Dáil Éireann debate -
Tuesday, 4 Dec 2001

Vol. 545 No. 4

Written Answers. - Parental Leave Review.

Deirdre Clune

Question:

357 Ms Clune asked the Minister for Justice, Equality and Law Reform if he has completed his review of the Parental Leave Act, 1998, as committed under the Programme for Prosperity and Fairness; and if he will make a statement on the matter. [30705/01]

Deirdre Clune

Question:

358 Ms Clune asked the Minister for Justice, Equality and Law Reform if he will provide statistics in relation to the uptake of parental leave since the introduction of the Parental Leave Act, 1998; if he has satisfied himself that Ireland fully complies with the Parental Leave Directive; and if he will make a statement on the matter. [30706/01]

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

I propose to take Questions Nos. 357 and 358 together.

The Programme for Prosperity and Fairness provides for a review this year by my Department 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.

I announced the commencement of the review of the Parental Leave Act, 1998, on 28 February last. My Department subsequently established a working group comprising the social partners, relevant Departments and the Equality Authority to assess and review the provisions of the Act in the light of its operation. The working group held 12 meetings and concluded the review last Thursday, 29 November. The working group report of the review is being finalised. The recommendations of the group will be submitted to Government for consideration in due course and I expect that their report will be published early in the new year.

There are no statistics available centrally in relation to the uptake of parental leave. Individual employers are, however, required under section 27 of the Parental Leave Act, 1998, to keep records of parental leave taken by their employees. As part of the review of the Act, research was commissioned to ascertain the uptake levels of parental and force majeure leave. The researchers estimated that 6.74% of the labour force is eligible to avail of parental leave and to date, 20% of eligible employees are estimated to have taken parental leave. It was found that of those who availed of their entitlement, 84% were women.

The Parental Leave Act, 1998, provides an individual and non-transferrable entitlement to both parents to 14 weeks unpaid leave from work to take care of young children. The leave must be taken before the child reaches five years of age, except in certain circumstances in the case of an adopted child. The entitlement originally applied to parents of children born or adopted on or after 3 June 1996. The Act was amended by the European Communities (Parental Leave) Regulations, 2000 (S.I. No. 231 of 2000), with effect from 19 July 2000. The effect of the amendment is to extend the parental leave entitlement of 14 weeks unpaid parental leave to parents of children born between 3 December 1993 and 2 June 1996 or children born on or after 3 December 1993, in whose case an adoption order was made between 3 December 1993 and 2 June 1996; this leave must be taken not later than 31 December 2001. I am satisfied that, as amended, the Parental Leave Act, 1998, fully complies with the parental leave directive.