Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

Women in the public sector are being attacked in that some of these measures will not impact on male workers. We all know that there are far more women employed at the lower pay grade rate in the public sector. The measures being introduced will have a greater impact on people on lower incomes. This legislation has not been gender proofed. The Minister would have noticed this had there not been a rush to have it passed.

The legislation provides that pay in respect of a person on half pay should not be less than the social welfare rate of €188 per week. However, there are many women in the public service who are now the sole bread winner within households. The social welfare entitlement of a woman not working in the public sector, who is the sole bread winner and whose husband has lost his job and may be back in education and has three children, is €402 per week yet provision is made in the legislation for only €188 per week in this regard. Will the Minister guarantee that the wage of a family, the main bread winner of which is a public sector worker who is on half pay will be equivalent to the social welfare payment to which the family would be entitled? The legislation provides only for the single rate of €188. Under the legislation a person in receipt of this money will be required to provide signed certificates to his or her employer. This measure is anti-women.

Another issue not addressed in the legislation is pregnancy-related illness. A woman who has had an illness in the past may suffer a pregnancy-related illness. As only women can have a pregnancy related illness, they will be hit by the reduction to half pay despite that the illness may be no fault of their own. This measure hits only women. This is a further example of a lack of gender proofing of the legislation. The legislation will affect low paid workers and women. The Minister should have considered this measure in greater detail.

I also object to the retrospection aspect of the sick leave arrangements. The Minister is aware that when it comes to sick leave one is counting backwards. While I understand the need for some element of retrospection I do not agree with what is provided for in the circular issued across the public sector which states: "Because we calculate sick leave on the basis of a four year rolling period, i.e, counting backwards from the latest day of absence, the changes to be introduced on 1 January 2014.....". In counting backwards retrospective effect is being given to this measure. The original proposal was more reasonable. I was prepared to support the Minister in that regard. Fianna Fáil also put forward proposals in regard to these issues in its budget submission last year.

I ask that the Minister wait until after the Labour Court has issued its ruling to deal with the legislation. It has been already delayed for more than a year and half but is now being rushed through the Dáil. The 290,000 public servants and their families deserve better. There was no pre-legislative scrutiny on this matter. It is possible to delay debate on the Bill because the regulations cannot come into effect until March. The more I examine the detail of the legislation the more I believe it has the potential to be anti-women and anti-low paid workers. It is blatant discrimination, as evidenced by the examples I have given. The measures being introduced under the legislation should have been given greater consideration. I ask that the Minister go back to the drawing board on it. I will be opposing this motion.

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