Dáil Éireann debate -
Tuesday, 9 Feb 1999

Vol. 500 No. 1

Written Answers - Parental Leave.

Paul McGrath

Question:

273 Mr. McGrath asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to newspaper reports that an official in the EU Commission has informed ICTU that the Parental Leave Act, 1998, has been incorrectly implemented and does not properly implement the Parental Leave Directive 96/34/EC; if his attention has been further drawn to the fact that children born prior to 3 June 1996 are excluded from the benefits of this Act; if he will amend this Act to bring it into line with the situation in other EU states; and if he will make a statement on the matter. [3239/99]

Seán Ryan

Question:

291 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the changes, if any, proposed in the Parental Leave Act, 1998, to allow parents of children born before 3 June 1996 to take parental leave in view of the finding by the EU Commission that the Government acted in breach of the EU Directive on parental leave. [3593/99]

Seán Ryan

Question:

292 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the proposals, if any, the Government has to amend its interpretation of the EU Directive on parental leave in view of the finding by the EU Commission that the Government acted in breach of the directive. [3594/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 273, 291 and 292 together.

There has been no finding by the European Commission that Ireland is in breach of the terms of the EU Directive on Parental Leave. I understand that following the Parental Leave Act coming into operationn on 3 December 1998, the Irish Congress of Trade Unions (ICTU) formally lodged a complaint with the European Commission to the effect that Ireland had not correctly transposed the EU Directive on Parental Leave (96/34/EC).

It came to my attention recently that the equal opportunities unit of DG V of the EU Commission replied to ICTU indicating that it believed that Ireland had incorrectly implemented the directive by restricting the right to parental leave to children born or adopted on or after 3 June 1996. I understand that this is a preliminary view which it is the practice of the Commission to give on receipt of a complaint in advance of detailed investigation.

The complaint is currently at the stage of investigation formally by the Commission. It is simply too early to say whether there is a case to be answered. Any question of whether the Act should be amended, therefore, does not arise at this stage.

I should add that my Department has, as yet, received no communication from the European Commission regarding this matter.

Paul McGrath

Question:

274 Mr. McGrath asked the Minister for Justice, Equality and Law Reform if he will amend the Parental Leave Act, 1998, to enable parents of children with special needs born prior to 3 June 1996, and who are being cared for full-time in the home, to take leave from work to look after them. [3240/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

As the Parental Leave Act, 1998 has been in operation only since 3 December 1998, that is for a little more than two months, there are no plans at this time to amend the legislation to provide for parents of children with special needs on a different basis than parents of other children, nor is it currently intended to amend the legislation for any other reason.

There is a requirement under section 28 of the Parental Leave Act, for a review of its operation not earlier than two years and not later than three years after its commencement. Such a review will take place after consultation with representatives of employers and employees. That review would be an appropriate occasion to consider whether amending the legislation for any reason is called for.