Dáil Éireann Debate, Wednesday - 5 May 2021
96. Deputy Emer Higgins asked the Minister for Housing, Local Government and Heritage the status of plans to introduce maternity leave for councillors; the meetings that have been held to date to progress this issue; and if he will make a statement on the matter. [22614/21]
Amharc ar fhreagraCouncillors, like members of the Oireachtas, are office holders rather than employees. As such, they are not covered by the statutory framework for employees on issues such as maternity leave, sick leave and annual leave.
As matters stand, it is under the provisions of Section 18 of the Local Government Act 2001, relating to absences from the role, that councillors may be absent for maternity purposes. Under Section 18, a councillor shall be deemed to have automatically resigned from membership of a local authority if he or she is absent from meetings for a continuous period of 6 consecutive months. Where the absence is due to illness or “in good faith for another reason”, then the period of absence may be extended first to 12 months and then to up to 18 months by resolution of the Council.
A councillor who is absent for 6 months will continue to receive the full amount of his or her Representational Payment, currently worth €17,706 per annum. Thereafter this payment is reduced by 50% for absences of 6 to 12 months duration. A councillor who is absent for more than 12 months will not receive any further payments regardless of the reason for the absence.
With effect from January 2017, the Social Welfare Acts were amended so that councillors gained access to the same benefits as self-employed contributors. Accordingly, councillors are now reckonable for the purposes of accessing Class S benefits, including Maternity Benefit.
Following the publication of Ms Sara Moorhead S.C.’s Review of the Role and Remuneration of Local Authority Elected Members, I approved the establishment of a working group of key local government stakeholders, including councillor representative organisations. The working group was tasked with drawing up an Action Plan for examination and implementation of the non-pay related recommendations in the Moorhead Report. Included in its terms of reference is consideration of the issue of maternity and parental leave options. Addressing these non-pay issues, together with the pay reforms proposed, will facilitate the retention of existing councillors, while also maximising the accessibility of local government to future candidates. The working group first convened in February and has met four times to date. It will shortly finalise its Action Plan.
However, as I believe that the issue of maternity leave warrants urgent attention and includes wider matters and supports other than maternity leave, I asked the local government stakeholder working group to establish a subgroup specifically to examine all maternity-related matters for councillors. This group, which is a representative and cross political party group of women councillors, has met twice to date. The considered discussions within the group have helped my officials and I to more fully understand the maternity-related needs of women councillors. This ongoing engagement will inform policy approaches in relation to supports available to councillors taking maternity leave, but also to identify the complex legal issues involved in and possible legislative options necessary to provide for maternity leave for councillors.
I recognise that this issue is a percevied obstacle to the participation of women in local government. I am however determined to address the matter in a progressive manner, including through legislative change, if necessary, to ensure that local authority elected members are fully representative of the constituents they serve but also that the role of the councillor is accessible, manageable and sustainable for all.
