Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

Bearing in mind the warnings of the Ceann Comhairle, I will not respond to some of the general points, particularly about women in the workplace. I was going to outline the measures the Government has taken but I recognise we are only speaking about amendments, so I will control those remarks.

Regarding Deputy Sherlock's question, that issue is dealt with in amendment grouping two, but he asked a question so I will address it now. The legislation provides for a rate to be set for domestic violence leave. We had a good discussion in the Seanad about the criteria set out in the legislation. Several Senators raised concerns that some of the criteria were quite macro and high-level, looking at economic trends in the wider economy. They also raised concerns about the fact that while views of domestic, sexual and gender-based violence service providers could perhaps find a route in through one of the criteria, it was not specifically provided for, so I made two changes. I took out one of those high-level macro issues and specifically included that a Minister making a decision on the rate will have to engage directly and source the views of providers in this area.

There will be a process following the passage, I hope, of this legislation and its signature, to set the rate. I cannot give an answer as to what the outcome of that process will be. I very specifically heard the concerns of domestic, sexual and gender-based violence service providers during the discussion on Committee and Report Stages in the Seanad. I made these changes to ensure the considered views of organisations most attuned to this issue will form part of the decision about the rate. I hope that gives an indication of listening to those concerns and looking to respond to them in a meaningful way.

Regarding Deputy Cairns's point, age limits for the ability to seek flexible work are drawn from the Parental Leave Act. Those ages were chosen on that basis, of 12, or 16 in the case of a child with a disability. On the ability to seek flexible work, where the child of an employee is older than the age limit and requires care, there is an entitlement under the Bill to require flexible working. It is important if one is caring for one's child who is over the age of 18, that one is still entitled to use the provisions of this Bill if that person has a disability. That addresses the second part of the concerns Deputy Cairns raised, particularly regarding the ability to apply for flexible work when a child has a disability.

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