Louise O'Reilly (Dublin Fingal, Sinn Fein) | Oireachtas source

This has been a very important debate. The people watching it may include some who are experiencing domestic abuse. They are more likely to be women. They will see a unanimity of purpose from their political representatives on this issue, given that the Government is not opposing our proposals in this legislation. That is really important. However, I would prefer if the Government were supporting the Bill rather than simply not opposing it. I draw the Minister's attention to the fact that this not a motion or a proposal; it is legislation. It was written in consultation with the OPLA, advocacy groups, survivors and workers' representatives. That is how legislation must be devised. The Minister, Deputy O'Gorman, is right about the need for consultation, but I put it to him that we have already engaged in a huge amount of consultation. To reiterate, we have spoken to survivors, advocacy groups, legal experts and workers' representatives.

The Minister said that the principles of the legislation are sound, for which I thank him, but he added that "the Organisation of Working Time Act 1997 is not the best vehicle for such a scheme". I was very alarmed to hear his colleague express the view that "The State can only do so much". In fact, the State has a responsibility for the granting and maintenance of statutory entitlements to leave, which is what this Bill is proposing, and the Organisation of Working Time Act is exactly the place for it to be done. As someone who practised industrial relations - some might say that if I had ever practised it, I would have got good at it - I understand how the world of employment works and how domestic abuse and domestic violence can impact on an worker. This Bill is not intended to be a panacea. The Government holds the purse strings and has the money to fund shelters properly and ensure women and men are not turned away. This Bill is intended to address domestic abuse as a workers' rights issue, which it is.

Anybody who has worked alongside someone experiencing domestic abuse or has been in that situation himself or herself knows that when one has to go into work with an injury, is afraid to go home or is worried that one's abuser will turn up at work, having access to statutory leave is really important. People who work alongside someone in that situation or are approached, as a workplace representative, to assist such an individual, do not necessarily know what to do. Everybody wants to help but there is no process cast in stone to which one can point. In some instances, there might be somebody in human resources who has a particular understanding of the issue, in which case one could advise the person experiencing domestic abuse to approach that individual. If there is nobody like that in a workplace, there is no concrete procedure towards which people can be pointed. There must be provision for statutory leave for people in that situation and that is why we located our legislative proposals in reference to the Organisation of Working Time Act. We did so following intensive consultation and engagement, as I outlined, with advocacy groups, workers' representatives and survivors.

It is our intention to move the Bill to Committee Stage and, in so doing, we hope we will enjoy the same non-opposition or support, whatever way one wants to put it, from the Government. I welcome that the Government is conducting a consultation on the issues. However, my fear is that it will add ten months to the process of getting these provisions into law. We had statements on this issue in the House in recent weeks, during which many speakers talked about the need for action to be taken. Consultation is important but, as I have outlined, we have already engaged in that consultation. We are happy to share all the information we have with the Government. This legislation is not something we just dreamt up. It is not a proposal but a piece of very well-crafted legislation and it was drawn up following the process of consultation I described. I urge the Government, rather than just not opposing the Bill, to support it and work with us, as we have committed to working with the Government, to ensure we make a real and meaningful difference in the lives of the people affected. The men and women in a situation of domestic abuse and watching the debate this evening need to know that they have some concrete support and a statutory entitlement to leave. They might need that support now or very soon and they should not have to wait many months for it.

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