Vol. 409 No. 2
9 Mr. McCartan asked the Minister for Labour if he has considered the introduction of (1) longer maternity leave and (2) paternity leave as urged by many groups in their submissions to the Commission on the Status of Women; and if he will make a statement on the matter.
15 Mr. Stagg asked the Minister for Labour if the Government have any plans to introduce (1) paternity leave for insured husbands-partners of pregnant women and (2) leave for insured parents of adopted children for the weeks following the adoption; and if he will make a statement on the matter.
18 Mr. Kemmy asked the Minister for Labour if the Government have any plans to introduce paternity leave for insured husbands-partners of pregnant women and leave for insured parents of adopted children for the weeks following the adoption; and if he will make a statement on the matter.
I propose to take Questions Nos. 9, 15 and 18 together.
I have no plans at the moment in respect of either longer maternity leave or paternity leave. In my view the legislation we have at the moment is working satisfactorily.
The question of the protection for pregnant workers is currently the subject of consideration at Community level. The EC Commission has, as part of its overall social action programme for the implementation of the Social Charter, made a proposal for a directive concerning the protection at work of pregnant women, and women who have recently given birth or are breastfeeding. This proposal is being considered by the Social Questions working party of the Council and does not include any provision in relation to paternity leave. The main provisions of the draft directive relate to ensuring safe work for pregnant women and the provision of 14 weeks maternity leave. It is expected that a draft directive will be considered by the Social Affairs Council on 25 June.
I am conscious of the problems experienced by working mothers who are adopting a child. I am at present examining this issue and, when I have completed the examination, I will consider the options which are available. Deputies will appreciate, however, that the question of adoptive leave involves many complex issues which require special consideration.
I was going to ask the Minister about the complexities of working mothers who are adopting a child but I note what he has said. In the Minister's view is it likely that the outcome of the discussions going on in Europe will take on board any of the recommendations made by the Council for the Status of Women in respect of maternity leave and would he further accept that there is a question of equality in terms of the paternity leave aspect? During the recent debate on the Finance Bill, the Minister for Finance advanced as his reason for not being able to take on board a particularly critical amendment the constitutional aspiration to protect the family, which is really at the heart of the issue we are talking about.
There is a great deal of discussion on the social action programme which is one of the major aspects of the Social Charter. The main proposals in the draft directive, and four are worth putting on the record of the House are, first, the provision for transfer to alternative duties with pay and employment rights being maintained where a pregnant or breast feeding woman's job may endanger health and safety; second, there is the availability of the alternative to night work for a 14 week period around the time of child birth and for a longer period, if certified necessary. The alternative to night work may constitute a transfer to day work or provision of social security benefit or extension of maternity leave. Again, employment rights are to be maintained. Third, there is the provision of 14 weeks maternity leave on full pay and-or a corresponding allowance, and, lastly, the prohibition of dismissal for reasons connected with pregnancy and maternity. That is in our own legislation under the Protection of Employees Act, 1991, where a woman cannot be dismissed on the basis of anything to do with the fact that she is pregnant or involved in antenatal or postnatal care.
I welcome the fact that the Minister has given consideration to providing leave for adoptive parents and I look forward to reading the report. In the course of his replies to the question and to the supplementary questions, the Minister referred to the Social Charter but is it not a fact that Britian and Ireland have been criticised for the non-implementation of the conditions of the Social Charter? A report from Europe on maternity leave for those in part-time employment arrived in the Library this week. As the existing legislation does not cover those in part-time employment, would the Minister be prepared to consider providing maternity leave for women in part-time employment? At present they do not enjoy the benefits of those engaged in full-time employment.
There is a number of questions. First let me say that I am extremely supportive, both as a Minister and personally, of the changes in this area. There are some aspects of the Social Charter, where I am directly concerned, to do with employment and the long term unemployed but certainly not in this area. It was at the behest of Deputy Shatter who made a good point regarding adoptive leave that I examined the question. Deputy Rabbitte raised what is the major problem, that is, if you try to provide leave for a parent adopting a child you run into all sorts of difficulties so at an appropriate time I would like to talk to my colleagues and the party spokespersons about this. In order to bring forward legislation I would have to have their support, otherwise I would run into all sorts of difficulties on equality and other related aspects. I am examining that report. The areas I have outlined are certainly areas that I am supporting and at the next meeting of the Commission on 26 June I hope we will get to the penultimate draft. The Irish Government have been supporting the proposals of the Social Questions working party over the past few weeks.
I take it from the Minister's reply that he is going to do something about part-time workers.
I will check that, Deputy but I think I already have done so. I am almost certain that in the part-time workers' Bill which we passed in the House a few months ago pro rata entitlements are also covered in relation to maternity leave.
