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Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: As I said in the context of the last debate, during Committee Stage we had a very extensive debate about the rate of pay issue and a number of Senators raised issues and expressed concerns about rates being set at a rate lower than 100%, the potential impact that could have on uptake and, most importantly, recognising, as we do now, the specific nature of coercive control and the degree of...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: I thank the Senators for their contributions. What the amendments the Government brings forward today do is ensure that the knowledge and information about the specific impact, in particular in the case of coercive control in terms of control over bank accounts and knowledge of income a victim of DSGBV is receiving, are used to make sure they can be central to a decision taken on the rate....

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: This amendment seeks to substitute the term "in loco parentis" with the phrase "providing parental care" and support. The term "in loco parentis" is used elsewhere in this legislation. Having taken advice on this, we are satisfied that the current wording will cover foster care arrangements. The current wording is sufficient regarding foster care which was raised on Committee Stage. More...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: Section 8 inserts a new Part IIA into the Parental Leave Act 1998 to provide a right to request flexible working for parents and carers. The proposed amendments would amend the new section 13B which provides for the range of persons for whom the leave can be taken. Part IIA has been carefully drafted to ensure that the directive is correctly transposed and provides the right to parents and...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: I understand what the Senators are trying to do here but I genuinely do not believe it is needed because of the other provisions of the Bill. The Senators are trying to amend the age limits for a child with a disability or long-term illness for which a request for a flexible working arrangement can be made. The age limits for relevant parents to request flexible working arrangements for...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: The entitlement to many forms of family leave requires a minimum period of employment. For parental leave and carers' leave, for example, there is a minimum period of one year, while for statutory sick leave a period of 13 weeks of continuous service is required. Indeed, the work-life balance directive does envisage a notice period for flexible working arrangements. I understand what the...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: The new section 13C to be inserted into the Parental Leave Act sets out the obligations on an employer to consider a request for flexible working and the process and time limits to be followed. The provision sets out that an employer must consider his or her own needs and the employee's needs. I appreciate that the amendment is seeking to add more detail to this point but there is a risk...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: These amendments seek to amend the process around termination due to seasonal variations in the volume of work. We had a good discussion about this with Senator Higgins on Committee Stage. I set out my view as to why these amendments are unnecessary at that point. The provisions of the Bill do not preclude employees from making a request for a follow-on flexible or remote working...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: As previously discussed the new subsection (13)(h) inserts a review clause for provisions under the new Part 2A of the Parental Leave Act 1998. We discussed this on Committee Stage. I know Senator Black was not here, but she was ably represented by her colleague on this issue. I have brought amendments which make explicit in the legislation that the review will include a consideration of...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: I hope the Senator is here too, and not in the other House. I wish her the best on retaining her seat in the Seanad for as long as she would like. That would make me very happy indeed, as she is my beloved constituency colleague. It is important that we mark where we want to go, and that is where I want to go too. The point at which flexible and remote working interlock was agreed between...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: There was a significant discussion on Committee Stage about some of the GDPR provisions. I reflected on the points made by Senator Higgins. I was unable to accept her amendments then and I am not in a position to accept the amendments she will be putting forward today. However, I have tried to go some way in addressing some of the GDPR issues she raised, particularly issues pertaining to...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: We believe that eight years is a correct assumption. We looked at the situation and had a previous discussion with Senator Higgins regarding it. We believe the figure we arrived at for the number of years is a fair balance.

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: We reflected on this and sought legal advice on it. I asked my team to consider whether we would table an amendment to take account of the position outlined by Senator Higgins. It was very much the view that the requirements of the general data protection regulation, GDPR, mean an employer must destroy records when it no longer has a legal basis for holding them. That is now the position...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: This is a very technical amendment to reflect the title of the relevant Minister, namely, the Minister for Public Expenditure, National Development Plan Delivery and Reform.

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: The proposed amendments are quite similar to those we discussed. I will make similar points regarding them. Seasonal variation can be built into a flexible working arrangement and very much form part of that. There may be situations where it disadvantages an employee to immediately revert to the original arrangement. I do not share the Senator's concern that seasonal variations will be...

Seanad: Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage (1 Mar 2023)

Roderic O'Gorman: I share the objective in ensuring what we do is trans inclusive. It is important, however, we understand the Interpretation Act we are bound by. The legislation must be read in accordance with the provisions of the Interpretation Act. That allows us to read this provision in a way that is trans inclusive. It is particularly the view of the Parliamentary Counsel, from which we have to take...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: International Protection (1 Mar 2023)

Roderic O'Gorman: The Accommodation Recognition Payment, provided under the Civil Law (Miscellaneous Provisions) Act 2022, is a tax-free monthly payment available to those providing accommodation to Ukrainians who arrived in Ireland under the EU Temporary Protection Directive since March 2022. The rate of payment doubled from €400 per property per month to €800 with effect from 1 December 2022....

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Early Childhood Care and Education (1 Mar 2023)

Roderic O'Gorman: Early learning and childcare (ELC) providers are private entities and set their own admissions policies which are agreed with or offered to a parent. An overwhelming majority of these providers are also in contract with my Department to deliver a range of programmes, including the Early Childhood Care and Education (ECCE) Programme. The ECCE programme is a universal fully funded two-year...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Maternity Leave (1 Mar 2023)

Roderic O'Gorman: Provision for maternity leave for Members of the Oireachtas has been under active consideration by my Department and advanced significantly in 2022. Officials in my Department have been examining the legal and operational issues relating to the introduction of a scheme of maternity leave for Members of the Oireachtas. Some aspects were identified that would benefit from the consideration...

Written Answers — Department of Children, Equality, Disability, Integration and Youth: Departmental Projects (1 Mar 2023)

Roderic O'Gorman: I propose to take Questions Nos. 132 and 133 together. In March 2022, the Government approved high-level proposals for a National Centre for Research and Remembrance to be located on the site of the former Magdalen Laundry on Sean McDermott Street in Dublin 1. The Centre will stand as a site of conscience, and will be a national memorial to honour equally all those who were resident...