Vol. 464 No. 8
2 Dr. Woods asked the Minister for Equality and Law Reform if he intends to introduce legislation to provide for adoptive leave for both parents on the basis of equality between both parents; if so, when this legislation will be introduced; and if he will make a statement on the matter. [8729/96]
While there are no immediate proposals to introduce legislation to provide adoptive leave for both parents, the question of leave for workers, whether men or women, to facilitate combining work and family responsibilities will be examined in the context of the implementation of the Directive on the Framework Agreement on Parental Leave. Political agreement on this directive was reached at the Social Affairs Council on 29 March 1996. The directive is on the agenda for adoption at the forthcoming Council on 3 and 4 June 1996 and it must be implemented in Irish law within two years of its adoption.
When we were dealing with the Adoptive Leave Bill we put forward a proposal that men and women should be treated equally in that regard. At that time we had the opportunity to introduce equal treatment in adoptive leave, bearing in mind that the European Union would be bringing in parental leave provisions in due course. I still think it is important that we have equal treatment in adoptive leave. Does the Minister not consider that it would be appropriate to amend that Act to give men equal treatment in relation to adoptive leave as it probably will be subject to challenge in due course? Does the Minister consider that the Adoptive Leave Act should be amended?
The legislation for adoptive maternity leave was based on the recommendation of the Second Commission on the Status of Women who recommended that adoptive leave confined to women be introduced. That legislation was prepared during the period of the Fianna Fáil-Progressive Democrats Government, was published during the period of the Fianna Fáil-Labour Government and was passed by both Houses during the term of this Government. It was an equalising measure and was intended as such on the recommendation of the Second Commission on the Status of Women in that it brought adopting mothers into line with natural mothers.
The question of providing leave for adopting fathers would have to be considered in the context of leave for natural fathers and that whole question will be examined, as I have said in my reply, in the context of the implementation of the new directive which will be adopted at the forthcoming EU Council on 3 and 4 June 1996 when the whole subject will be up for review. I will be examining that whole question on that occasion.
When we were discussing the Bill, the Minister relied on the fact that Fianna Fáil was involved in the initial draft of the Bill. The difference was that I was on the opposite side of the House doing some other business and it was my task to look at the Bill from the equal treatment point of view. I believe the Minister should provide equal treatment for men and women in relation to adoptive leave. The view we put forward has been borne out by the parental leave directive where it has been made very clear that leave in the case of adoptive leave is not a medical matter. I made this point at the time. We know what should be done and how it should be done but we have to wait until Europe tells us to go ahead. That is what bothers me about this. The Minister says he does not have immediate proposals. After the June meeting will he look at the situation and come back to us with proposals at an early stage? We will co-operate with him.
The whole question will be considered in the context of the implementation of the new directive to be passed by the Social Affairs Council in June. Deputy Woods would probably agree with me that the question of providing adoptive leave for fathers could not be considered on its own and would have to be considered jointly in the context of parental leave for natural fathers. I do not think one could be dealt with in isolation as that would be inappropriate and would cause major problems.
The question of parental leave must come up for consideration pursuant to the directive and in that context the whole question will be examined in my Department.
I have long been a supporter of parental leave and I am very happy that there is movement on it in the EU.
