Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 5, lines 7 and 8, to delete “adopting mother, sole male adopter” and substitute “relevant adopting parent”.

I propose to discuss amendments Nos. 1 to 6, inclusive, 9 to 13, inclusive, 16 to 24, inclusive, 27 and 28 together.

The proposed amendments are necessary to give the right to paternity leave to male same-sex couples that adopt. The intention of the Bill is to cater for same-sex couples on the same basis as any other couple. However, due to the interaction between the Marriage Act 2015, the Children and Family Relationships Act 2015, in particular section 177 which has not yet been commenced, the Adoptive Leave Act 1995, which provides for adoptive leave for an adopting mother only, and the Adoption Acts, in respect of which there is an amending Bill before the Oireachtas, there is a technical difficulty in the Bill, as published, regarding same-sex male couples who adopt that needs to be resolved. The idea is very simple. Paternity leave will be available to male same-sex couples who adopt. However, the execution of that idea requires, as Deputies will note, quite a few amendments to resolve consequential and cross-referencing issues to which the core amendments give rise in the Bill.

Amendment No. 1 proposes to delete "adopting mother, sole male adopter" in the Long Title of the Bill and substitute "relevant adopting parent". Amendment No. 2 proposes the introduction of a stand-alone definition of "day of placement" that includes the term "relevant adopting parent" and it deletes the reference to the day of placement having the same meaning as it had in the Act of 1995. Amendment No. 3 proposes the inclusion of the definition of a "relevant adopting parent" in section 2, which is the interpretation section, regarding a child who is or is to be adopted. Amendment No. 4, in the same section, is one of the substantive amendments required. It proposes to include the definition of "relevant parent" in the same section, which is the spouse in a married adopting couple of the same sex who was chosen by that couple to be the relevant parent for the purposes of the Act. Amendment No. 5 in the same section proposes to delete "adopting mother, sole male adopter" and substitute "relevant adopting parent" in the definition of "surviving parent" with respect to a child whose relevant parent has died. Amendment No. 6 is one of the key amendments required. It proposes to delete "adopting mother, sole male adopter" and to substitute "relevant adopting parent" in the section in which entitlement to paternity leave is created. It therefore gives a right to adopting male same-sex couples to paternity leave.

Amendment No. 9 proposes to include in the Act a provision prohibiting a person from availing of both paternity leave and adoptive leave. This could arise in the case of a male same-sex couple and is a consequential amendment of the substantive amendments. Amendment No. 10 is a technical amendment which flows from the substantive amendments and makes a necessary correction to a cross-reference within the Bill. Amendment No. 11 proposes the insertion of the new definition of "relevant parent", as amended by amendment No. 4, in the new section relating to notification of employer of intention to take leave. Amendment No. 12 is again consequential on the substantive amendments. It is a technical amendment that ensures consistency with the language used elsewhere in the Bill and is being introduced on the advice of the Office of the Parliamentary Counsel. Amendment No. 13 proposes to introduce a further provision regarding the commencement of transferred paternity leave following the death of a relevant parent. This provision ensures male same-sex couples have the same entitlement to transferred paternity leave as other couples. As well as carrying the necessary amendments through regarding paternity leave, Part 5 of the Bill, namely, sections 30 and 31, in turn need to be amended to ensure the same result regarding paternity benefit. If accepted, amendments Nos. 6 to 24, inclusive, will therefore achieve this outcome.

Amendment No. 16 provides that "‘day of placement’ has the same meaning as it has in the Act of 2016;", that is, the proposed Paternity Leave and Benefit Act. Amendment No. 17 proposes the inclusion of the definition of "relevant adopting parent" in the case of a child who is or is to be adopted. Amendment No. 18 proposes to include in the definition of "relevant parent", in respect of a person in insurable self-employment, the spouse in a married adopting couple of the same sex chosen by that couple to be the relevant parent for the purpose of accessing paternity benefit. Amendment No. 19 proposes to delete the term "adopting mother or sole male adopter of the child" and to substitute the term "relevant adopting parent of the child". This concerns the definition of "surviving parent". Amendment No. 20 proposes to delete the term "adopting mother, sole male adopter" and substitute the term "relevant adopting parent" regarding the entitlement to, and duration of, the benefit. Amendment No. 21 proposes to delete the term "adopting mother, sole male adopter" and again substitute the term "relevant adopting parent" regarding the entitlement to the benefit of a surviving parent. Amendment No. 22 proposes to include a provision prohibiting a person from availing of both paternity benefit and adoptive benefit. Again, this could arise in a case of a male same-sex couple. The amendment is consequential on the substantive amendments. Amendment No. 23 is a technical amendment that is consequential on the substantive amendments and is again being introduced on the advice of the Office of the Parliamentary Counsel. Amendment No. 24 is also a technical amendment that is consequential on the substantive amendments and is once again being introduced on the advice of the Office of the Parliamentary Counsel.

Amendment No. 27 is consequential on the substantive amendments. It is a technical amendment that provides clarity on an Act referenced in the Bill. Amendment No. 28 proposes to change the reference in the Workplace Relations Act 2015 from the term "adopting mother, sole male adopter" to the simple term "adopting parent".

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