Gary Gannon (Dublin Central, Social Democrats) | Oireachtas source

I will pick up where Deputy Cairns left off on the previous occasion.

The Bill has defects in respect of the sharing of personal information, especially in the requirement to share third-party information with an employer to seek medical care leave or flexible working arrangements for care purposes. This issue also arose in recent newspaper accounts of IBEC’s submission on domestic violence leave. The Joint Committee on Children, Disability, Equality, Integration and Youth discussed domestic violence leave in reference to Deputy O'Reilly's legislation. It was agreed that given the serious and intimate nature of domestic violence, seeking evidence of such access to leave would be highly inappropriate and potentially traumatising. There was also consensus that no one would fraudulently claim such leave.

Unfortunately, IBEC decided to go down the road of suggesting victims of gender-based violence would need proof "to avoid any potential abuse of domestic violence leave". Not only this, it suggested that the Department conduct economic impact analysis to find out “whether the cost to employers will exceed any benefit”. That is really disappointing commentary. It subsequently tried to roll back on this position, but its sentiments and objections are clear and, frankly, disgusting. It claims to want to support victims of domestic violence while, at the same time, opposing their right to apply for leave after they have been attacked, in many cases in their own home. We are long overdue a statutory right to leave for those experiencing gender-based violence or any form of domestic or partner abuse. Despite resistance from bodies such as that, this leave will be created.

Yesterday, the Minister indicated he will introduce a form of domestic violence leave on Committee Stage. While this is most welcome, it is clearly an unhelpful and unprofessional way to produce legislation. The legislation, when first published, should have contained all these elements, but it now appears as though leave in response to domestic and gender-based violence is an afterthought. Moreover, it is now virtually impossible for Opposition or backbench Deputies to make meaningful amendments to that section because we will be operating in a void. The only thing we have to go on is speculation based on the Minister's statements yesterday and a press release. Will it be ten days or five days? Will employers be able to seek evidence of abuse and violence? What would that even look like? Not only is this poor legislation-making, it is poor legislation giving rise to an incredibly serious and prevalent issue.

Survivors and victims of gender-based violence deserve more than off-the-cuff law-making and need more than speculation about their potential entitlements. There are many welcome aspects of this legislation but major issues remain. My colleague, Deputy Cairns, will bring forward amendments on Committee Stage to make it more inclusive in order that it will respond to the needs of vulnerable people.

See this speech in context