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Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: I thank Members for their comments. I agree that there is something ingrained in Irish culture which results in us being at the bottom end of the breastfeeding league. We compare unfavourably to some continental countries in which levels are as high as 99%. However, we are starting from a low base. Ten years ago, some of those countries with levels in excess of 90% had levels of approximately...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: While I understand what she is aiming at, Senator Terry's amendment would have the effect of reducing the employee's rights under the Bill. Her amendment is contrary to the recommendations of the maternity working group. While I acknowledge it probably was not the intention, as it stands the amendment would restrict breastfeeding breaks to the workplace. It takes no account whatsoever of...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: The difficulty is that it will make no difference whatsoever whether we delete or leave it. It was included to reflect the decision of the Supreme Court. If we delete it, we are still bound by the—

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: This is the law. The law in this country is subject to the Constitution. The Supreme Court is often called on to decide what the Constitution means and this is what it means in this context, according to the Supreme Court. I take the Senator's point that it gives a negative aspect to the Bill. If there is no overwhelming legal difficulty in removing it and in view of the fact it is the law...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: There are two options. The employer must provide the facilities or, if he cannot do so for some reason or other, he must give the employee paid time off to avail of breastfeeding facilities. Due to the nature of the business we do in Leinster House, I imagine the facilities will be provided. I am a busy constituency Deputy and a busy Minister of State, so I will not personally make the...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: We are considering that carefully with a view to drawing up a regulation to supplement the Bill's provisions. That sort of detail is not appropriate for primary legislation. Detailed regulations will set matters out specifically. I take the Senator's point that we may have to deal with different businesses in different ways.

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: I see the point of the Senator's amendment. However, I am advised that it does not necessarily improve the text. Subsection (1) does more than provide for notification to the employer. To make reference to it in the manner proposed in the amendment does not convey its full content and the proposed construction is contrary to normal drafting convention. The advice is that the subsection is...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: The amendment proposes to delete section 9 of the Bill, as initiated, in order to remove subsections (1A)(a), (b), (c) and (d) and any consequential references and to insert a new section 9 in the Bill which applies the appropriate increases to the periods of fathers' leave under section 16 of the principal Act, consequential to a previous Government amendment. Subsections (1A)(a), (b), (c)...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: Yes.

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: The maternity protection and paternity leave schemes are concessions granted by employers to employees. The schemes apply only to people who are employed, as we understand the term "employed". A person who is self-employed is, in effect, employed by himself or herself. It is possible that a person who forms a company or is the managing director of a company is under a contract of employment...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: That is true, as long as he is not entitled to some other form of social welfare.

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: He could be entitled to disability benefit.

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: I accept the Senator's point.

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: This is one of the series of consequential amendments that result from the deletion of section 9. Amendment agreed to.

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: This section makes no change whatsoever to existing law. Its purpose is to incorporate the relevant provisions contained in SI 337 of 2001 into the maternity protection and unfair dismissals legislation by amending the Maternity Protection (Amendment) Bill 2003 to provide for the repeal of the provisions of the statutory instrument. If anyone needs me to go through that in more detail, I will...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: This makes no substantive change to the law. Section 22 of the Maternity Protection (Amendment) Bill 2003 provides for the amendment of Schedule 3, paragraph 5 of the Redundancy Payments Act 1967 to take account of the new rights to time off to attend antenatal classes and breastfeed. The proposed amendments to section 22 are necessary to ensure consistency with the new provisions contained...

Seanad: Maternity Protection (Amendment) Bill 2003: Committee Stage. (2 Dec 2003)

Willie O'Dea: I thank everyone who contributed. I take all the points which have been made about the fact that Leinster House is not exactly a shining beacon to which people can look in terms of facilities for female Members. However, the new commission which has been established to run the affairs of the House will be bound by the terms of this legislation. I will communicate the suggestions made in this...

Seanad: Immigration Bill 2002 [Seanad Bill amended by the Dáil] : Report and Final Stages. (3 Jul 2003)

Willie O'Dea: I thank all Senators for their contributions to this very important legislation. In relation to a few points that have been made, the explanatory memorandum, prepared by officials in the Department of Justice Equality and Law Reform, has been on the Department's website since 23 June. Since then it has been available for scrutiny by Members of both Houses, interest groups and all members of...

Seanad: Immigration Bill 2002 [Seanad Bill amended by the Dáil] : Report and Final Stages. (3 Jul 2003)

Willie O'Dea: There was obviously plenty of time to consider it.

Seanad: Adjournment Matters. - Murder of Councillor. (25 Jun 2003)

Willie O'Dea: On behalf of the Minister for Justice, Equality and Law Reform, I thank Senator Higgins for raising this matter and for providing me with an opportunity to address it. Let me state, unequivocally, my abhorrence at the heinous murder of Mr. Eddie Fullerton, who was at the time a Sinn Féin councillor on Donegal County Council, in the early hours of the morning of 25 May 1991. The attack was...

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