Roderic O'Gorman (Dublin West, Green Party)
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I congratulate the Cathaoirleach on her appointment. I look forward to working with her on the matters that are within the remit of this committee. I also thank her for her kind remarks in respect of Niall Kieran. I offer the sympathies of my Department, myself and my officials to his family and his colleagues in the Oireachtas.

I appreciate the opportunity come here to discuss the general scheme of the maternity protection (amendment) and miscellaneous provisions Bill 2024. I welcome the committee’s interest in and engagement with this legislation.

This is an important piece of legislation and I am conscious of the very real impact it will have on individuals at particularly vulnerable point in their lives. For this reason, I am also very conscious of the need to get this legislation right. I understand the concern of the committee both regarding my request for a waiver of pre-legislative scrutiny and the potential introduction of Committee Stage amendments.

As members are aware, we are working under certain time constraints if we want to be fully confident of getting this legislation enacted. I am very conscious in particular of those seriously ill women who may miss out on the opportunity to avail of the possibility of a postponement of their maternity leave if the Bill is not enacted as quickly as possible. I have requested a waiver of pre-legislative scrutiny for this Bill because of these time constraints. I do not do this lightly, but I am reassured in doing so by the broad support that the proposals contained within this Bill enjoy.

The general scheme brings forward a number of legislative amendments that the Government has committed to advancing. First, the Irish Cancer Society has raised with me, as well as with many Deputies and Senators, the difficulties faced by women who spend their maternity leave receiving treatment. There is widespread support for proposals to allow women with cancer and other seriously ill women to pause their maternity leave.

Similarly, it is clear that female Oireachtas Members should have a right to maternity leave, and this entitlement is crucial to the process of improving the gender balance among Oireachtas Members. It is important that these provisions are in place before the upcoming election to give a strong signal to female candidates as to their rights.

The proposals regarding non-disclosure agreements build on a previous Private Members' Bill sponsored by Senators Ruane, Flynn, Black and Higgins. That Private Members’ Bill passed all Stages in the Seanad. My Department’s public written consultation as part of the review of the Equality Acts, which I published a report on last year, invited submissions on NDAs. It is of note that there was significant support for progressing the proposals in that Bill.

I indicated last week to the committee that the provisions relating to NDAs may need to be brought as Committee Stage amendments. This is a standard process when seeking to bring forward a Bill urgently with provisions on a number of crucial areas. I can assure the committee that my officials and the officials in the Office of the Attorney General have been working intensively on drafting since the general scheme was published. However, it will take some more time to finalise drafting on all of the provisions of the Bill. Initial priority for drafting was given to the amendments to the Maternity Protection Acts, as we are aware of the very great urgency with which these amendments are needed.

It is important now not to delay publication of the Bill while awaiting the completion of drafting of all provisions. By bringing the provisions on non-disclosure agreements as Committee Stage amendments, the Bill can be advanced quickly, recognising the crucial and urgent nature of the provisions to be contained in it. This course of action in no way precludes the committee from considering all of the proposals planned for the Bill.

I can assure the committee that the amendments to the Employment Equality Acts providing for the restriction of the use of non-disclosure agreements are of a very high priority for me. That is why they have been brought forward in advance of other proposals arising from the review of the Equality Acts, because I view them as extremely important. I recognise that the potential introduction of NDA proposals as a Committee Stage amendment has raised concern among some committee members. I would like to assure members that this is not indicative of any change in policy from what has been outlined in the general scheme, with the proviso that some issues can emerge during drafting which may require additional provisions to ensure that the legislation will have the right effect. The policy shaping the proposals is unchanged. I acknowledged, when publishing the general scheme, that the Government’s proposals build very much on the recent Private Members’ Bill, and this position has not changed.

Since the publication of the general scheme, and in addition to the drafting work, my officials have been engaging further with stakeholders and speaking to colleagues in other jurisdictions on this topic and this also is informing the drafting process. I understand that certain members of the committee have a very keen interest in this area, and I am happy to engage informally to keep them informed of any developments as they arise. I look forward to hearing today of any concerns or suggestions Deputies or Senators may have for these proposals and which will further inform drafting.

Once again, I thank members for the opportunity to brief the joint committee today. I am happy to address any questions that the committee may have or to provide any clarifications that may be required.