Vol. 466 No. 6
4 Dr. Woods asked the Minister for Equality and Law Reform the plans, if any, he has to implement the EU Directive on parental leave for mothers and fathers; the length of leave that will be provided; when the Directive will come into operation; and if he will make a statement on this important EU development. [11923/96]
The EU Directive on the Framework Agreement on Parental Leave was formally adopted at the Social Affairs Council which I the Minister for Equality and Law Reform attended in Luxembourg on 3 June.
He has followed the progress of this dossier closely since becoming Minister for Equality and Law Reform. As far back as 1993 he supported this proposal at the Social Affairs Council but the necessary unanimity required for its adoption was not achieved. He is very pleased, therefore, to welcome adoption of this directive now notwithstanding the fact that it will not apply in the United Kingdom in view of the UK opt-out of the Social Agreement of the Maastricht Treaty which provides the legal base for this measure.
Implementation of a provision for parental leave for mothers and fathers is a logical development for the Department at this stage representing as it does the next in a series of family and parental statutory measures aimed at supporting the reconciliation of family life and work commitments. The Maternity Protection Act, 1994 and the Adoptive Leave Act, 1995, which he introduced, were important steps in this regard.
A significant aspect of this directive is that its provision for parental leave has been devised and agreed by employer and worker interests at EU level. He is aware that both IBEC and ICTU, representing Irish employers and workers, participated constructively in the European social partner agreement. He is sure that such involvement will greatly enhance the preparation and progress of Irish legislation to give effect to this directive.
Although the EU timetable for implementation of the directive only commenced on 3 June last, the Department has already had preliminary consultations with IBEC and contacts with ICTU are also under way. Although further consultations are envisaged I expect that the legislation to be brought forward to implement this directive will seek to provide for parental leave from work of three months duration for each parent.
I thank the Minister for his reply and I welcome the formal adoption of the measure on 3 June. I am certain many people in Britain will be disappointed that this measure will not apply in their circumstances. When does the Minister expect the measure to come into operation? Will it be introduced at the earliest possible date? The Minister said that consultations have already begun with IBEC and ICTU. This is one of the important measures which will help to create a family-friendly workplace and I know the Minister is keen to see it adopted. Will he tell the House when it is expected the measure will come into operation and will it apply to part-time workers?
As the Deputy is possibly aware, the directive provides for a two-year timeframe within which member states could introduce the necessary domestic legislation to give effect to the directive. There is also an additional third year attached to that timeframe.
The Minister for Equality and Law Reform is anxious to proceed as quickly as possible but the speed will be determined by the way in which the consultations between the social partners at national level proceed and how quickly they can reach agreement on its implementation. I am not sure what the attitude is in regard to part-time workers but I presume, in so far as they are entitled to other social statutory protection measures, it is the intention that such part-time workers, who already enjoy such social protection in the work place, will be able to avail of this protection measure also. However, I do not have the exact information to that question.
In relation to the start-up time, is it reasonable to suggest it might be included in the budget of next year, for instance, from the beginning of April or the beginning of June? Will the Minister agree it applies to a minimum of three months' parental leave and not, as stated somewhere, up to three months? I worry when I hear the Minister refer to a two years' time limit with a possible third year for exceptional circumstances. I wish to impress on the Minister the importance of this to families. Given the increased numbers of two parents working outside the home, there is a need for this leave, not only for children but also for parents and other special circumstances, to which we will come later. In respect of children this is an important measure. I congratulate the Minister on its adoption on 3 June and ask that there be no further delay.
My colleague, the Minister for Equality and Law Reform, Deputy Taylor, is positively committed to the earliest possible implementation of this legislation on our Statute Book. In the first instance, it is a matter for positive and constructive negotiations and consultations with the social partners. Among other things the framework agreement provides for an entitlement for each individual parent to a minimum of three months. Parental leave will be granted on the grounds of the birth or adoption of a child, in the case of adoption to be taken before the child reaches a given age of up to eight years. The right to parental leave would be non-transferrable between parents. All matters relating to social security should be matters for the member states to determine. An employee would be entitled to return to employment after parental leave and would be protected from dismissal on the grounds of application for, or the taking of, such leave. The agreement also provides for an entitlement to time off work on the grounds of force majeure for urgent family reasons. Such leave may be limited to a certain amount of time per year and/or is the case. The Deputy will agree that the breadth and extent of that directive, when it becomes domestic law, will considerably move forward our statute law here in regard to reconciling the obligations and responsibilities of family life with those of the workplace.
Did the Minister say that the age limit is up to eight years?
Yes.
As far as I know that is new information. We wanted to know what age limit the Government had in mind. This is legislation we sought for years. It is enlightened and I urge the social partners, in co-operation with the Government, to proceed with it as early as possible.
