Dáil debates

Tuesday, 8 December 2020

Organisation of Working Time (Domestic Violence Leave) Bill 2020: Second Stage [Private Members]

 

8:50 pm

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE) | Oireachtas source

I thank Sinn Féin for introducing this important Bill. It is vital that the State provides paid leave from work for those victims of domestic violence who need it. This is the case in New Zealand and a number of other countries around the world. There are many reasons for which those suffering from such abuse would need time off work - to move house, get legal or mental health supports, and continue being financially independent. It is unfortunate that, too often, survivors of domestic violence lose their jobs due to the abuse they suffer. Research conducted in the state of Maine in the US found that an incredible 60% of survivors reported losing their jobs due to the abuse, with many being fired by their bosses. This is why it is a workers' rights issue. The current situation is not acceptable. It is about time we supported victims of domestic violence. Providing paid leave for the time they need off work is the least that can be done.

I wish to discuss a provision in the Bill. We can deal with it on Committee Stage, which I hope we will reach as soon as possible, but there is an issue with how it is presented whereby employees should give notice "as soon as is reasonably practicable" and that notification to the employer shall "contain a statement of the facts entitling the employee to domestic violence leave." This is problematic. While I will support the Bill on Second Stage, this matter must be addressed. It would place a significant obligation on workers to hand over confidential and sensitive information to their employers. The Bill makes it an offence for an employer not to maintain that confidentiality, but there are no penalties specified as far as I can see. It would be better to have a system based on the idea that we trust victims and workers - a system based on self-certification - rather than on forcing workers to hand over sensitive information to bosses where there is already an uneven power imbalance. That set-up could be abused. The Bill could propose that disputes be dealt with by the Workplace Relations Commission like other disputes.

We have probably discussed domestic violence more over the past six months than we have in any previous six-month period. That is a reflection of the unfortunate increase in domestic violence during the pandemic as well as the increase in political attention being paid to the issue. It is essential that this issue be brought into the light and discussed fully. For too long, it was brushed under the carpet. Everyone knew it happened, but people understated the horror of it and there was an absence of will to tackle it. We know that almost one in six women and one in 16 men in Ireland has experienced severe domestic violence from a partner. The figures are even higher when all physical and sexual violence is included. It is a crisis and it demands an urgent response.

The Government's response has been lacking. We have one third the number of refuge spaces recommended by the Council of Europe. Saoirse Women's Refuge in my area is forced to undertake its own fundraising to get the funds it needs to carry out its work. This is not acceptable and should not be happening. Women's Aid reports that, of the people who called its helpline looking for refuge spaces, half were unable to find a space. There is no question that Ireland is a rich country. It is the fifth richest in the world per GDP, but the Government is more concerned about protecting billionaires from taxes than it is in investing in and supporting victims of domestic violence.

I started the clock when Deputy Bríd Smith started, a Leas-Cheann Comhairle. I am at nine minutes.

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