Dáil Éireann díospóireacht -
Thursday, 7 Nov 1996

Vol. 471 No. 3

Ceisteanna — Questions. Priority Questions. - Parental Leave.

Michael Woods

Ceist:

1 Dr. Woods asked the Minister for Equality and Law Reform in relation to the EU Parental Leave Directive adopted in March 1996, which requires the Government to make provision for a minimum of three months parental leave on the birth or adoption of a child, the factors which are causing the Government to delay the implementation of this important measure designed to help both men and women to reconcile work and family life; and if he will make a statement on the matter. [20701/96]

Minister for Equality and Law Reform (Mr. Taylor)

The EU Directive on the Framework Agreement on Parental Leave was formally adopted, with my support, at the Social Affairs Council I attended in Luxembourg on 3 June 1996.

Implementation of a provision for parental leave for mothers and fathers is a logical development for my Department at this stage, representing as it does the next in a series of statutory measures I have sponsored aimed at supporting the reconciliation of family life and work commitments. The Maternity Protection Act, 1994 and the Adoptive Leave Act, 1995 which I introduced were important legislative steps in this regard.

A significant aspect of this directive has been the fact that it is based on a framework agreement devised and agreed by employer and worker interests at EU level. Both IBEC and ICTU, representing Irish employers and workers. participated fully in the development of the framework agreement. I am sure this involvement will greatly facilitate the preparation and progress of Irish legislation to give effect to this directive.

I expect the legislation will be enacted within the timeframe provided in the framework agreement appended to the directive. This timeframe allows two years from 3 June 1996 for implementation of parental leave and an additional one year is provided, if necessary, to take account of particular difficulties or implementation by collective agreement.

I have no intention to delay implementation of this commitment in the timeframe allowed and contacts for consultation with the social partners on the legislation have already been established.

Dr. Woods

How many consultations on this proposal have been held to date? Is it being discussed by the social partners in the context of the new programme for economic and social development under consideration at present? Why can the proposal not be implemented on a phased basis? Over the years we have seen time and again the various parties involved in such proposals discuss them at length and such proposals end up not being implemented until near the end of the time limit set for their implementation by the European Union. In the case of the directive on equality payments in 1984, the required proposal was not introduced during the time limit set and that led to large costs being borne. This proposal providing for a minimum of three months' parental leave involves a relatively simple change. It could be introduced on a phased basis by granting one month's parental leave in year one, two months in the following year and three months the year after. Why can the proposal not be implemented on a phased basis rather than waiting until it can be fully implemented?

Mr. Taylor

Some consultation has taken place with the social partners. This matter affects them and consultations with them regarding the details are necessary. A number of factors must be discussed and resolved with them.

The directive provides a framework arrangement. It is left to the discretion of member states to deal with a number of aspects of the implementation of the agreement. The position on pay and whether a social welfare provision will apply and, if so, to what extent, is left open. There is no question of any delay on this matter. It is envisaged by the European Union that up to a two year period is required for its implementation. The arrangements were only finalised in June this year and work is ongoing in that regard.

Deputy Woods's suggestion of a phased introduction of parental leave is interesting and we can consider it. It may be a possibility. We must also consider questions as to whether the leave might be sanctioned in several tranches, whether the three months period would have to be taken in the one tranche or could be split and taken at different times during the period of applicability, up to the age of eight. There is also the question of whether it might be taken on a part-time basis. A number of aspects of the matter require ongoing consideration and that is being addressed in my Department.

Dr. Woods

This is a good and necessary measure. In many instances both parents work. They must make arrangements for child care and would very much welcome the provisions in the proposal. It follows from the Maastricht Treaty.

Mr. Taylor

It is the first item to be brought before the Union under the Maastricht Treaty.

Dr. Woods

As the Minister said, it is very desirable. Its purpose is to reconcile work and family life. We all support it and would welcome its early introduction because of the problems in this area. I ask the Minister to do what he can to facilitate the early implementation of at least part of the proposal, which would require its implementation on a phased basis. I cannot understand why there should be a three year delay in its implementation. A two year delay seems quite extreme. I envisage that in six or twelve months the Minister will have to have consultations. I accept that some people will be opposed to the granting of this type of facility to workers, but both sides of the House are committed to reconciling work and family life. In that context I appeal to the Minister to proceed with the implementation of this important proposal.

Mr. Taylor

I agree with Deputy Woods this is a good and desirable measure and one I have been supportive of during my time as Minister for Equality and Law Reform. It is interesting to note that the issue was discussed at Social Affairs Council meetings as far back as 1983 and it was only in June 1996, as a result of the efforts of a number of countries including Ireland, that we succeeded in progressing it to the extent to which it has been implemented.

The agreement provides that the provision can be implemented in two ways, by way of legislation or collective agreement. That issue must be discussed with the social partners. I agree that in Ireland's case the probability is that the provision would need to be implemented by way of legislation rather than collective agreement. Nevertheless, that is an option under the framework agreement which must be discussed and considered by my Department, the social partners and me.