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Written Answers — Department of Justice and Equality: Direct Provision Data (22 May 2018)

David Stanton: On 6 May 2018, the Reception and Integration Agency area of my Department had contracts for 35 accommodation centres for protection applicants, located throughout the State.  Details of their location, whether they are owned privately or by the State and the name of the contractor concerned are provided in the following table. - County Centre Ownership / Address Contractor 1 Clare...

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: I thank the Chair. It is good to be back here again. I am happy to have the opportunity again to discuss the Parental Leave (Amendment) Bill 2017. I would like to make a few remarks before we discuss the individual sections and the amendment put forward by Deputy Shortall.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: I will go through some of it anyway. There is not a lot there. I think we are all agreed that this proposed legislation impacts on a number of important policy areas, including childcare, gender equality issues and other areas. Once one starts bringing forward legislation in this area, it impacts on other policy areas. It is good practice, as the Chairman himself said, to invite...

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: As I was saying before the division in the House, this is important legislation which impacts on significant policy areas, including childcare and gender. I am surprised and a bit disappointed, therefore, that we have had no opportunity to consult with the stakeholders who will be impacted in both positive and negative ways. It is one of the issues with Private Members' Bills which I have...

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: I agree with Deputy Shortall's proposal to extend the qualifying age from eight years to 12 years. The Government will not oppose the amendment and in fact supports it. I mentioned earlier that the Government intends to bring amendments forward on Report Stage, and this is one that we had prepared. We are in sync with the Deputy on that one. As every member of the committee will accept,...

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: I wish to comment on the section's amendments. Section 2(a) of the Bill amends the Parental Leave Act 1998 to extend family leave from 18 weeks to 26 weeks. It could be argued that this is a rapid increase, a case of too much too soon, and could have an adverse effect on some businesses, especially small businesses and employers, if it was implemented in one fell swoop. The Government may...

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: Section 3 of the Bill amends section 7 of the Parental Leave Act 1998 to update the criteria or the manner in which leave can be taken. There is an issue here. The Chair might assist on this. The proposed amendment in section 3(a) of the Bill raises an issue, as it seeks to replace references to "18 working weeks" in subsection (7)1 of the Act. However, there is a problem with the...

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: What it actually means is if that section 3 really and truly cannot be taken because it does not make sense, in my view.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: We are in the hands of the committee on this, but when the Bill as proposed has a built-in flaw, which we have identified, we cannot actually allow the section to go forward. It is not possible to do it, because it deletes something which is not in the Bill.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: The Bill as drafted suggests that the phrase "18 working weeks" be deleted, but that particular part of the Act mentions "14 weeks", not "18 working weeks". It is a technical flaw.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: We do not have a proposal to amend it before us.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: It is a Private Members' Bill. We are working on something completely new here, and it has moved very quickly.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: I have said we will deal with it on Report stage, but the section here cannot be moved.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: If the committee puts the question "That section 3 stand part of the Bill." and we all agree that it does not, then it does not go forward.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: I have already signalled that it is my intention to bring amendments forward on Report Stage, and this would be one of them.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: It is nonsensical because it speaks about deleting something that does not exist.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: We cannot delete something that does not exist.

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: If the Chairman wants to adjourn and return another day I am-----

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: With the greatest of respect, the proposal is to delete something that does not exist in the actual legislation. It does not exist. It would do something that is not possible to do. The cleanest way out of it would be to not let this stand and return to it on Report Stage when we can recommit the Bill in the Dáil, if necessary, to tease it out further when we are on Report Stage....

Select Committee on Justice and Equality: Parental Leave (Amendment) Bill 2017: Committee Stage (16 May 2018)

David Stanton: The proposed amendment in section 3(a) of the Bill raises an issue, as it seeks to replace references to "18 working weeks" in subsection (7)1 of the Act. However, there is a issue with the amendment in that neither subsection 7(1)(a) nor section 7(2)(a) include references to "18 working weeks", but refer to "14 weeks". As the committee will appreciate, it is not possible to replace text in...

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