Seán Sherlock (Cork East, Labour) | Oireachtas source

With this legislation, one tries try to put oneself into the position of people who find themselves being the victims of domestic violence, but one cannot possibly internalise that experience. From a practical point of view, what steps could someone who wants to take action take and will the five days within a 12-month period be sufficient to do so? For instance, if someone is seeking medical attention, that person may make multiple visits to a GP or consultant in that 12-month period. It is easy to anticipate that seeking the services of a victim support organisation would occur over quite a number of days. Psychological or professional counselling would occur over quite a number of days. Very often, such visits are made within working hours. What about relocation, either temporarily or permanently? When we start adding up all of the days that the Minister codifies in the legislation in terms of when a person can take leave for certain circumstances - for example, visiting a legal practitioner, seeking legal advice or even seeking the assistance of An Garda Síochána - I would contend that five days within a consecutive 12-month period is not enough.

I ask the Minister to please, if at all possible, revisit this on Report Stage to see if there is some scope there to allow for a greater degree of flexibility. As public representatives and Deputies who deal with these issues and who advocate on behalf of our constituents who find themselves in these circumstances to get access to the services, we know how long it takes. Deputy Cairns has just outlined this from a rural point of view in particular. I represent a broadly similar type of constituency in that regard. I am hopeful that the Minister might revisit this, if at all possible. In my experience, employers have been understanding and they allow for a greater degree of flexibility.

My second point on that proposed new section pertains to domestic violence leave where there is a prescribed daily rate of pay. The Minister will make regulations under subsection 6 and will assess “the potential impact, including the potential for any disproportionate or other adverse impact, that the rate of domestic violence leave pay to be prescribed will have on the economy generally, specific sectors of the economy, employers or employees". To enable us to support this amendment, I am trying to get a sense from the Minister of what exactly this will mean in pounds, shillings and pence. Where is the thinking in the Department on that element of this Government amendment? Who the Minister is talking to about this? What is deemed to be a standard rate of pay? Is there thinking around that? I am not aware of what the standard would be. Who will the Minister liaise with on that? Will the Minister liaise with employers, employees’ representatives, trade unions and so on in that regard? To me, it seems to be quite vague.

I am arguing two points, the first of which is that the five days are not enough and the second of which is that we need more detail in respect of the prescribed daily rate of pay. It would be invariably for women and let me not put a tooth in that. Women will primarily be asking me what the prescribed daily rate of pay will be. I think they are entitled to some degree of clarity around that.