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Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation (10 Nov 2022)

Roderic O'Gorman: As I said in reply to Deputy Sherlock, research has been commissioned following the amendment tabled by Deputy Bacik's colleagues in the Seanad, particularly regarding leave for women who have suffered miscarriages, especially prior to 24 weeks. As the Deputy will be aware, women who are subject to a miscarriage are able to avail of maternity leave. That research is taking place in three...

Saincheisteanna Tráthúla - Topical Issue Debate: Ukraine War (10 Nov 2022)

Roderic O'Gorman: I thank the Deputy for his question and points. As the House knows, my Department is providing accommodation for more than 62,000 people. Some 45,000 of those are displaced from Ukraine and almost 17,000 are international protection applicants. This compares with around 7,500 last year. To put it in context, this is equivalent to 1.3% of the State's population. Our pre-Covid annual total...

Saincheisteanna Tráthúla - Topical Issue Debate: Ukraine War (10 Nov 2022)

Roderic O'Gorman: I thank Deputy Durkan. I take the Deputy's point on the importance of standards. We will always look to provide good standards of accommodation. We must realise, however, that temporary accommodation is temporary in nature and the standards will be different from permanent accommodation. We must also remember that people arriving here from Ukraine are fleeing sub-zero temperatures coming...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I am pleased to be here to debate this Bill. As I said on Second Stage, it is Ireland's most ambitious legislation directed solely at improving work-life balance. I look forward to our discussions today. The Bill not only transposes the EU work-life balance directive, but it will also help to fulfil a number of programme for Government commitments for parents and carers. It will deliver a...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: The Bill as initiated inserts a new subsection (3A) into section 6 of the principal Act to provide for workers who have had successive temporary contracts with the employer in the last six months to be deemed as having had a continuous period of service for the purpose of calculating the qualifying period. The amendment, as drafted, would appear to reduce the six-month or 26-week period to...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No. 2: In page 5, line 34, to delete “ “sickness”;” and substitute “ “sickness”,”. Amendment No. 2 is grouped with amendments Nos. 3, 4, 8, 34 to 38, inclusive, and 44. All of these technical amendments are to correct grammatical errors. Government amendments Nos. 2 to 4, inclusive, and amendment No. 8 deal with...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No 3: In page 6, line 4, to delete “after section 13”.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: I move amendment No. 4: In page 6, line 15, to delete “employee; or” and substitute “employee;”.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: This set of amendments intend to remove from the Bill the provisions related to the ability of an employer to seek relevant evidence of the circumstances in which an employee is taking leave for medical care purposes. The central part of the policy development from a data protection perspective is that the design of the system should seek to achieve the minimum invasion of privacy rights, be...

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: There are a range of ways in which the necessary evidence can be provided to the employer, and the employee could engage with the employer on what would be the requisite levels of evidence that may not require the level of detail the Deputy is suggesting.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Again, there is an ability for the employee to engage with the employer regarding the type of evidence that is required to base a grant of leave under that provision.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: In that case, there are provisions under the Workplace Relations Commission for actions to be taken if an employee believes an employer is unjustifiably refusing the grant of leave.

Select Committee on Children and Youth Affairs: Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage (8 Nov 2022)

Roderic O'Gorman: Everything that is done under this legislation has to be compatible with the GDPR because, as we know, the GDPR is EU legislation and, therefore, it takes primacy. As I said, I am examining whether it would be helpful to provide an explicit legal basis in this legislation regarding the processing of data. Article 9 of the GDPR and section 46 of the Data Protection Act allow for the...

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