Dáil Éireann Debate, Thursday - 3 March 2022
134. Deputy Jennifer Carroll MacNeill asked the Minister for Housing, Local Government and Heritage the status of his plans in relation to maternity leave for councillors; and if he will make a statement on the matter. [12053/22]
View answer198. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the status of the work to ensure that councillors can access maternity leave; and if he will make a statement on the matter. [11832/22]
View answerI propose to take Questions Nos. 134 and 198 together.
Councillors, like members of the Oireachtas, are office holders rather than employees. As such, they are not covered by the statutory framework for employees in relation to maternity leave.
I recognise that this is an obstacle to the participation of women in local government, which I am determined to address urgently and comprehensively. The role of the councillor must be one that is accessible, manageable and sustainable for all, thus helping to ensure that councillors are more fully representative of the constituents they serve.
As matters currently stand, it is only under the provisions of Section 18 of the Local Government Act 2001 that councillors may be absent from the role for maternity purposes. Under Section 18, a councillor shall be deemed to have automatically resigned from membership of a local authority if he or she is absent from meetings for a continuous period of 6 consecutive months. Where the absence is due to illness or “in good faith for another reason”, then the period of absence may be extended first to 12 months and then to up to 18 months by resolution of the Council.
It should be acknowledged that a councillor who is absent for 6 months for maternity related reasons will continue to receive the full amount of her Representational Payment. Thereafter this payment is reduced by 50% for absences of 6 to 12 months duration. A councillor who is absent for more than 12 months will not receive any further payments regardless of the reason for the absence.
With effect from January 2017, the Social Welfare Acts were amended so that councillors gained access to the same benefits as self-employed contributors. Accordingly, councillors are now reckonable for the purposes of accessing Class S benefits, including Maternity Benefit.
On 29 March 2021, I hosted the first meeting of a working group of women councillors established to examine all maternity-related matters, including wider supports other than maternity leave. This group, which is a representative and cross political party group of women councillors, met a number of times in 2021. Their extensive deliberations have given my officials and I greater understanding of the needs of women councillors and have been important in the development of a policy approach.
My Department has since engaged extensively with the Office of the Attorney General on legal questions arising. My officials are also engaging very constructively with the Department of Children, Equality, Disability, Integration and Youth with a view to bringing councillors under the maternity protection legislative framework.
Following this work, it is my intention to bring forward a package of maternity-related supports and measures for councillors, including progressive proposals for legislative change, which is currently being finalised by my Department.
