Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

I thank the members of the committee for facilitating this hearing. I also want to say a special word of thanks to Sinéad Ní Bhroin for all the work she has put into this legislation. Gender-based abuse and violence is not just a justice issue or a health issue; it is a housing issue, a children’s issue, a worker’s issue and a worker’s rights issue. When a person is subjected to domestic violence, abuse or coercive control he or she is robbed of his or her dignity, confidence and sense of safety. This trauma seeps into every aspect of their lives, and that includes the victims’ working lives. Those who suffer domestic abuse are our colleagues and often our friends. Some carry the physical and emotional impact of the violence with them into the workplace. They do so because they fear losing out on badly needed pay or do not want to run the risk of disruption to their careers. Many cannot face going to work, some because of physical injuries - the all-too-visible bruises, black eyes and cuts - and others because of the deep mental scarring. As a result, they lose income and fear that questions will be raised about their reliability. Others are painfully aware of and understandably sensitive to the stigma that comes with being abused and victimised, especially when it happens at home, in the place they should feel the safest. The importance of this legislation was summed up for me in a comment a woman made to me in a social media message. I will not give her name but she told me:

I hope this gets done. When I went to the refuge I used holidays and tried to make up the time but I could not make up all the time. It was so much pressure.

Employers also lose out from the absence of employment protections for victims of domestic abuse. Absenteeism, lost productivity, administrative costs, and job churn have a real impact on organisations. There is an accepted lack of workplace awareness of domestic violence. Marrying enactment of this legislation with a national workplace awareness of a domestic violence campaign can and will make a tangible difference for victims and their employers. The perpetrator of the violence should not be allowed to take any more from the victim, nor should it be that a victim’s only option is to take annual or unpaid leave. The last thing a victim of domestic violence needs is the stress of a phone call from his or her boss, a light pay cheque or even the prospect of losing his or her job. They also need privacy and confidentiality. Being pressured or coerced back into the workplace before they are ready only adds to the distress.

The Organisation of Working Time (Domestic Violence Leave) Bill 2020 seeks to offer victims of domestic violence up to ten days' paid leave annually. It is a comprehensive and thorough Bill, prepared in consultation with the domestic violence sector and providing protections for employers in line with those contained in the paternity leave legislation and it was drafted by the Office of Parliamentary Legal Affairs. If we are to end the epidemic of domestic abuse in this State, we need a whole-of-society response that both supports and protects victims. This legislation is an important strand of this. The legislation provides that workers do not have to prove their abuse or give an employer documentary evidence for the leave needed as to do so will act as a barrier to victims seeking the support they need. This is an important provision.

There is also an economic cost to domestic violence and the sums involved are eye-watering. Research published by Safe Ireland and National University of Ireland, Galway, NUIG, last year estimated that the national cost is €56 billion over a 20-year period. That is close to the entire tax take of the State in 2018. The research also highlights the complex relationship between poverty, social exclusion and domestic violence. Employment should be an avenue out of abuse. New Zealand, Australia and provinces in Canada have already introduced forms of paid leave. The Irish Congress of Trade Unions, ICTU, and others have called on the Government to ratify the International Labour Organization, ILO, Convention No. 190 on violence and harassment in the world of work. Article 18 of the accompanying recommendation identifies the provision of paid leave for the victims of domestic violence, flexible work arrangements and awareness-raising about the effects of domestic violence as appropriate measures to mitigate the impacts of it in the workplace. The Minister of State at the Department of Enterprise, Trade and Employment confirmed last month that the Government is committed to working towards being among the first ILO member states to ratify Convention No. 190. This will require employment protections as set out in this Bill.

I wish to acknowledge the existing cross-party support for the provision of a statutory entitlement to domestic violence paid leave. The Minister for Children, Equality, Disability, Integration and Youth stated last month that the introduction of this leave is a personal priority for him. In 2018 Fianna Fáil committed to introduce a statutory entitlement to ten days' domestic violence paid leave. The Labour party, the Social Democrats, Solidarity - People Before Profit and Independents all expressed their support for the legislation during the Second Stage debate, which was a positive example of the Dáil working together in common cause.

It is important for the committee to note that in both the public and private sector, some organisations and companies have already introduced this leave or are considering the introduction of this leave. Last year NUIG launched its policy and this has also been in place in Vodafone and Danske Bank. The need for paid leave from work for a range of reasons, including caring and parenting, is well established, and this piece of leave needs to be added to that. This legislation is an important addition to existing workplace rights. It is a workers' rights issue. It is an issue that affects people at work and it is almost impossible to deal with this issue in the absence of this legislation.