Results 12,521-12,540 of 12,604 for speaker:Willie O'Dea

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

Willie O'Dea: It is necessary for legal reasons for the employee to choose to take resumed leave or to forfeit that leave. The directive on pregnant workers prohibits the dismissal of an employee from the beginning of her pregnancy to the end of her maternity leave, save in exceptional circumstances not connected with the employee's condition. The Maternity Protection Act 1994 extends this protection to...

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

Willie O'Dea: My advice is that the term "writing" includes e-mail communications. Question put and agreed to. SECTION 7.

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

Willie O'Dea: Section 7 provides a new entitlement to time off from work to attend antenatal classes. It is necessary to amend this section by the insertion of a new subsection (3) to provide for exclusions for members of the Defence Forces and the Garda Síochána serving overseas or in other exceptional circumstances. The Department of Justice, Equality and Law Reform was contacted by the Defence Forces...

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

Willie O'Dea: I agree. Amendment agreed to.

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

Willie O'Dea: The way in which the section is constructed obscures what is effectively a compromise between the social partners who deliberated on the matter. The working group recommended that provision be made in legislation or in regulations for paid time off for mothers to attend one complete set of antenatal classes. At least, three of the classes are to be taken during the pre-confinement maternity...

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

Willie O'Dea: I will have this examined between now and the next Stage, which should be Second Stage in the Dáil.

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

Willie O'Dea: To maintain consistency with national breastfeeding policy, which was changed by the Minister for Health and Children on 5 August 2003 to promote exclusive infant breastfeeding for the first six months, I propose to amend the provisions contained in section 8 to now provide an entitlement to breastfeeding breaks in the workplace or reduced hours to breastfeeding employees who have given birth...

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

Willie O'Dea: I thank Members for their comments. I agree that there is something ingrained in Irish culture which results in us being at the bottom end of the breastfeeding league. We compare unfavourably to some continental countries in which levels are as high as 99%. However, we are starting from a low base. Ten years ago, some of those countries with levels in excess of 90% had levels of approximately...

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

Willie O'Dea: While I understand what she is aiming at, Senator Terry's amendment would have the effect of reducing the employee's rights under the Bill. Her amendment is contrary to the recommendations of the maternity working group. While I acknowledge it probably was not the intention, as it stands the amendment would restrict breastfeeding breaks to the workplace. It takes no account whatsoever of...

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

Willie O'Dea: The difficulty is that it will make no difference whatsoever whether we delete or leave it. It was included to reflect the decision of the Supreme Court. If we delete it, we are still bound by the—

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

Willie O'Dea: This is the law. The law in this country is subject to the Constitution. The Supreme Court is often called on to decide what the Constitution means and this is what it means in this context, according to the Supreme Court. I take the Senator's point that it gives a negative aspect to the Bill. If there is no overwhelming legal difficulty in removing it and in view of the fact it is the law...

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

Willie O'Dea: There are two options. The employer must provide the facilities or, if he cannot do so for some reason or other, he must give the employee paid time off to avail of breastfeeding facilities. Due to the nature of the business we do in Leinster House, I imagine the facilities will be provided. I am a busy constituency Deputy and a busy Minister of State, so I will not personally make the...

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

Willie O'Dea: We are considering that carefully with a view to drawing up a regulation to supplement the Bill's provisions. That sort of detail is not appropriate for primary legislation. Detailed regulations will set matters out specifically. I take the Senator's point that we may have to deal with different businesses in different ways.

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

Willie O'Dea: I see the point of the Senator's amendment. However, I am advised that it does not necessarily improve the text. Subsection (1) does more than provide for notification to the employer. To make reference to it in the manner proposed in the amendment does not convey its full content and the proposed construction is contrary to normal drafting convention. The advice is that the subsection is...

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

Willie O'Dea: The amendment proposes to delete section 9 of the Bill, as initiated, in order to remove subsections (1A)(a), (b), (c) and (d) and any consequential references and to insert a new section 9 in the Bill which applies the appropriate increases to the periods of fathers' leave under section 16 of the principal Act, consequential to a previous Government amendment. Subsections (1A)(a), (b), (c)...

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

Willie O'Dea: Yes.

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

Willie O'Dea: The maternity protection and paternity leave schemes are concessions granted by employers to employees. The schemes apply only to people who are employed, as we understand the term "employed". A person who is self-employed is, in effect, employed by himself or herself. It is possible that a person who forms a company or is the managing director of a company is under a contract of employment...

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

Willie O'Dea: That is true, as long as he is not entitled to some other form of social welfare.

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

Willie O'Dea: He could be entitled to disability benefit.

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

Willie O'Dea: I accept the Senator's point.