Dáil Éireann debate -
Thursday, 30 Jun 1994

Vol. 444 No. 7

Written Answers. - EU Directive.

Eric J. Byrne

Question:

23 Mr. E. Byrne asked the Minister for Equality and Law Reform the plans, if any, the Government has to comply with the EU directive providing for additional protection for pregnant women in the workplace; the main proposals in any such legislation; when it is likely to be introduced; and if he will make a statement on the matter.

Minister for Equality and Law Reform (Mr. Taylor)

The Government has approved my proposals for legislation on this issue and it is intended to bring forward a Bill as soon as possible.

The main thrust of the directive — to provide for a minimum of 14 weeks maternity leave — is already encompassed in the Maternity Protection of Employees Act, 1981. The proposed legislation will extend the right to maternity leave to all workers, including agency workers.

A new right to health and safety leave will be introduced and may be exercised where a risk to a pregnant mother or her child exists in the workplace which cannot be remedied by a change in working conditions and where no suitable alternative work is available. The payment of an appropriate allowance during such absence on health and safety grounds will be provided by the Department of Social Welfare following a short initial period where employers will be liable.

Pregnant or breastfeeding workers will not be obliged to perform nightwork, where this is certified as necessary for their safety or health.

A right to time off for ante-natal and post-natal medical care without loss of pay will also be created.

Redress procedure will be provided through a Rights Commissioner with an appeal to the Employment Appeals Tribunal.

While exercising their entitlements to maternity leave or to health and safety protection, employees' employment rights will be preserved, including a prohibition on dismissal for any reason connected with pregnancy or breastfeeding.

I intend to publish the text of the Bill later this year in time for consideration by the Oireachtas before the date for implementation of the directive. My colleagues, the Ministers for Enterprise and Employment and Social Welfare, are also considering appropriate measures to give effect to the directive in so far as their areas of responsibility, health and safety protection and social security matters, respectively, arise. In addition, my Department has written to employers' organisations and trades unions so that necessary consultations on the proposals can take place.