Dáil Éireann Debate, Thursday - 30 March 2023
13. Deputy Niamh Smyth asked the Minister for Children, Equality, Disability, Integration and Youth when he expects paid domestic violence leave to come into effect; and if he will make a statement on the matter. [15654/23]
Amharc ar fhreagra20. Deputy Bríd Smith asked the Minister for Children, Equality, Disability, Integration and Youth if he is aware that advocates for domestic violence sufferers are very critical of his failure to offer full pay to victims while out on leave; and if he will make a statement on the matter. [15767/23]
Amharc ar fhreagraI propose to take Questions Nos. 13 and 20 together.
The Work Life Balance and Miscellaneous Provisions Bill 2022 includes provisions which will introduce 5 days paid domestic violence leave in a 12 month period. The Bill has passed all stages in Dáil Éireann and in the Seanad and will be signed into law by the President. Once enacted, Ireland will become one of the first countries in Europe to introduce a right to paid leave for victims of domestic violence.
The Work Life Balance and Miscellaneous Provisions Bill 2022 is an important piece of legislation which introduces a range of new entitlements for employees and transposes the remaining elements of the EU Work Life Balance Directive. The Bill introduces 5 days leave for medical care purposes; it expands the entitlement to breastfeeding breaks to two years after the birth of the child; and introduces a right to request remote working for all employees, and flexible working for parents and carers. The introduction of domestic violence leave is a further important component of this legislation.
In developing the legislative proposals for domestic violence leave, my officials conducted a consultation process with a range of stakeholders which included victims' service providers and victims' representative groups; representatives of the business community and ICTU. An examination was also undertaken of international best practice in the introduction of domestic violence leave.
Arising from this work, the Domestic Violence Leave Report was prepared for Government which made recommendations as to how to address the needs of victims most effectively. The recommendations included the introduction of a form of domestic violence leave, to be paid by the employer, and for the development of supports to enable employers to develop their own domestic violence policies.
Domestic violence leave is intended to prevent a victim of domestic violence from losing employment – putting them at risk of falling into poverty - and will allow a victim to find alternative accommodation. It is also intended to enable them to seek help from An Garda Síochána or the Courts Service or to obtain help from support organisations. The leave can be taken immediately and flexibly, with no requirement for proof to be produced by the person availing of the leave. The leave can be taken by a person who has experienced in the past, or who is experiencing domestic violence.
The level of pay for the leave will be set out by regulation and these regulations will be prepared in the coming months to allow for commencement of the domestic violence leave provisions. In preparing these regulations, I will consult with domestic violence leave victims support organisations, employers, social partners and other relevant experts. I am acutely aware of the need to support employees in taking up this leave and this will be a fundamental consideration in developing the regulations.
In order to support employers in developing domestic violence workplace policies to complement the leave and which will better support employees experiencing domestic violence, my Department has conducted a request for tenders to commission the preparation of templates and supports for employers to develop domestic violence policies, and a provider will be in place shortly. This was a key recommendation of the Domestic Violence Leave report.
The introduction of domestic violence leave is an important achievement which I believe it will make a real and meaningful difference for victims of domestic violence. This leave was a commitment in the Programme for Government and I hope it will lead to greater openness and awareness of domestic violence in all it’s forms, and will provide the support victims need to stay in employment and to ensure their own safety and the safety of their loved ones.
