to bring it in as part of the Directive, rather than being on the periphery of the Directive, I think, to cover his very point — which is a valid point — that the Directive could not be interpreted with a side agreement. An amendment was made yesterday to make it clear that no national government could interpret the Directive to reduce anybody's entitlement.

In relation to the other specific question asked by Deputy De Rossa, as I said yesterday at the end of the Council meeting, the Government would now look at our legislation, particularly in relation to unfair dismissals and maternity protection. As legislation is amended we shall give consideration to the provisions. The Directive states that that must be done within two years. I am at an advanced stage with the Unfair Dismissals legislation anyway, so that will be considered immediately. It would make no sense to wait for two years. The position is the same with legislation in relation to conditions of employment, which is being reviewed within the Department.

A substantial step forward has been made. The agreement improves the position and will certainly give workers in many industries protection that they have not had. No one can be in a worse position in relation to pay.

The Dáil adjourned at 5.30 p.m. until 10.30 a.m. on Friday, 8 November 1991.