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Seanad: Immigration Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (11 Feb 2004)

Willie O'Dea: The amendments in the first group are amendments Nos. 1, 4, 5, 7, 10 to 15, inclusive, 17, 18 and 21 to 25, inclusive. Some of these amendments, which are primarily drafting amendments, were proposed by Opposition Deputies and accepted by the Minister in the Dáil. I will be happy to respond to any points Senators would like to raise in this regard.

Seanad: Immigration Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (11 Feb 2004)

Willie O'Dea: This group of amendments comprises amendments Nos. 2, 9, 16 and 26. It addresses an issue which generated a considerable amount of debate in the Seanad when it last considered this Bill. It is now proposed to take a technically different approach to the question of a health-related basis for refusing leave to land. Amendment No. 26 provided for a new Schedule to the Bill. In the intervening...

Seanad: Immigration Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (11 Feb 2004)

Willie O'Dea: I confirm that is accurate. I thank all Senators for their eloquent and learned contributions to this important debate. There is a fair degree of consensus on the matter. Senator Dardis summed it up well. As I stated in my initial response, a person's health status has been rarely used to refuse someone permission to land. As Senator Henry said, it will make little difference in practice....

Seanad: Immigration Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (11 Feb 2004)

Willie O'Dea: On the other hand, that person may have behaved notoriously badly in another country and the notification may have been sent forward to the Irish authorities. That has happened. It is a matter of discretion for the immigration officer. The immigration provision in the United Kingdom states that an immigration officer must refuse leave to land to a person on confirmation from a medical...

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: It could lead to abuse but if the provision did not exist, there would be even more abuse because the disabled person would not get the job in the first place. We have discussed this with people who represent the disabled and they are very enthusiastic about it. Any provision brought in to help people can be subject to abuse, but that should not stop one from trying to help them if one can....

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: I can listen and take advice at the same time. I can hear what the Senator is saying.

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: I thank the Senators who contributed for their helpful advice and recommendations. My colleague, Senator Kett, asked if we had reached the 3% target right across the public service. The latest figures indicate that we have reached 2.7%, which is fairly close to the 3% target, but we will not become complacent if we reach the 3% target. Our aim is to improve on that figure. Senator Tuffy...

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: We will return to those bad times if we pursue policies which take no account of what is coming into the Exchequer. The reality is that the Government has a serious commitment to assisting people with disabilities. Currently we have done something which is done on very rare occasions in regard to legislation which Members of the Oireachtas, either Dáil or Seanad, have not yet seen. We have...

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: The measures I bring before the Seanad today are intended to meet Ireland's obligations as a member of the European Union to implement Community initiatives provided for under Council Directives 2000/43/EC and 2000/78/EC, adopted under Article 13 of the EC Treaty, and Council Directive 2002/73/EC, adopted under Article 141 of the treaty. The directives, commonly known as the "equality...

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: I might become a Member of this House.

Seanad: Services for Victims of Domestic Violence: Statements. (28 Jan 2004)

Willie O'Dea: I thank Senators for raising this matter and giving me the opportunity to update the House on what is happening on this important issue. Most Members of the House will be aware that domestic violence is a serious problem and a complex social issue. Most Senators will also be aware that this is not confined to our country, but is a feature of most societies. There are many definitions of...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: This amendment seeks to amend section 10(1) of the principal Act to provide for the reduction in the compulsory period of pre-confinement maternity leave from four weeks to two weeks. Senators may recall that, during the debate on Second Stage, I undertook to examine the possibility of reducing the pre-confinement period of maternity leave. I am aware that the current four-week compulsory...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: I thank the Senator for her suggestion and am advised there is nothing wrong with the amendment as proposed as it does no violence to the legislation. However, I am further advised that the position is already covered. Section 8(2) of the principal Act, as amended by section 2 of the Bill, provides that section 13(2) may be amended by ministerial order, made with the consent of the Ministers...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: I understand the thinking behind the amendments. There are, however, two reasons which prevent us from accepting them. As Members are aware, what the working group, which consisted of a number of interested parties, agreed is, in effect, a compromise. Employers were asked to agree to certain things and while they did not consent to everything, they acceded to a number of points. Trade union...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: Senator Terry referred to the breastfeeding provisions. Following her contribution on Second Stage, I undertook to discuss this issue with my officials and various other parties to ascertain whether I could table an amendment to address the Senator's well argued point. However, I have tabled an amendment to meet the Senator's concerns, which we will discuss later. There are several types of...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: This is a drafting amendment. Amendment agreed to. Amendment No. 6 not moved.

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: This amendment is necessary to reflect more closely the intention of the maternity working group and to ensure consistency with the Parental Leave Act 1998. Currently, section 5 of the Maternity Protection (Amendment) Bill 2003 provides that determination of additional maternity leave, in the event of sickness of the mother, must be at the discretion of the employer. However, the intention of...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: The reply to Senator Terry's question is, unfortunately, "No". It is a matter which must be arrived at by mutual agreement, which obviously requires agreement by both sides. If one side, namely, the employer, does not agree, unfortunately, it cannot then happen. There is no appeal or other recourse, as I understand the situation. Amendment agreed to. Amendments Nos. 8 to 11, inclusive, not moved.

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: The reasoning behind this amendment is the same as I outlined on a previous amendment, namely, to reflect more closely the intention of the maternity working group and to ensure consistency with the Parental Leave Act 1998. Here again, the intention is that the employee and employer should agree the date on which leave is terminated, rather than giving the employer the sole discretion to...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: Section 6(2) of the Bill provides that an employee may request to postpone her maternity leave with effect from a date she selects, but only if the period of maternity leave concerned which she has taken on that date is not less than 14 weeks and that not less than four of those weeks are taken after the end of the week of confinement. The pregnant workers' directive, No. 92/85/EEC, provides...

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