Seán Sherlock (Cork East, Labour) | Oireachtas source

I thank Deputy Kerrane for ceding time to me to speak on the Bill. The Labour Party broadly welcomes the Bill. I ask that an additional explanatory memorandum be supplied on the NDAs and the records. It would be good parliamentary practice if it were possible.

We reserve the right to bring forward amendments on records and NDAs as well as the maternity leave protection elements of the Bill.

I wish to raise one key point in relation to the proposed new section 14C(11) to be inserted into the Maternity Protection Act 1994.I refer to the definition concerning "necessary medical intervention" in relation to mental health. The proposed legislation states this "means inpatient hospital treatment". We have received correspondence from IBEC, and I have no doubt that the Minister has received the same correspondence. I ask if the Minister and his officials, between this Stage and Committee Stage, could engage with IBEC on that specific provision because it has raised concerns about the risk of the Bill giving rise to discrimination. It is serious enough to warrant some attention. As I said, we reserve the right to revisit this issue on Committee Stage.

I refer briefly to the correspondence IBEC sent to us. In essence, the organisation submits that many individuals with serious physical health conditions receive treatment as outpatients due, not least, to the advancement in treatments available and the availability of community-based facilities. It goes on to say that despite this, the Bill excludes from its remit individuals with serious mental health conditions who receive treatment as outpatients. It is submitted by IBEC that this will expose employers to a claim of direct discrimination, for which there can be no objective justification under the EEA.

There is a bit of time between now and next week to look at these aspects again if the Minister is of a mind to engage with IBEC and perhaps other stakeholders like the trade unions. I say this because we do not want this legislation to have an unintended consequence. We reserve the right to submit amendments in this regard on Committee Stage. I again thank Deputy Kerrane for ceding some of her speaking time to me. I am very grateful.

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