Dáil Éireann debate -
Thursday, 1 Jun 2000

Vol. 520 No. 3

Written Answers. - Parental Leave Act.

Willie Penrose

Question:

22 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if, arising from the commitment in the Programme for Prosperity and Fairness, he will say when it is intended to commence and complete the review of the Parental Leave Act, 1998; if he has yet concluded its consideration of the reasoned opinion from the EU commission that Ireland had not complied fully with the parental leave directives; and if he will make a statement on the matter. [15448/00]

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

The Programme for Prosperity and Fairness provides that my Department will, in 2001, conduct a review of the operation of the Parental Leave Act, 1998, in consultation with the social partners. This commitment is in accordance with section 28 of the Act, which provides for a review of the operation of the Act within not less than two years and not more than three years of its commencement on 3 December 1998. This review, which will be carried out during 2001, will provide an opportunity to assess provisions of the Act in the light of its operation.

The European Commission issued a reasoned opinion on 3 April 2000, to the effect that Ireland, by restricting the right to parental leave to employees with children born or adopted on or after 3 June 1996, had not fully complied with its obligations under clause 2(1) of the framework agreement on parental leave annexed to Directive 96/34/EC (parental leave directive). My Department has examined the reasoned opinion, in consultation with the Attorney General's office, with a view to identifying the measures to be put in place to give effect to it. My Department has met the Irish Congress of Trade Unions and the Irish Business and Employers Confederation, in relation to implementation of the reasoned opinion. Following these consultations, proposals for amending the Parental Leave Act, 1998, to comply with the Reasoned Opinion, are being drawn up in consultation with the office of the Attorney General. The European Commission have been informed of our proposals and its response is awaited. To ensure that the reasoned opinion is responded to as expeditiously as possible, it is my intention to amend the Parental Leave Act, 1998, by way of regulations under the European Communities Act, 1972.