Willie O'Dea (Limerick East, Fianna Fail)

This amends the earlier Act, and anything that is not amended still stands. A breast-feeding employee is defined as an employee up to 26 weeks after her confinement. However, we will re-examine that to ensure it is absolutely clear.

Deputy Gay Mitchell raised a query about what safeguards will be in place to prevent people from skiving off work on the pretext that they are breast-feeding. This law will be covered by regulations. The sort of evidence that one must produce, which will in any case be fairly clear, will be incorporated into those regulations which are now being prepared. Generally speaking, one currently needs at least a medical certificate. Deputy Mitchell also raised a point about measures to force men to face up to their responsibilities if they leave the family and their wives and kids to fend for themselves, believing that they have no contribution to make. If someone in that situation is working, of course his deserted wife can seek maintenance from him. However, that is not always very effective. Some Deputies, to my surprise, do not seem to realise that, if someone gets a lone parent's allowance — it is one of the options, and the social welfare authorities may say that he or she is entitled in such cases — the Department of Social and Family Affairs pursues the other partner — the father in that case — to make what it would regard as a reasonable contribution judged on his circumstances. I know from the personal experience of constituents coming to me more frequently with this problem that it seems to be stepping up its campaign, and I welcome that.

Deputy Moynihan-Cronin said that we were lagging behind the rest of Europe. I do not agree with that. Our legislation is already fully compliant with the EU pregnant workers' directive, and our statutory entitlements are more generous than those set down in it. For example, the directive provides for 14 weeks' paid maternity leave; we provide 18. We also provide an additional eight weeks of unpaid leave. This Bill further enhances the rights of working women who wish to bear children and remain in work.

Deputy Moynihan-Cronin also referred to the lack of crèche facilities in Leinster House, and I agree with her about that. However, the provision of such facilities is an administrative matter. I am told that it is now up to the newly created Houses of the Oireachtas Commission, which is tasked with providing for the running of the Houses of the Oireachtas. I believe that she mentioned something about which she is mistaken, though it may also have been another Deputy. Deputies are entitled to maternity benefits. We learn something new every day.

Several people mentioned child care, and of course this legislation does not deal with that; it has a specific mandate to deal with certain matters. There have been very significant developments regarding the provision of child care over the last few years. Child care was identified as a priority area for investment in the national development plan and the equal opportunities child care programme 2000 to 2006, which was launched by my Department in April 2000. The principle aims of the programme are increasing the number of child care facilities and places, enhancing the quality of child care services and introducing a co-ordinated approach to the delivery of such services. The total funding allocated to my Department for such purposes during the seven years of the programme is €437 million, a not inconsiderable sum.

The programme is working to address the child care needs of parents who are working or engaged in training and educational activities through the provision of capital grant assistance to community, not-for-profit organisations and private child care providers to increase the supply of child care places or enhance the quality of existing places. It also offers staffing grants to community-based, not-for-profit organisations which focus on meeting the child care needs of disadvantaged families. It also offers support to the national voluntary child care organisations and other groups working to improve the quality of child care in Ireland.

It is estimated that 1,952 grants to child care providers and community groups approved to date will create 27,955 new child care places and also support over 26,577 existing places on completion of the projects. In addition, another €42 million has been allocated to quality improvement measures, including support for the national voluntary child care organisations in the city and county child care committees. City and county child care committees have been established in 33 city and county areas. They have developed and are currently implementing co-ordinated strategic plans for child care provision in their local area over the period from 2000 to 2006.

Deputy Gormley asked me about the Health and Safety Authority and the provisions for pregnant workers. The Health and Safety Authority is responsible for health and safety issues surrounding pregnancy and breast-feeding. The Health and Safety Authority was represented on the review group which recommended the changes being introduced today. It did not draw attention to widespread abuse or non-compliance with the health and safety provisions of the Maternity Protection Act 1994. Deputy Moynihan-Cronin suggested a promotional leaflet campaign. I know that the Equality Authority will want to do something of that sort once this Bill becomes law, and I will certainly pass on her comments to it. I agree with her on the need to disseminate information. I am constantly amazed at the lack of information regarding these matters among those entitled to them.

Deputy Moynihan-Cronin also mentioned paid parental leave. The principle of paid parental leave was among issues discussed by the parental leave working group in the course of its deliberations. I understand that some members of the working group expressed concerns about the adoption of new measures which would result in increased costs for employers, especially small employers, given the uncertain economic climate at the time and the need to maintain international competitiveness. Consequently, no agreement was reached on the issue of paid parental leave and the Government has made no commitment in this regard.

The Department has worked out the potential cost per annum of such a measure. Social insurance payment in respect of parental leave, based on an earnings related maternity benefit rate and a 90% parental leave uptake by women and a 15% uptake by men, would cost nearly €79 million. Public sector employer costs, where the rate of payment for parental leave to public sector employees would in all likelihood be full pay, would be more than €50 million. The cost to the social insurance fund and the Exchequer if parental leave attracted a payment on the same basis as maternity leave is estimated to be in the region of €130 million.

As I stated, the measure could not be introduced without pain and no commitment has been made on the matter thus far. While I am not inimical to the idea of amending the Bill if it would improve it, I stress that any amendments I accept in the course of Committee and Report Stage debates will have to be within the parameters of the agreement which has been hammered out as I do not have any authority to change them unilaterally in favour of one side or the other. I thank Deputies for their constructive comments and commend the Bill to the House.

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