Lucinda Creighton (Dublin South East, Fine Gael) | Oireachtas source

I pay tribute to the work undertaken by Deputy Ó Fearghaíl in the development of this Bill. It addresses important issues, which clearly need attention. The debate has been informative and productive. However, I still urge the Deputy to reflect on what the Minister of State at the Department of the Taoiseach, Deputy Kehoe, said earlier on the role that Whips could play in advancing the issues outlined in the Bill and not to push the Bill to a vote but instead to agree that work together to see if through the internal arrangements, including the Standing Orders, of both Houses, we can find a way of achieving the shared objective without having to face constitutional difficulties.

There are difficulties with the Bill, which need careful consideration. As the Minister of State, Deputy Kehoe explained, we are officeholders, not employees, as Oireachtas Members. We do not fall within the statutory employment protection legislation because we are not employees. The proposal to provide for maternity leave for female Members as if they were employees may raise a constitutional issue since it would, in effect, make provision for State recognition of an absence from her duties under the Constitution of a Member of either House during the maternity leave period and for State remuneration during that absence. The reality is that Members are entitled to their salary allowance as a matter of law during their period of membership of the relevant House and there is no provision for non-payment of the salary during this period. As Members, we organise our own work patterns and, subject to Members on my side of the House being present when the Whip needs them, the balance between Dáil work on legislation and other parliamentary business on the one hand and constituency and other work on the other is managed by the individual Member at his or her discretion and is not subject to approval by the employer.

As the Minister of State, Deputy Kehoe said earlier, there are two issues to consider - whether it is possible under the Constitution to legislate for such an absence from duty for Deputies and Senators and what additional provision, if any, could be made in such legislation for payment of the salary allowance and other allowances to a Member in respect of such absences, given the law provides for the payment of salary for the full duration of membership. The question may well arise as to whether the provision of maternity leave equates to a formal leave of absence such that a Member is, albeit temporarily, no longer performing her duties. The Bill does not provide for a temporary replacement of a Member during her absence on maternity leave and this would raise issues under electoral law and the Constitution.

I fully support the thrust of the Bill in its general aim to support greater participation of women in politics. We need to find a way to encourage more women to get involved in politics and to encourage young mothers to stay involved, which is a significant challenge. Deputy Mitchell O'Connor outlined clear examples of where that has proved impossible. We are all agreed on that but the way needs to be one that works and is constitutional. Bearing in mind the reality of daily political life, I do not need to tell the House much about that because we are all acutely aware of it.

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