Seán Sherlock (Cork East, Labour) | Oireachtas source

I acknowledge the work of the Minister in providing protections for vulnerable people in society through the payments she has instigated in the past number of years, in particular.

We have to come to a stage where there is some maturity in these Houses around acknowledging where there is a strong social welfare package that gives people more resources and money to meet their everyday needs. I absolutely acknowledge the work of the Minister in that regard, but - there is always a "but" - I note that in latter years there has been a preponderance of one-off measures. While every family, especially those with children, will welcome the one-off measures as we come into the Hallowe'en-election period when the coffers will be a little heavier in the average household, I have to question the sustainability of using that mechanism. When the Minister returns after receiving a new mandate from the people, if she should find herself in the same role, a review may be done of the sustainability of one-off measures and whether such money should be embedded into payments as a better and more sustainable way of supporting people, especially those who find themselves not quite below the social floor but as near as makes no difference. That is one political point I make in my last debate on a social welfare Bill before the House. I am privileged to still be in the position of being able to speak about the Bill.

I will also speak for colleague Members of the Oireachtas. The Minister will be aware that the Maternity Protection Bill will be before us this week. Coincidentally, the Minister, Deputy O'Gorman, is trying to ensure that Bill is also promulgated prior to the Hallowe'en recess. There seems to be anxiety among Ministers to have legislation done and dusted before the recess. The Maternity Protection Bill has in its content measures to provide certain protections for Members of the Houses of the Oireachtas relating to maternity provisions. Section 2 of the Maternity Protection Bill provides that "any absence by a member [of the Houses of the Oireachtas]...duly notified...[related to the birth of a child] during a period of up to 26 weeks...shall be called maternity leave for a member of the Houses of the Oireachtas". We are embedding into our structures supports for colleague Members of the Oireachtas who require protection during maternity.

I tabled an amendment to the Minister's Bill which was ruled out of order. I sought to insert a new section as follows:

“Maternity benefit – members of the Houses of the Oireachtas

5. A woman who—

(a) being a member of a House of the Oireachtas, pays contributions as a public office holder under Chapter 5A of the Principal Act, and

(b) ceases to be a member of the Houses within 24 weeks of the date on which she is [forgive me for the arcane language]

delivered of a child,

is entitled to maternity benefit, where she otherwise satisfies the conditions in accordance with which maternity benefit is paid to an employed contributor under that Act, for the unexpired portion of that period of 24 weeks.”.

That was ruled out of order because it was deemed to place a charge on the Exchequer. I understand that. However, there is a point. We have situations where, for example, if a Member were due to give birth this week and for the rest of the term of the Dáil would be on maternity leave, that person as it stands is not entitled to maternity leave. However, that person does get an additional staff member to cover the 26 weeks, is entitled to enter a formal pairing arrangement for votes during the period and will continue to be paid a salary. The issue arises when there is an election in the middle of the 26 weeks as women colleagues who either lose their seats or do not contest again will not be entitled to claim even State maternity benefit due to the class K PRSI stamp they have been paying for the period they have been serving as Members. That leaves the person with an uncertain few months where that person is not able to access even basic social welfare entitlements.

I am trying to speak for colleagues who find themselves in the invidious position where if they leave the Houses of the Oireachtas or are not re-elected, they will be in a precarious position for a period. If it could be looked at, people would welcome it. I am sure it has been brought to the Minister's attention. I have no doubt about that. Whether it can be usefully added to this Bill remains to be seen, but I ask the Minister to look at it.

I have also tabled an amendment which I have been told is in order that provides:

The Minister shall, within 3 weeks of the passing of this Act, lay a report before both Houses of the Oireachtas on the payment of maternity benefit to public office holders who are members of either such House and who cease to be such a member in the period during which maternity benefit is normally payable to employed contributors under the Principal Act.

If the Minister could look at that in the course of or in advance of Committee Stage deliberations, I would be grateful.

I absolutely acknowledge the work the Minister has done in respect of ensuring that, where moneys are made available, her Department has been a significant beneficiary of the increases in Exchequer funding.

If the Minister, instead of using one-off measures on a regular basis, were to embed more of those moneys into structured payments, it would make it more sustainable for people, especially during a cost-of-living crisis or where cost-of-living challenges arise in society periodically.

We welcome the Bill. I see no reason not to support it at this juncture on Second Stage. We will table amendments to the Bill on Committee Stage and we hope the Minister will look favourably, particularly on amendment No. 6 that will come before her on Committee Stage.

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