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

Caoimhghín Ó Caoláin: We are in a position to resume. I invite the Minister of State, Deputy Stanton, to resume his opening remarks.

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

Caoimhghín Ó Caoláin: I thank the Minister of State. We have an indication of Government acceptance of Deputy Shortall's amendment. However, I offer the opportunity if either Deputy Brophy or Deputy Chambers would like to say anything at this point. If they are happy we can proceed.

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

Caoimhghín Ó Caoláin: Collective agreement sounds like a good idea.

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

Caoimhghín Ó Caoláin: I thank the Minister of State. His intentions for report Stage are noted.

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

Caoimhghín Ó Caoláin: If there is agreement, and if it is an impediment to the Committee Stage progress of the Bill, we can put the question "That section 3 be deleted.". Is that an answer, or what would the Minister of State suggest from his own analysis? He will appreciate that this is the first I have heard of this.

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

Caoimhghín Ó Caoláin: I think it is within our scope to delete the section from the Bill. It can be revisited on Report Stage.

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

Caoimhghín Ó Caoláin: Deputy Shortall would return on Report Stage with a suitably-worded proposition that will overcome the difficulty.

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

Caoimhghín Ó Caoláin: With respect, I do not think the Minister of State is precluded from offering amendments. We have already dealt with other Private Members' Bills, and there have been amendments to them.

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

Caoimhghín Ó Caoláin: We are trying to tease out whether it is only a procedural situation at this point. This is the first time that this has been presented in the way that it has, and I am endeavouring to be guided by what I am hearing. Acknowledging the Minister of State's experience and the support of his Department, if he is telling me that we are not in a position to proceed with section 3 as presented at...

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

Caoimhghín Ó Caoláin: That is an alternative wording.

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

Caoimhghín Ó Caoláin: I have no doubt that Deputy Shortall would be in a position to bring that forward.

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

Caoimhghín Ó Caoláin: Nothing in my knowledge of the progress of legislation tells me that she could not. The Minister of State has suggested, rather than wording the proposition as I suggested initially, that I word it in the positive and members agree that it does not stand part of the Bill.

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

Caoimhghín Ó Caoláin: I am anxious to proceed. That was the purpose and intent of the committee and we are just carrying through what the committee has already mandated us to do. With the advice that is open to the Minister of State is he absolutely of a mind, and is it his understanding, that we are not in a position to allow section 3 stand at this juncture? Flawed though it may be, are we not in a position...

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

Caoimhghín Ó Caoláin: My understanding is that on any matter relevant to the legislation that is raised, just as the Minister of State has done on section 3, Deputy Shortall is in a position to revisit on Report Stage. Nothing in my experience tells me there is anything other than that. I would not seek to misguide the Deputy that she was running the risk of this matter falling off the table.

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

Caoimhghín Ó Caoláin: This is my understanding, and let me be corrected by anyone who knows to the contrary, and silence, in my opinion, has to mean agreement with what I have just said. In that case, I propose to put the proposition in the positive and the members can indicate they do not agree. That is a reasonable approach. The proposition was, in the absence of amendments to section 3, that section 3 stand...

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

Caoimhghín Ó Caoláin: Yes.

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

Caoimhghín Ó Caoláin: We are just dealing with section 4 at this point in time.

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

Caoimhghín Ó Caoláin: The Minister of State's concerns in that regard are noted but the committee did make its own judgment call, which is its prerogative.

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

Caoimhghín Ó Caoláin: The Minister of State might like to respond to Deputy Chambers before we come back to Deputy Shortall.

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

Caoimhghín Ó Caoláin: Given the Minister of State's response was to Deputy Chambers's question directly, did the Deputy indicate that he might like to come back?

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