As there are no amendments on Report Stage we will proceed to Fifth Stage.
Adoptive Leave Bill, 1993 [Seanad]: Report and Final Stages.
Question proposed: "That the Bill do now pass".
I welcome the Bill and congratulate the Minister on bringing it to this stage. I have supported him in getting it through the House in a short time and I would like to see it on the Statute Book as soon as possible. I also stressed an early date for the implementation of its provisions. I assume the Social Welfare Bill will come before the House this week because it must be passed so that the Revenue Commissioners can commence their work in implementing its provisions on 6 April. The same date should also be set for the implementation of the provisions of the Adoptive Leave Bill. As its provisions were prepared in 1993 and 1994 I know the Department of Social Welfare will have no difficulty in including them in the Social Welfare Bill. I am happy with the assurances the Minister gave about the early implementation of these measures. I would have liked, however, if he had accepted my suggestion about the parents of children with special needs. Perhaps he might consider that matter before the Bill is enacted.
I am not happy with the lack of equal treatment provisions in the Bill. Men and women should be treated equally in terms of adoption. The case is clear-cut and the expense would be negligible. I am sure in time the Minister will look over the Bill and say his one regret in what is otherwise an excellent Bill is that, as Minister for Equality and Law Reform, he failed to provide for equal treatment. I welcome the opportunity, as Opposition spokesperson on equality and law reform, to make that point. As this is my only major reservation about the Bill, it is regrettable that my suggestion was not considered but, in the nature of things, I understand how that provision could have been excluded.
From now on we should not hesitate or waste time in regard to equal treatment measures. I know I am speaking to the converted when speaking to the Minister because I am aware of his conviction and commitment to equality issues and reform of the law. We have an opportunity to reform the law here and we should do so.
Young people will be disappointed with the Minister's failure in this regard. I have spoken to a number of young parents who fail to understand why we could not provide equal treatment in this Bill. They see equal treatment as the way forward and they know we know it is the way forward. In practical terms, the measure could be adopted, with no financial consequences. The Minister plans to deal with the question of parental leave, but the great fear is that this Bill would in some way act as a precedent for such leave. That is why we are doing something today which we do not want to do. I know the Minister does not want this Bill to pass without providing equally for men and women in regard to adoption. We must address the issue of equality because young people, in particular, do not understand why we are holding off. The only reason is the fears of people in the background — who are not with us today — about a precedent in terms of parental leave. That is regrettable. The Bill should not be regarded as a precedent for parental leave, which is a separate matter that will be phased in eventually. Some people will oppose it and be fearful of the costs involved but we must find a proper way of dealing with the issue.
I know the Minister is anxious to bring forward measures as soon as possible, and other people are convinced of the desirability of acting in that area, in however small a way initially, in order not to frighten the horses, so to speak. One has to advance one step at a time, but I felt strongly that this would have been a worthwhile measure which would have achieved full equality of treatment as between men and women. I regret that that was not possible today. I congratulate the Minister on bringing the Bill to this stage and have great pleasure in supporting its passage.
I would like to join the Opposition spokesman in congratulating the Minister on steering this Bill through the House. It is a much needed and welcome reform for the small number of parents who are directly affected.
I welcome the remarks of the last speaker and would encourage the Minister to act on this unexpected consensus brought about by the change of positions in the House. As in so many other areas there was no sign, when in Government, of the enthusiasm for reform that has been demonstrated by Fianna Fáil in Opposition, and this is an opportunity that we should not let slip. There are many Opposition Members who argue that the reason this measure was attractive is that it would not be very costly. If that was the measure by which the worth of any legislation was judged, there would not be a very warm environment. However, I have great confidence that the spokesman opposite will be able to bring his party with him in this matter. It is time, when there is consensus in the House, to strike and move on parental leave also.
Last Friday I spoke to spokeswomen from other parties about what prevents women from moving ahead in their careers. Certainly family issues are the critical ones. In the virtual absence of child care there is very little support given by the State. The issue of parental leave must stay on the agenda and it would seem that this is the time to move, given that there is such a broad consensus in the House. The Commission on the Status of Women asked that, as a gesture, we should begin with one week's parental leave and I ask that we attempt to move on at least that minimum in the period of office of this Government.
I thank Deputy Woods for his support during this debate and for his co-operation in getting this Bill through. I also thank Deputy Flaherty for her remarks.
This Bill does not purport to deal with parental leave. It does purport to be an equal treatment Bill because it brings about equal treatment for adopting mothers with natural mothers.
Parental leave will remain on the agenda and its time will come, hopefully in the not too distant future. Deputy Woods said it was not appropriate to deal with parental leave when he brought in maternity leave. However, I believe it will be introduced and the sooner the better. An examination of all aspects of it is continuing and it is being actively considered at EU level also.
I will clarify with the Minister for Social Welfare the position in regard to social welfare. However, that section has to be included because otherwise the contribution position of a person receiving social welfare payments would be called into question. The provision of credits must be secured and that will be done in the same way as it was done in connection with maternity legislation.
I would like to thank the officials of my Department who have worked long and hard on the technical details of the Bill which is a surprisingly long and complex one in the context of its net purpose. It achieves its purpose well and fairly, and strikes the appropriate balance between the needs of adopting mothers and that of employers whose position must also be taken into account.
Question put and agreed to.
The Bill which is considered to be initiated in the Dáil, in accordance with Article 20.2.2º of the Consititution will be sent to the Seanad.