Oireachtas Joint and Select Committees

Tuesday, 8 November 2022

Select Committee on Children and Youth Affairs

Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party)
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I am pleased to be here to debate this Bill. As I said on Second Stage, it is Ireland's most ambitious legislation directed solely at improving work-life balance. I look forward to our discussions today. The Bill not only transposes the EU work-life balance directive, but it will also help to fulfil a number of programme for Government commitments for parents and carers. It will deliver a right to request flexible working so that mothers, fathers and carers can be there for their children and families. It will deliver five days of leave per year for care for serious medical issues. It will extend breastfeeding breaks from six months to two years. There are 27 Government amendments to the Bill. The majority of the amendments are technical and facilitate the key amendment I am introducing, which will, for the first time, introduce paid leave for the victims of domestic violence. This transformative legislation will make Ireland one of the first countries in the EU to provide such leave. It will further protect and promote women's participation in the workplace.

I flag to the committee that the Government is actively considering the integration of the provisions of the right to request remote working Bill into the Work Life Balance and Miscellaneous Provisions Bill. The objective of the published right to request remote working Bill is to provide a legal framework around which requesting, approving and refusing a request for remote working can be based. It is also intended to provide legal clarity to employers on their obligations to deal with such requests. This is similar to the framework for flexible working requests set out in the Work Life Balance and Miscellaneous Provisions Bill. The Tánaiste and I have reflected on the recommendations from the pre-legislative scrutiny reports on both Bills and on input from stakeholders, including observations made in this House. It is clear that integrating the relevant legislative provisions of the right to request remote working Bill might represent a good way forward. Subject to Government approval, this approach would deliver an integrated Bill that gives a right to request remote working to all workers while the right to request other forms of flexible work would remain limited to parents and carers as defined in this Bill. This means that all requests for remote and flexible working would be considered under one integrated Act, simplifying the process for employers and employees. Pending Government approval, these changes to the Bill will be tabled as amendments at a later stage in the legislative process.

I also intend to table a minor technical amendment on Report Stage, subject to Government approval, to amend the Birth Information and Tracing Act 2022, to provide for Tusla or the Adoption Authority of Ireland to conduct a trace to ascertain whether a parent named on a birth certificate is deceased for the purposes of enabling the release of information to a qualifying person or relative under Parts 3 and 4 of that Act.

On Report Stage, I will introduce technical amendments to the Irish Human Rights and Equality Commission Act 2014 to regularise pension arrangements in the Irish Human Rights and Equality Commission. I will also introduce amendments to the Adoption Act 2010 to alter the quorum requirements for meetings of the board of the Adoption Authority of Ireland to provide greater flexibility with regard to the board members who may form a quorum to ensure that adoption orders will be made. However, additional time is needed to ensure these amendments are completed. They will be introduced on Report Stage.

Similarly, on Report Stage, I hope to introduce provisions to provide for maternity leave for Oireachtas Members. I know that has been discussed at length in the Dáil and Seanad. I hope to table those amendments on Report Stage.

On Report Stage, I may table an amendment to explicitly provide that the processing of data by an employer with regard to the entitlements under this Bill will be subject to measures being taken to safeguard the fundamental rights and freedoms of data subjects. That will be subject to further legal discussion between my Department and other Departments.

The Government amendments to the Bill today have the overall purpose of providing, for the first time, paid leave for victims of domestic violence. This is achieved through amendment No. 6, which provides for the insertion into the Bill of a new section 6, which inserts a new section 13AA to the principal Act, which is the Parental Leave Act 1998. The other amendments are all necessary and consequential to the introduction of domestic violence leave, ensuring, for example, that employment protections are extended to employees who avail of the leave. There are amendments which correct small grammatical errors in the Bill as initiated.