Martin Browne (Tipperary, Sinn Fein) | Oireachtas source

I appreciate the time to speak on this Bill as there are a number of key factors that need to be addressed further. The area of leave for domestic violence, in particular, seriously falls short of what should be best practice. This Bill will see the introduction of paid leave for victims of domestic, sexual or gender-based violence. While always welcome, it is unfortunate to note that only five days of leave will be provided for under this Bill.

In November 2020 Sinn Féin Deputies, Deputies McDonald and O'Reilly, introduced the Organisation of Working Time (Domestic Violence Leave) Bill, which was developed through extensive consultation with those involved in this area. The Bill provided for ten days of statutory leave. Why ten days? The reason was that in other countries where such leave had been legislated for - other countries' governments had legislated for this well ahead of our own - leave was provided for ten days. Indeed, public and private sector organisations such as Vodafone, Danske Bank, An Post and University of Galway have also provided for the ten-day period of leave.

In countries where ten days' leave is provided for, it is seen as a timeframe which allows victims of violence the time to take care of their affairs, given the trauma involved and the implications it has for the family unit, including children who may be caught up in this.

When significant time is given, such as the ten days we have proposed, it helps to avoid some areas in which the employee may have to ask for further grace from their employer. The trauma they are dealing and coping with is intrusive enough without having to make further requests to their employer for time. That would hardly be an appropriate circumstance for a victim of domestic violence to find himself or herself in.

The whole purpose of such a provision is to give time to respect and acknowledge the situation in which a person may find themselves and, of course, it should be designed in a manner that respects their privacy. It is regrettable that only five days have been provided for in this Bill. I urge the Minister to rethink this and adjust the timeframe in the interest of those who, unfortunately, will need it.

This Government should take the lead and not be seen as taking what may be seen as a half measure compared to the initiatives taken by others. We need to be able to send out the message that Government is here to support and lay a landscape that enables an optimum level of support to be available to those who find themselves in scenarios which are complicated, especially in the areas of trauma and family structure.

With regard to the issue of proof, the Minister is urged to reconsider the recommendation that states that employers should retain the right to request reasonable proof, given that not all victims have engaged with the courts, counsellors or domestic violence organisations in seeking to exit an abusive or violent relationship. People's circumstances are far less cut and dry than that. Deputies McDonald and O'Reilly have demonstrated in their 2020 Bill that this is addressed through the provision of protections for employers in line with those contained in other legislative areas.

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