Conor Sheehan (Limerick City, Labour) | Oireachtas source

I thank my colleague, Deputy Smith, for bringing forward this Bill. If the Organisation of Working Time Act is not the appropriate vehicle by which to legislate for this proposal, I ask whether it could be done through the Work Life Balance and Miscellaneous Provisions Act 2023. I am very disappointed by the attitude the Government has taken to this Bill because it is a practical one the provisions of which would cover HSE cancer screening programmes and other screenings recommended by a doctor based on age or health status. Workers must currently use their annual or sick leave to attend appointments, which can create financial and workplace barriers to early detection. Many EU countries include preventative health check-ups within their broader paid sick leave regulations and studies have shown that when paid sick leave is mandated and used often for screening, cancer screening rates are higher compared with areas without such mandates.

We have problems with cancer screening and we should not kid ourselves we do not. The European Union’s Beating Cancer Plan, which we have signed up to, ensures 90% of the target population is offered screening but in many ways the country is going in the wrong direction. BreastCheck has missed its attendance target for a number of consecutive years up to 2026. Approximately 40% of first-time screening appointments are missed. If we look at BowelScreen things are even more concerning and we are going in the wrong direction. Our figure is 65% and it is also declining. This is something that disproportionately affects people who are in lower-paid jobs in front-line industries like hospitality, retail and manufacturing. They have rigid rotas and cannot just nip out for an hour or a couple of hours. It is a fact that most of our screening services operate day-time appointments only and clinics rarely operate at the weekend or late in the evenings. This legislation is also something to benefit those who are in precarious work because employees on casual, temporary or zero-hours contracts may, because of the imbalance that is there with their employer, fear requesting time off for a non-urgent medical appointment will lead to them, for example, being offered fewer hours or affecting perception of their reliability to attend their job. There is no legal entitlement to paid leave for cancer screening and employees are often forced to choose between using annual leave or taking unpaid leave, which many people cannot afford, especially given the cost-of-living crisis we are in. There is also an issue with employers not allowing people to take a partial day off or a few hours off for an appointment. This means some people have to take an entire day of annual leave for a 15-minute test. There is an imbalance between the person in low-paid and more precarious work and their employer. These people are often younger and from working-class and migrant backgrounds. There is a real fear there of being perceived as unreliable or of receiving unfair treatment for asking for time off for health-related reasons, especially if they have already used their statutory sick leave.

As I said, this is a practical proposal. It merits much more consideration than being thrown out, essentially, by the Government. If the Organisation of Working Time Act is not the appropriate vehicle through which to legislate for this I really hope the Minister of State can find out if we can do it through the 2023 work life balance Act.

See this speech in context