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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: It is something we can look at. I have heard some very significant stories, particularly in our own party in Dún Laoghaire, about women bringing their infants into the chamber for breast-feeding. It was very interesting last night in the Dáil Chamber to see a new baby brought in. Councils can put a framework around that themselves. I do not think we need legislation. A lot of...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Absolutely. Councillor Joanna Byrne of the Deputy's party was on the subgroup. We have established a committee to consider the non-pay aspects of the Moorhead report. In terms of paternity leave, section 18 is not invoked where one would have to take the extra six months or go past the six-month period. We want to put a policy framework around that. As I stated, the most urgent issue was...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Absolutely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I thank the Deputy. I wish to acknowledge Ms Laura Mannion, who has done a significant amount of work on this in my area, as have Mr. O'Leary and Mr. Buggy, in terms of feeding through the subgroups and reflecting the wishes of women. On illness benefit, my intention through the regulation is to have that administrative support. As I stated, I have encountered a few of the very difficult...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I thank the Deputy.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: It was represented. Councillor Clare Claffey was a representative on it.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: They were.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: All parties were requested to submit a nominee, and they did, as far as I can see from the list in front of me.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: It would be up to the local authority in question to decide that. Essentially, if a representative wants to take maternity leave and step away from her role, we will provide her with the support to do that, and with a temporary substitute. However, the representative may wish to remain in her role. Indeed, some women have expressed such a preference, but have stated that administrative...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: It could. It would be up to the local authority in question. Other Deputies raised the issue of breastfeeding. That is a culture change that needs to take place at local authority level and at the coal face.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Yes.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I did consider that option. When framing this legislation, there were three Acts that we had to go through to amend, the Local Government Act 2001, the Maternity Protection Act 1994 and the Social Welfare Consolidation Act 2005. As we were working through the current legislation in place, we found that section 50 of the Social Welfare Consolidation Act is clear on the requirements of...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: That is correct. Hopefully, the payment will allow women to have security and a clean break.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Yes. In 2017, a change was made from class K to class S, which qualifies them for maternity benefit.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I understand the Deputy's genuinely-held views on the issue. Currently, the council decides, by resolution, what nominees go on the various statutory and non-statutory bodies. If is difficult to prescribe, in primary legislation, for a local authority to act in particular circumstances. I am not sure if we could do that. I did look at it. However, from talking to local authority members...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Absolutely.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I thank the Senator for her contribution and for her positive comments on my team. In the first instance, this is a right that will be set down in primary legislation. It is not the case that there will be any adjudication of a woman's right to go on maternity leave. That is very clear under the law. It will be specifically prescribed, under the legislation, that an officeholder will step...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I am happy to take those comments on board. As the committee prepares its pre-legislative scrutiny report, I will remain absolutely open to ideas and suggestions regarding this Bill including any additions or safeguards the members want included. I have done this in a very open manner because this is for us all. This legislation is an attempt to rectify a human rights issue and to ensure...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: I hear what the Deputy is saying. In the first instance, we have engaged with all of the political parties on this Bill. I feel they are going to work with women. Women are first here with regard to who they want to take up the position as temporary substitute. I do not see political parties standing in the way of who they would nominate. I hope I am not being naive in that but I...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022: Discussion (22 Sep 2022)

Peter Burke: Absolutely.

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