Amendments Nos. 6 and 9 are related and will be discussed together. Is that agreed? Agreed.
SECTION 18.
I move amendment No. 6:
In page 12, subsection (4), line 34, to delete "three weeks" and substitute "21 days".
When the text of subsection (4) was originally drafted it was intended to complement provisions under the social welfare regulations which involve payment of a benefit to employees from the fourth week of health and safety leave. A difficulty exists in the use of "week" as a measure of time for this purpose.
Confusion arises in seeking to achieve continuity between concepts such as benefit week, working week or broken week where leave might be taken for a number of days broken by a number of days back at work and subsequently resumed. In the circumstances it has been found necessary to resort to measuring time by days. In addition it is proposed to ensure that the use of days will enable reconciliation of the period of liability for employers equivalent to three weeks and the waiting period for payment of social welfare benefit. This will be achieved by means of regulations under this section. It will, for example, allow the setting aside of Sundays or Saturdays if appropriate.
Amendment agreed to.
Amendments Nos. 7 and 8 are related and may be discussed together. Is that agreed? Agreed.
I move amendment No. 7:
In page 12, subsection (4), line 35, to delete "period of twelve months" and substitute "relevant period".
In setting a liability for the employer to pay for the first three weeks of health and safety leave I intended that an employer's liability should be limited to three weeks in respect of any one pregnancy, birth and breast-feeding. The use of the 12 month period in the original text almost achieved this, but it would be possible that a case might arise in which health and safety leave during pregnancy and subsequent health and safety leave during breast-feeding could extend beyond the 12 month period. Accordingly, the use of the "relevant period" in substitution of "period of twelve months" has been devised. Taken together with the new subsection (6) proposed, this will ensure that the employer's liability will be limited to three weeks in respect of the one pregnancy, subsequent birth and subsequent breast-feeding.
The Minister is aware, I presume, of the grave concern that has been expressed by the Irish Congress of Trade Unions about the question of employers' responsibility for the first three weeks. It is a matter which must be addressed because we are talking about women workers who are pregnant and who, for those two reasons, are likely to be vulnerable. The Minister did not deal with this matter in his speech on Second Stage. In my speech I asked the Minister to ensure that these women are protected. The ICTU recommends that the State should be responsible for payment for those three weeks. How does the Minister intend to protect women workers from unscrupulous employers who simply do not want to take up their responsibilities with regard to health and safety protection?
Deputy McManus raised that matter on Second Stage and I replied to it when I concluded that debate. Unfortunately, Deputy McManus was not in the House to hear my reply on that point and on various other points I made about her contribution.
The period of three weeks was a matter of some consideration but it was deemed appropriate that the employer should make an initial contribution. After all, the necessity for the health and safety leave arises because of the position in the employer's premises and place of work. It must be borne in mind that the Exchequer, which is the taxpayer, may well be carrying the payments of the health and safety leave for a period of many, many months. It is considered appropriate that the employer should make a contribution and that the minimal period of three weeks was appropriate. It was considered reasonable in all the circumstances.
Obviously, the Departments and agencies concerned will examine each application to ensure that fraud does not occur. Taking all factors into account, it is not considered reasonable that the taxpayer should carry the entire burden. Alternative periods of up to six weeks longer were suggested to my Department when the matter was under consideration, but ultimately the three week period was considered a fair compromise.
Amendment agreed to.
I move amendment No. 8:
In page 13, lines 2 to 4, to delete subsection (6) and substitute the following:
"(6) In subsection (4) "relevant period", in relation to an employee, means the period beginning with her pregnancy and continuing beyond any confinement resulting from that pregnancy until she ceases to be an employee who has recently given birth or, as the case may be, an employee who is breastfeeding.".
Amendment agreed to.
I move amendment No. 9:
In page 13, between lines 4 and 5, to insert the following subsection:
"(7) Regulations under subsection (4) may provide that such day or days as may be determined under the regulations shall be left out of account in calculating the 21 days referred to in that subsection.".
Amendment agreed to.
Section 18, as amended, agreed to.
Sections 19 to 21, inclusive, agreed to.