Liz O'Donnell
Question:10 Ms O'Donnell asked the Minister for Equality and Law Reform if he has examined the implications for Ireland of EC Directive reference 86/613/EEC of 11 December 1986, on equal treatment in self-employed activity.
Ceisteanna—Questions. Oral Answers. - Equal Treatment Directive.
The Council Directive 86/613/EEC of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity and on the protection of self-employed women during pregnancy and motherhood has been in force since 30 June 1989. The directive has been the subject of attention at the time of the preparation of the Directive by the various Departments with primary responsibility for the areas concerned.
I am, of course, concerned to see progress in these areas as they involve greater equality of treatment for self-employed women and I will be reviewing such progress in the context of overviewing the Government's response to the recommendations of the Commission on the Status of Women generally, including those relevant to the self-employed.
If the directive is in force in Ireland, could the Minister tell me in relation to a query I had recently, if it applies to a woman who is a partner in a legal practice who felt she had been discriminated against in relation to maternity leave?
The directive has been in force here since 30 June 1989. Unfortunately, until now no Department has had particular responsibility for it. Deputy O'Donnell has been concerned about the issue and she spoke about it at yesterday's Estimates meeting. She spoke particularly about partners in professional firms. The question is being dealt with more directly in the new employment equality legislation which is in course of preparation. The Bill will deal with cases relating to more sizeable partnerships. Obviously, if one woman is a 50 per cent partner in a firm, it is a different situation, but more minority partnerships may well be addressed in my new legislation so far as certain protective rights are concerned.
The query Deputy O'Donnell raised is the same query which I am raising. Is it the case that a female partner in a professional practice is entitled to the same maternity leave as if she was an employee of the practice under this directive?
I am not quite sure if it is the same, but certainly there is protection there for self-employed women during pregnancy and motherhood. As I said, this has been in force since 1989. I am not sure whether the terms are exactly the same for a worker, but I can check the matter for the Deputy.