Vol. 531 No. 3
45 Mr. Creed asked the Minister for Social, Community and Family Affairs if, in view of the fact that thousands of parents are unable to avail of the extended maternity leave, paid and unpaid, due to the failure of the Government to introduce the necessary orders under the Maternity Protection Act, 1994, on budget day, he will consider making a once off financial payment to all those mothers so affected, equivalent to an additional four weeks maternity benefit. [5208/01]
Arising from commitments in the Government's An Action Programme for the Millennium and the Programme for Prosperity and Fairness, a working group, comprising representatives of the social partners and relevant Departments, was established to review and improve the maternity protection legislation. This working group completed its deliberations last November.
In line with the recommendations of the group, the Minister for Finance in his Budget Statement last December announced a four week extension in both paid and unpaid maternity leave. The Government also provided for a similar four week increase in the duration of both paid and unpaid adoptive leave.
Maternity and adoptive benefit are only payable to persons on leave under the relevant legislation. To introduce the extended leave it was necessary for the Minister of Justice, Equality and Law Reform to introduce regulations to amend the Maternity Protection Act, 1994, and the Adoptive Leave Act, 1995. These regulations, which required a positive motion of approval to be passed by both Houses of the Oireachtas, were introduced immediately after the Christmas recess. They were passed by both Houses of the Oireachtas on 8 February 2001 and immediately brought into force. As both Acts require the woman to give her employer at least four weeks notice of her intention to take leave, the extended duration of maternity and adoptive leave can only apply to women who can give their employers the required four weeks notice following the commencement of the necessary regulations. Consequently, the new arrangements apply to anyone who goes on maternity or adoptive leave on or after 8 March 2001. The necessary legislation to increase the duration of payment of maternity and adoptive benefit in line with the extended maternity and adoptive leave is provided for in the Social Welfare Bill, which is being debated by the Dáil. This Bill will enable the extended payment duration to apply to women commencing their maternity or adoptive leave on or after 8 March 2001. In the circumstances, there are no plans to make a once-off payment on the lines suggested by the Deputy.
Question No. 46 answered with Question No. 38.
