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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Yes.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I did consider that option. When framing this legislation, there were three Acts that we had to go through to amend, the Local Government Act 2001, the Maternity Protection Act 1994 and the Social Welfare Consolidation Act 2005. As we were working through the current legislation in place, we found that section 50 of the Social Welfare Consolidation Act is clear on the requirements of...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: That is correct. Hopefully, the payment will allow women to have security and a clean break.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Yes. In 2017, a change was made from class K to class S, which qualifies them for maternity benefit.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I understand the Deputy's genuinely-held views on the issue. Currently, the council decides, by resolution, what nominees go on the various statutory and non-statutory bodies. If is difficult to prescribe, in primary legislation, for a local authority to act in particular circumstances. I am not sure if we could do that. I did look at it. However, from talking to local authority members...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Absolutely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I thank the Senator for her contribution and for her positive comments on my team. In the first instance, this is a right that will be set down in primary legislation. It is not the case that there will be any adjudication of a woman's right to go on maternity leave. That is very clear under the law. It will be specifically prescribed, under the legislation, that an officeholder will step...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I am happy to take those comments on board. As the committee prepares its pre-legislative scrutiny report, I will remain absolutely open to ideas and suggestions regarding this Bill including any additions or safeguards the members want included. I have done this in a very open manner because this is for us all. This legislation is an attempt to rectify a human rights issue and to ensure...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I hear what the Deputy is saying. In the first instance, we have engaged with all of the political parties on this Bill. I feel they are going to work with women. Women are first here with regard to who they want to take up the position as temporary substitute. I do not see political parties standing in the way of who they would nominate. I hope I am not being naive in that but I...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Absolutely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: That is what I am getting from the engagement I have had with the national parties. The Deputy mentioned the gratuity. It has been a very talked about issue among councillors. I always want to be very straight and clear with local authority members about what I can and cannot do. I was very honest with them because the Moorhead report recommended setting up a committee to look at pension...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: That is why we have increased the pay to ensure we get that better participation and the flexibility. I was at the AGM for Westmeath County Council. One lady had logged on remotely and another gentleman was recuperating in hospital. There can be pros and cons when meetings are so accessible but there is that flexibility built into the system.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: We are happy to attend any time to seek the committee's advice on the changes we are bringing through. We look forward to the report on pre-legislative scrutiny of this current Bill but as we go through other significant changes for reforming the way local authority members go about their business, we will be happy to keep the committee informed and seek its views at every juncture along the...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I thank Senator Maria Byrne. It is 26 and 16 weeks for maternity leave and it is 18 months for illness if somebody is very sick and needs that support. We are happy to work with the Senator on any suggestions she has. For the individual who is going on maternity leave, it should be their choice. That is how we are framing this policy piece around this legislative change. It would be...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I thank Senator Boyhan for his kind words. He is dead right that there is a huge issue with retention throughout the country. I have seen some very good local authority members who, unfortunately, have left the field. We are at a loss without their service, which was very important, and I saw that my own local authority area. In terms of mental health, the Local Authority Members...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I am happy to take that on board. I have often spoken about retention during my tenure at the Custom House. The council chamber needs to reflect the society that it serves in gender, diversity, age and all other strands. It needs to reflect all sectors of society, whether business owners, teachers or community workers and all other avenues of life that make up society. Our aim in life as...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Absolutely. We are trying to go down that avenue with the reforms in local authorities. I remember when we had our first baby. I was in a local authority. Working full time and trying to hold down council duties too was very challenging. The office that I worked for was close to the council chamber. I had an employer who was willing to give me a little slack to go to the council...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I appreciate that.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: That is a fair point.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I thank the Chairman.

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