Thomas Pringle (Donegal, Independent) | Oireachtas source

I believe we may have gone out of order a bit but we will get on with it. I thank the Ceann Comhairle for the opportunity to contribute briefly on the Family Leave and Miscellaneous Provisions Bill 2021, which is before us today. Sometimes, the Government brings forward Bills with which one cannot disagree. Often, they are very belated but welcome nonetheless. This is one of those Bills. A simple change of definition, from "adoptive mother" to "adoptive parent", is making a tremendous difference to many people's lives.

On 22 May 2015, 62% of us voted to say "Yes" to enabling same-sex couples to get married. The Yes Equality campaign and the LGBTQI+ people who shared their stories changed the country for the better and we made grá the law. After May 2015, many people thought everything had now improved for same-sex couples and families. Unfortunately, the reality was many same-sex families were left in limbo or left behind when it came to parental rights, recognition and legal standing. The wonderful families with same-sex parents were sidelined while the Government claimed the glory for how modern and inclusive Ireland now was.

During the campaign, the No side tried to make children and families an issue, whereas the reality was separate legislation was needed. The Children and Families Relationship Act 2015 was introduced to deal with many of the legalities around same-sex parenting and the various ways in which same-sex couples may become parents. This Bill, the Family Leave and Miscellaneous Provisions Bill 2021, will correct an anomaly in legislation to allow provision for male same-sex couples to avail of adoptive leave in the same way as everybody else.

It is quite a substantive and comprehensive Bill which proposes many amendments to a number of intertwined pieces of legislation. The Bill will make provision for male same-sex couples to take adoptive leave and adopting couples will be able to choose which parent avails of the leave. The Bill also increases the time allowed for parental leave from two weeks to five weeks and the qualifying period from one year to two years. These changes require amendments to the Adoptive Leave Act 1995 and the Parent’s Leave and Benefit Act 2019. The Parental Leave Act 1998, the Social Welfare Consolidation Act 2005 and the Workplace Relations Act 2015 are also amended. There is also a change to the Child and Family Agency Act 2013 to provide for an increase in the membership of the board of the Child and Family Agency, up to nine ordinary members from seven ordinary members.

Unfortunately, because of Covid, we will not have a census this year, so we do not have a current picture of family make-up around Ireland. In 2016, the census showed us there were 6,034 same-sex couples in the country. That was an increase of almost 50% since the previous census in 2011. Of the 6,034 same-sex couples counted in 2016, 43% were female and 57% were male. At that time, the vast majority, almost 80%, of same-sex couples were cohabiting without children. Some 10.9% were married without children while just 9.8%, or 591 same-sex couples, had children, 182 of those couples being married. At that time, that was probably more to do with the increase in the number of same-sex couples in the older age groups and the legalities of the time. By the time of the 2016 census, the number of same-sex couples aged 50 or over had more than doubled while the number of such couples in the 25 to 49-year-old age bracket had increased by 46%. The number of same-sex couples aged up to 24 years actually reduced in those five years. Does the Minister know how many families will benefit from this Bill when enacted?

As usual, the Oireachtas Library and Research Service has produced a very useful Bill digest. I note this Bill was committed to in the programme for Government and it underwent pre-legislative scrutiny in the relevant joint committee. The financial implications of the Bill are estimated to be around €28.6 million in 2021 and €22 million in 2022. These costs are described as not significant in the digest. It always amazes me how the significance of the cost implications of legislation depends on whether a Government Bill or an Opposition Bill is involved. I agree that the benefits far outweigh the costs here but the Minister's self-serving position on the cost implications of Bills on the Exchequer must be noted. Such a Bill, if put forward by the Opposition, would be considered too costly.

Ireland’s parental leave policies are influenced by EU policies. The EU directive on work-life balance for parents and carers, European Council Directive 2019/1158, was to be transposed into domestic law by August 2022, but there has been an extension until August 2024 for some provisions of the directive to be implemented, which probably means it will be 2030 before our Government transposes it at all. One of the reasons for such policies is to address the gender gap in caring responsibilities.

While Ireland now has paid paternity leave, the take-up has been quite low. This is reportedly due to the difference between the payment and usual salaries, with many employers not providing the top-up. That is something we need to tackle as a society. I have heard other Members talk about the difficulties for employers in terms of parental leave and leave. Employers need to recognise that they also have a responsibility and that it should not only be the State that does this. We should provide for that in law.

In the Bills Digest the table on parental leave across EU states, under the section "Incentive for Father to take up", the majority of countries listed state "No", that there is no incentive for fathers to take up the leave. As has been stated, that is because fathers predominantly earn higher incomes and therefore they cannot afford to take the leave as well, which is an issue that will have to be addressed. If employers have to top up wages while that is happening, that would make a significant difference.

There are many other issues to be addressed if we are serious about supporting people to become parents. I want to mention lone parents as well. Mothers or fathers parenting alone are playing two hugely important roles in their children's lives with half the support, resources, time and energy. If we want to improve outcomes for children, then we must look at those who are more likely to live in poverty or deprivation. Unfortunately, single parent families are the most deprived families in our society and we have to recognise that there are many families in that situation that should be supported with adoptive leave as well.

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