Ceisteanna—Questions. Oral Answers. - Maternity (Protection of Employees) Act, 1981.
asked the Minister for Labour if he intends to introduce any amendments to the Maternity (Protection of Employees) Act; in particular if he will consider the possibility of paid paternity leave; and if he will make a statement on the matter.
Comment on this
During the course of the review of the Maternity (Protection of Employees) Act, 1981, recently undertaken in my Department, it emerged that the major issues of difficulty have arisen through the numerous notification requirements in the Act and, in particular, the degree to which failure by employees to adhere strictly to the notification procedures can lead to disqualification from entitlements.
I am concerned that these difficulties may operate as a constraint on the effectiveness of the Act, and I propose to clarify the situation by way of an appropriate affirmative order as soon as possible. I have no plans to introduce paid paternity leave at this stage.
Comment on this
Would the Minister indicate the nature of the order he proposes to make and what way the notifications will be altered? Would he also indicate whether consideration has been given to the introduction of paternity leave which in many cases is essential for the well being of the mother who has just had a baby or is expecting a baby?
Comment on this
Section 4 (1) of the Act says that in relation to any provision of that Act relating to notification or confirmation of notification, the Minister of the day is empowered by order to vary such a provision. We wrote both to the FUE and the ICTU on 21 April 1986 asking for their views on the proposal setting out the manner in which it would be proposed to change this and to simplify it. We are awaiting their response because, to make this operate efficiently and effectively, the co-operation of the social partners is desirable. As soon as I have an agreed formula it will be my intention to bring forward the affirmative order in this House.
Comment on this
Has paternity leave been considered?
Comment on this
We have considered it but we have no proposal at this stage to introduce such a scheme.
Comment on this
As regards paid paternity leave, what progress has been made at EC level to have that recommendation changed to a directive? In the event of such a thing happening, hopefully in the future, what will be the Minister's position at the meeting of the Council of Ministers which will bring that about?
Comment on this
Next Friday when we are discussing the Estimates I will be in a position to give a more comprehensive review as regards the various draft recommendations and directives due to come before the Council on 5 June. It is not possible at this stage to say what the outcome of such a directive will be because the position is still fluid. The directive is still being revised and redrafted to accommodate the positions of various member states. As regards our own position, until we see the final draft of that document, I am not in a position to indicate what the Government position would be.