Dáil debates

Thursday, 15 November 2018

Shared Maternity Leave and Benefit Bill 2018: Second Stage [Private Members]

 

4:55 pm

Photo of Lisa ChambersLisa Chambers (Mayo, Fianna Fail) | Oireachtas source

I am happy to introduce this Bill with my colleague, Deputy O'Loughlin. I thank our researcher, Áine Doyle, for her help in drafting the Bill. It has been an extraordinary year for women's rights. There have been many debates in the House on pertinent issues for females during my short time as a Member and this is certainly an issue that affects many women as well as their partners.

I am proud that we live in a modern, progressive society, one that has changed rapidly over the last ten to 15 years. As a result our work life, society and women's place in the workforce have changed, for the better in my view. However, our maternity laws are outdated and old-fashioned. They restrict women in their ability to enter and stay in the workforce and to make the correct choices for them and their families. Currently, a woman can take up to six months or 26 weeks paid maternity leave, but the father or the other parent can only take two weeks. There is clearly an imbalance that must be addressed. Ultimately, we must increase those entitlements. We want more maternity leave and greater flexibility for families, with parents having the ability to stay at home for longer with their children in the first year after birth. If that is something they wish to do, they should be facilitated to do it by the State and its laws. However, parental choice is lacking at present and women do not have that choice.

We must have a reality check as to what it is like for a woman to work in this country. If she has just become a new mother the option open to her is to take the six months maternity leave. If she does not take the six months maternity leave the other parent cannot take that leave to help her out. The options that remain are relying on family members or paying for extremely costly childcare earlier. It can also be difficult to get a childcare facility to take an infant younger than six months. These are the realities of daily life in this country. Why not give the choice back to parents if a woman decides she does not want to take the six months off? Perhaps she earns more than her partner and it is better for the family financially that she returns to work sooner, so that is what the couple decide to do. What about situations where the mother does not get maternity leave because she is self-employed and runs her own business? That means the maternity leave is lost to the family. Why would we facilitate that? Would it not be better for the family that the father or partner can take time from work, stay at home and take that paid maternity leave rather than having to pay for expensive childcare early and have the child without a parent at home, against the wishes of those parents but because they have no other option?

The Bill does not seek to take away any rights from new mothers. The status quois maintained and maternity leave rights automatically go the mother unless she chooses to give some of that leave to the other parent. They make that choice together if it is in the interests of their family to do so and it is the choice they want to make. Currently, that choice is taken from them. In modern society many fathers would like the opportunity to take time off and stay at home with their new children.

Currently, all they have is two weeks for that. We want to get to the stage where we can ultimately extend all that leave but we are all very well aware that it costs money to do so. It will be a longer term objective of the country. In the short term, why not make existing entitlements flexible and give parents the choice to decide? They will make the right call for their families and their position.

Can the Minister imagine the transformative impact on women who are working or self-employed if there was this flexibility and the pressure was off? The choice facing women now is to go back to work a bit sooner but then having to pay for childcare because a partner cannot take off the time instead. This puts women in a very difficult position and often forces them to stay out of the work force longer than they may like. Can the Minister imagine the transformative effect this would have in levelling the playing field? Right now a woman of child-bearing age faces certain realities heading to work. If a woman has an interview for a new job and is competing with a male colleague, the assumption is the woman of child-bearing age is more likely to take time off with children than a male applicant. This often goes against female candidates applying for positions. I know a friend who applied for a job but took off her engagement ring before attending the interview. Why did she feel the need to do it? She did so because she knew engagement indicates marriage, which indicates potentially having a baby and taking time off work. Can the Minister imagine heading to an interview where an employer would see the male candidate as just as likely as a female candidate to take time off work to mind children? It would not even be an issue. It is the kind of equal society we need to attain. This is the kind of action that will help women practically in modern Ireland. This is for modern working women who want flexibility and choice.

I emphasise that this is about choice. If a new mother wants to stay at home with her baby, she should be supported in every aspect in doing so. Equally, if a woman does not want to take the full six months or is not entitled to any maternity leave, the State should give every support to that woman too. All we are asking for is equal opportunity and treatment. It is about putting choice back in the hands of parents rather than the Government. Many fathers want this opportunity but feel under extreme pressure to go back to work. Two weeks is a short period and any new father will tell us that the first two weeks absolutely flies and he is back to work before he knows it. There is an opportunity to split the maternity leave if it is in the interests of the family and something they want to do. It would be a really positive option for families.

I know there are some concerns around the potential impact arising from a mother not having enough time at home. Again, the emphasis is on choice and nobody is being forced to do anything. Currently there is no choice. There are issues of European Union law and the necessity to ring-fence some of the leave specifically for new mothers. We are absolutely happy to accept any amendments in that regard and debate them before seeking, with the support of other Members in the House, to make the legislation more robust and workable. We are certainly open to amendments that make the legislation better.

Ultimately, the intention is to broaden choice and flexibility. We have an existing entitlement that is inflexible and does not represent modern Ireland. It does nothing to help women who want to stay in work and perhaps get back to work sooner, or those who do not get maternity leave. Our laws should reflect the fact that the workplace has changed rapidly and women's needs are now different. Why not provide that flexibility and choice rather than leaving the Government make that choice? Let the woman make the choice for herself.

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