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Seanad: Maternity Protection (Amendment) Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (8 Jul 2004)

Willie O'Dea: This arose in the Dáil and I wrote to Deputy Moynihan-Cronin as a result, giving her my interpretation of the relevant section, section 10. It states that if a woman dies after the birth of a child then the father is entitled to a certain amount of time off. The Bill goes on to state that if the mother dies before the expiry of the 16th week following the week of her confinement, the period...

Seanad: Maternity Protection (Amendment) Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (8 Jul 2004)

Willie O'Dea: Amendment No. 14 to section 20 corrects an omission relating to the notification of intention to return to work from a period of resumed leave in a case where the employer had waived the right to receive notification from the employee of the intention to take resumed leave. I am satisfied these amendments have improved the provisions of the Bill by offering more flexibility to employees in...

Seanad: Equality Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (7 Jul 2004)

Willie O'Dea: I thank Senators for their contributions to this legislation, which were well considered and constructive. I had the pleasure of bringing this Bill before the Seanad only five months ago. I was happy to accept substantive amendments in this House and I subsequently accepted further amendments in the Dáil, having reflected on a number of issues first raised by Senators. The Bill has been...

Seanad: Equality Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (7 Jul 2004)

Willie O'Dea: I forgot to announce that because of a typographical error, there is a superfluous "and" on page 41, at the end of line 15. In accordance with Standing Order 121, I am requesting the Cathaoirleach to direct the Clerk to make the necessary correction. I sincerely thank Senators Brian Hayes, Ryan and Walsh for their very kind comments. As I stated in the course of my reply, the Bill reflects a...

Seanad: Commissions of Investigation Bill 2003: Report and Final Stages. (7 Jul 2004)

Willie O'Dea: I wish to make two points in response to Senator Hayes. On the issue of clerical sexual abuse against children in Dublin, I am informed that the television programme which highlighted that issue prompted the Bill. The Senator suggested that this be the first item to be considered by one of the new commissions. I shall convey that to the appropriate people. On the question of Ministers being...

Seanad: Commissions of Investigation Bill 2003: Report and Final Stages. (7 Jul 2004)

Willie O'Dea: Amendment No. 8 seeks to amend section 12(3), the provisions of which must be considered in the context of the whole section, as must the amendment. Section 12(1) provides that a witness must be informed about any evidence received by a commission which may be relevant to him or her or to the evidence he or she is about to give. Under section 12(2), a commission is not required to reveal the...

Seanad: Commissions of Investigation Bill 2003: Report and Final Stages. (7 Jul 2004)

Willie O'Dea: The arrangements in section 35, to which I have just referred, are designed to ensure that fair procedures and natural justice are respected. Persons who are to be named in reports are to be notified and given an opportunity to have changes or corrections made where they believe fair procedures were not respected. Persons may seek an order from the High Court to require changes to or the...

Seanad: Commissions of Investigation Bill 2003: Report and Final Stages. (7 Jul 2004)

Willie O'Dea: I thank Senators for their valuable contributions and acknowledge the contributions of Deputies in the Lower House also. Despite the fact that I could not accept any amendments today, the final shape of the Bill reflects substantially the contributions made by the Opposition. Many of the amendments suggested by Fine Gael and Labour Party Members have been taken on board, sometimes in their...

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Willie O'Dea: We had a long debate about this at the Select Committee on Justice, Equality, Defence and Women's Rights when maternity protection legislation was being discussed. I pointed out a difficulty, namely, that if somebody on additional maternity leave went out sick, it would mean, in accordance with the recommendations of the committee's working group, that provision would have to be made that the...

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Willie O'Dea: Again, the difficulty with this amendment is that the maternity working group wanted a situation where the leave would end immediately after the child came out of hospital. In order to provide some flexibility, we managed to get in a period of seven days. However, I believe it would be undesirable to extend it. We have moved from the original position recommended by the working group. To make...

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Willie O'Dea: I am happy to accept this amendment, which I believe improves the text of the Bill. I thank Senator Tuffy and her drafting advisers.

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Willie O'Dea: Frankly, I did not understand the thinking behind the amendment although the Senator has now explained it. I believe the situation she is worried about is addressed. I will give her the official response and we may discuss it further if she wishes. The purpose of this section of the Act is to make the employee's job secure while absent from work on adoptive or additional leave. This section...

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Willie O'Dea: They say that an open confession is good for the soul. I confess that we got it wrong and I accept both amendments. I thank Senator Tuffy.

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Willie O'Dea: When we try to process legislation and publish it as quickly as possible, I am told there are vacancies in the Parliamentary Counsel's office. Perhaps I could speak to Senator Tuffy afterwards about that because she has it right again and I accept the amendment.

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Willie O'Dea: I take Senator Tuffy's point in regard to amendment No. 15. The main objective of the legislation is to amend the Adoptive Leave Act. It has to amend the 1995 Act in any event. However, in the Long Title to a Bill we must describe accurately everything the Bill does, in so far as we can. The Bill before us amends the Unfair Dismissals Act and also the redundancy payments legislation....

Rights of People with Disabilities: Motion. (18 May 2004)

Willie O'Dea: The Government's commitment to producing a disability Bill was part of the programme agreed with the social partners in Sustaining Progress, and that commitment will be met. The concept of partnership which underpins various national agreements has also been a feature of the preparation of this Bill, which has as its focus the participation of people with disabilities in society. It was...

Rights of People with Disabilities: Motion. (18 May 2004)

Willie O'Dea: The personal advocate will assist, support and represent the person in applying for and obtaining a social service and will help pursue any right of review or appeal in connection with that service. It is intended that outline sectoral plans will be published at the same time as the disability Bill. As I mentioned, the plans are intended to set out a range of actions to make physical...

Rights of People with Disabilities: Motion. (18 May 2004)

Willie O'Dea: There has been much debate on the question of rights-based legislation, the complexities of which the Minister for Defence, Deputy Michael Smith, has already addressed. The Bill will establish entitlements to assessment of need, to services set out in a related service statement and to redress if the assessment or the services are not provided. The Bill cannot ignore the reality that funding...

Rights of People with Disabilities: Motion. (18 May 2004)

Willie O'Dea: The Government is committed to publishing a disability Bill at the earliest possible date.

Rights of People with Disabilities: Motion. (18 May 2004)

Willie O'Dea: I do not accept the allegations of a delay. There is no plot to delay the Bill. There is real work taking place across a range of Departments to deliver two Bills — the disability Bill and the Comhairle (amendment) Bill — and six draft sectoral plans. The issues involved are complex and cut across a broad range of policy areas. The Bill remains a Government priority and it will be...

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