Dáil debates

Thursday, 27 October 2005

Parental Leave (Amendment) Bill 2004 [Seanad]: Second Stage (Resumed).

 

3:00 pm

Photo of Cecilia KeaveneyCecilia Keaveney (Donegal North East, Fianna Fail)

This Bill is related to the directive adopted in June 1996, the principal objectives of which were the reconciliation of work and family life and the promotion of equal opportunities and treatment in employment between men and women. The directive provided that a minimum of three months should be available to men and women until the child reached a given age up to eight years as defined by the member state. It provided that the leave should be non-transferable between the parents and that employees who availed of parental leave had to be guaranteed a right to return to work and protected against dismissal.

The directive also provided that parental leave is distinct from maternal leave, which was available as a statutory right to mothers consequent on pregnancy and child birth, and paternity leave, which is not a statutory entitlement but which many employers grant to fathers when their children are born. In addition to providing for parental leave, the directive provides that workers must be given the right to force majeure leave.

The working group established in 2001 reviewed the operation of the Act and identified 18 issues for consideration. These included paid parental leave, paternity leave, the duration and manner in which parental leave may be taken, age limits, broadening the entitlement and several issues relating to force majeure leave.

The group reached consensus on a number of these issues and made ten recommendations. The most important of these were to increase the maximum age limit of an eligible child; broaden the entitlement to include persons acting in loco parentis of an eligible child; introduce a statutory entitlement to take 14 weeks parental leave in separate blocks of a minimum of six continuous weeks each; and allow an employee who is unable to care for the child on becoming ill, while on or about to commence parental leave, to suspend the period of leave.

The working group recommended that extension of the maximum age limit of an eligible child to eight years would offer working parents a longer timeframe within which the leave might be taken, which was welcome. It also recommended a new provision to increase the maximum age limit to 16 years in the case of a child with a disability, which is a sensible measure that has been awaited by many people.

The extension of the parental leave entitlement to persons in loco parentis of an eligible child is important because many children in our society are cared for by persons who are not their natural parents. There is also provision for the extension of the parental leave entitlement to adopting parents, which is important as society evolves.

A new entitlement was proposed where a person could choose to take parental leave in two separate blocks, each consisting of a minimum of six continuous weeks. Such flexibility is essential. The two-block entitlement is important because it will allow parents to use their parental leave to care for children during the long school break over several summers. It will still be possible for an employee to avail of the leave in shorter periods of weeks, days or even hours over an extended period if the employer agrees and, in many instances, particularly in the public sector, such flexibility is on offer from employers. Where a parent on parental leave becomes unable to care for a child on account of illness, it may reasonably be concluded that the parent is unable to avail of the parental leave entitlement and should be able to benefit from sick leave for the duration of the illness.

These recommendations will lead to an improvement in conditions, which must be welcomed. However, they can only be considered as one part of a package for child care provision. More capital expenditure on child care facilities is needed and the issue of early education must be addressed. During the Fianna Fáil think-in in County Cavan, the issue of child care was linked to early education and it is one of the most important issues.

The concept of child care should not be looked on as finding a place for one's child while one is at work but as the beginning of an important phase in the child's life. I am chairman of the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs and delegations repeatedly tell us that the most important phase of a child's development is not between the ages of four and eight, as has been stated by many Members. By the time a child reaches the age of six, 50% of his or her concept of right and wrong has been established. If his or her parents walk, the child will walk; if they play football, the child will play football; if they play musical instruments, the child will probably do so; and if they sit at the computer drinking coffee from one end of the day to the other, the child will consider that the norm.

Parental leave is important in its own right and the issue of who pays for it is also important. The question must be asked if such leave is provided so that parents can enjoy the child's first few years or so that they can do so while giving the child the best opportunity to develop. This is at the heart of the debate.

It is important that we should discuss social legislation which is accompanied by a social infrastructure. The Government has performed well in the provision of capital infrastructure. Social capital has not caught up with building capital or infrastructural capital investment. From the perspective of a female Deputy, the idea of parental leave can be amusing. One Saturday night a man phoned for a colleague who had gone to hospital to have a baby. When he was told this he replied he would phone back in the morning. How will we arrive at a situation of equal opportunity where all such issues can be ironed out? I would like to work out how parental leave would work in such situations.

A woman and a man should each be able to work or remain at home. My father was a chef, did the washing up and spoiled the girls. People assume a man's place is at work and a woman's place is in the home. There should no longer be an assumption that is normal. Either parent can work or both may work. In new Ireland we must recognise new situations.

I take the opportunity to point out that Greencastle community child care, Quigley's Point Community Child Care Limited and St. Mary's kinder care and community nursery in Fahan seek community grants under the crèche scheme. I hope the examination of parental leave will expedite the long list of people making applications to the Department of Justice, Equality and Law Reform. As a Deputy, one sometimes sees different sections or Departments not communicating effectively. I urge the Minister of State to communicate with the Minister for Justice, Equality and Law Reform to expedite some of these cases.

The cost of provision for consumer and supplier is an issue and I refer to a case study of a person offering private facilities. A key issue that emerged from the think-tank is that parents want to be at home for the first year. That choice should be available. There is no fortune made by private providers and many are making a loss. This is particularly true of those caring for children under the age of one. If possible, maternity should be increased to six months and a mechanism should be found to support the choice of remaining at home for the first year.

Music is a facility to develop language, rhythmic co-ordination and many basic skills a child needs. Beyond those already converted, there is little understanding of the serious role music can play in the pre-natal and post-natal stages and up to the age of six. If we are serious about reducing money spent on intervention in schools in respect of dyslexia, dyspraxia, ADD and ADHD, we should examine the role of music for children under six years. There is much international proof that we are failing in our duty not to put it centre stage in early child care.

The Lifestart programme intervenes in families throughout the country. It must be funded more centrally and its funding source must be assured. Interventions where people assist parents in the home to cope with a new child are important. One does not receive a handbook with a new child. Some argue the Lifestart programme works better in some areas. In my area it is working particularly well and I urge the Minister of State to make progress on this.

I welcome this Bill and its many positive measures. I agree with the need for an overall package to support and cater for children from birth until the stage where they can better deal with themselves. A work-life balance must be struck and employers' and employees' considerations must be taken into account. A happier employee will be a more effective employee. I wish the Minister well on the passage of this Bill and the introduction of necessary supporting legislation.

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