Damien English (Meath, Fine Gael)

I wish the Minister of State well in his new portfolio and hope it goes well for him. He will certainly have plenty to do in this area of justice.

I acknowledge the work of the working group on the review and improvement of maternity protection legislation. Most of the recommendations it put forward have been addressed by this Bill. I commend the Government on bringing the Bill forward, although there have been some delays in doing so. Many parents have waited anxiously for it for some time and I am delighted it is now before us.

The adoption process is difficult and parents need all the support they can get to get through it, without the added worry of employment concerns. The Minister is aware that the adoption process is a long and tough experience. Applicants to an adoption agency undergo a detailed assessment which can last up to two years. As a result of this Adoptive Leave Bill, they can concentrate on the adoption process knowing that they will have the right to take time off work to pursue their dream of starting or extending their family.

I have a concern which I hope will be clarified. Adoptive parents will be entitled to take 16 weeks' leave after an adoption. This is different from the entitlement of natural parents who will have two weeks' leave prior to birth, giving them a total of 18 weeks' leave. Is that correct and does this imply discrimination against the person adopting a child? Although adoptive parents do not need to spend time in hospital to have the baby, they need preparation time off beforehand to prepare and organise for the arrival of the child. Will the Minister of State clarify that as I may be interpreting the provision wrongly? Both natural and adoptive parents should receive the same leave entitlement.

The Bill increases the amount of time off for parents. Similar provision is made for men in exceptional circumstances, for example, where the man is the sole adopter or where the adopting mother dies either shortly before or after the placement of the child. I discussed this point with my colleague, Deputy Enright, and I would like it clarified. Is a father entitled to the leave or must we assume that it is the mother or female parent who gets the full entitlement? Does a father only get it if he is a sole adoptor or if the mother dies? Surely, in this age of equality a father should be entitled to parental leave. Perhaps I have interpreted this provision wrongly, but should there not be an option for either parent to take time off. Adoption is difficult for both parents.

The Bill provides for time off work without loss of pay for employees to attend pre-adoption classes and meetings, which prospective parents are obliged to attend. Will the Minister of State illustrate the protection afforded to people whose employers do not adhere to this provision? What steps can be taken to seek recourse in a dispute? We have come across cases where employers do not always provide entitlements or cause difficulty and put pressure on people not to take their leave or time off. What will be done to redress situations where employers take advantage of their employees during the adoption process? Will a complaints board be set up? What provisions are made for self-employed people who want to take time off to adopt?

I welcome the extra leave and time off provided in this legislation. I also welcome the provision in the Bill where, if a child is ill or is hospitalised, parents can return to work for a time and resume the leave later when it suits them. If the parent is sick he or she can take sick leave and resume adoptive leave later. Will the Minister of State clarify what happens in a case where a person has commenced his or her leave, but the adoption does not go through?

If adoptive parents begin their 16 weeks leave the week before the adoption but the adoption breaks down because something changes at the last minute, can they begin the process six months later, for example, or is there a limit? I hope there is no limit. The Bill introduces all the working group recommendations and I have no problem with it per se but I seek clarification because there should be equal access to adoptions for both females and males.

The adoption process must be examined and I accept the Bill is one part of the legislative programme in this area. However, people are experiencing massive problems and delays, especially regarding inter-country adoptions. I have come across couples who have had serious difficulties organising adoptions in Belarus and elsewhere and that is a pity. They did not always get the support of the Adoption Board, to which they felt entitled. I recall one couple who felt they were nuisances even though they were trying to do some good for society, for themselves and an unfortunate child who needed a home. They were made to feel awkward about it and they were not helped, which is a shame.

Various Bills can be introduced to give people additional time off and so on but that may only amount to tokenism because the legislation must be backed up with proper services and information so that parents are given the help they need. I hope the changes the Minister of State, Deputy Brian Lenihan, proposes to bring forward will reflect that. He has tried his best in recent years in regard to the adoption process but more must be done.

The Bill provides for couples to be given more time off to attend courses prior to adoption but there are significant waiting lists for both fostering and adoption in a number of health board areas. One couple who contacted me could have to remain on a waiting list for a course for two years. It could take two years for them to go through the process that would deem them suitable to become adoptive parents. Both of them are aged 40. They want to adopt children now because they feel they are at the right age but they cannot get accepted for a course to prepare themselves for adoption.

The Bill is a start and, while it is positive and welcome, a great deal more needs to be done. The Adoption Board must guide people through the process. The legislation will provide more or less equal rights for both natural and non-natural parents. The Maternity Protection (Amendment) Bill 2003 passed through the House a number of months ago but people are not still clear about their entitlements under it. Leaflets were published and sent to homes or they can be picked up in social welfare offices but, despite this, the information regarding entitlements is not reaching people. There will always be employers who will not encourage employees to avail of their entitlements. They will begrudge them help on entitlements. There is an onus on us when we introduce new laws that improve entitlements to make sure they are successful. We need to inform and encourage people to seek advice, attend classes and so on regarding parenthood. We need to get the message out loud and clear. I commend the Bill to the House and I thank the Minister of State, Deputy Fahey, for bringing it forward.

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