Vol. 437 No. 2
6 Mr. Shatter asked the Minister for Equality and Law Reform when he will change maternity legislation in this country in order to comply with the provisions of the EC Maternity Directive; the changes that will be necessary in our legislation; the timetable for the implementation of such changes; and if he will make a statement on the matter.
26 Ms F. Fitzgerald asked the Minister for Equality and Law Reform when he will change maternity legislation in this country in order to comply with the provisions of the EC Maternity Directive; the changes that will be necessary in our legislation; the timetable for the implementation of such changes; and if he will make a statement on the matter.
154 Ms F. Fitzgerald asked the Minister for Equality and Law Reform the steps, if any, he has taken to implement the EC Directive on the Protection of Pregnant Workers (Council Directive 92/85/EC); the timescale for the complete implementation of the directive; and the approximate cost.
I propose to take Questions Nos. 6, 26 and 154 together.
The EC Directive on the protection of pregnant and breastfeeding workers must be implemented by 19 October 1994 and the necessary legislation to comply with this Directive will, I hope, be introduced in sufficient time to have it enacted by that deadline. While my colleagues, the Minister for Enterprise and Employment and the Minister for Social Welfare, are examining the implications of the Directive for their areas of responsibility, namely safety and health of workers and social security rights, I will bring forward legislation dealing with employment rights. In this regard I will be seeking to strengthen protection of employment rights of pregnant workers and introduce similar protection for working mothers who are breastfeeding.
I propose to introduce the necessary changes to the Maternity Protection of Employees Act, 1981, by means of an amending Bill. The quantification of associated costs of implementing this Directive are currently the subject of interdepartmental discussion.
Will the Minister give an assurance to the House that the date by which this legislation must be implemented, 19 October 1994, will be complied with, having regard to the poor record of Governments in this State complying with directives which seek to extend rights to women? Will the Minister accept, in the interest of equality, that the time has long since passed when it should be recognised that in the context of a child being born there are two parents, father and mother? Has the Minister any intention of expressly providing for a protected period of paternity leave when children are born, not just so that the father can be at home with the children but is available to assist the mother at a time when she requires assistance?
I hope to have the necessary legislation prepared in sufficient time to comply with the directive and enable it to be in force in law by the date fixed by the EU Directive, namely, 19 October 1994. There is ongoing work on the preparation of the aspects of the legislation in so far as they refer to my Department. Only parts of that directive are referable to my Department others are referable to the Minister for Enterprise and Employment and the Minister for Social Welfare, respectively. Questions regarding those aspects of the directive should be addressed to those Ministers. The matter of paternity leave is under examination in my Department and is a separate subject not related to this EU directive.
