Results 61-80 of 12,346 for speaker:Willie O'Dea

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

Willie O'Dea: This amendment seeks to amend section 10(1) of the principal Act to provide for the reduction in the compulsory period of pre-confinement maternity leave from four weeks to two weeks. Senators may recall that, during the debate on Second Stage, I undertook to examine the possibility of reducing the pre-confinement period of maternity leave. I am aware that the current four-week compulsory...

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

Willie O'Dea: I thank the Senator for her suggestion and am advised there is nothing wrong with the amendment as proposed as it does no violence to the legislation. However, I am further advised that the position is already covered. Section 8(2) of the principal Act, as amended by section 2 of the Bill, provides that section 13(2) may be amended by ministerial order, made with the consent of the Ministers...

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

Willie O'Dea: I understand the thinking behind the amendments. There are, however, two reasons which prevent us from accepting them. As Members are aware, what the working group, which consisted of a number of interested parties, agreed is, in effect, a compromise. Employers were asked to agree to certain things and while they did not consent to everything, they acceded to a number of points. Trade union...

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

Willie O'Dea: Senator Terry referred to the breastfeeding provisions. Following her contribution on Second Stage, I undertook to discuss this issue with my officials and various other parties to ascertain whether I could table an amendment to address the Senator's well argued point. However, I have tabled an amendment to meet the Senator's concerns, which we will discuss later. There are several types of...

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

Willie O'Dea: This is a drafting amendment. Amendment agreed to. Amendment No. 6 not moved.

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

Willie O'Dea: This amendment is necessary to reflect more closely the intention of the maternity working group and to ensure consistency with the Parental Leave Act 1998. Currently, section 5 of the Maternity Protection (Amendment) Bill 2003 provides that determination of additional maternity leave, in the event of sickness of the mother, must be at the discretion of the employer. However, the intention of...

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

Willie O'Dea: The reply to Senator Terry's question is, unfortunately, "No". It is a matter which must be arrived at by mutual agreement, which obviously requires agreement by both sides. If one side, namely, the employer, does not agree, unfortunately, it cannot then happen. There is no appeal or other recourse, as I understand the situation. Amendment agreed to. Amendments Nos. 8 to 11, inclusive, not moved.

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

Willie O'Dea: The reasoning behind this amendment is the same as I outlined on a previous amendment, namely, to reflect more closely the intention of the maternity working group and to ensure consistency with the Parental Leave Act 1998. Here again, the intention is that the employee and employer should agree the date on which leave is terminated, rather than giving the employer the sole discretion to...

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

Willie O'Dea: Section 6(2) of the Bill provides that an employee may request to postpone her maternity leave with effect from a date she selects, but only if the period of maternity leave concerned which she has taken on that date is not less than 14 weeks and that not less than four of those weeks are taken after the end of the week of confinement. The pregnant workers' directive, No. 92/85/EEC, provides...

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

Willie O'Dea: It is necessary for legal reasons for the employee to choose to take resumed leave or to forfeit that leave. The directive on pregnant workers prohibits the dismissal of an employee from the beginning of her pregnancy to the end of her maternity leave, save in exceptional circumstances not connected with the employee's condition. The Maternity Protection Act 1994 extends this protection to...

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

Willie O'Dea: My advice is that the term "writing" includes e-mail communications. Question put and agreed to. SECTION 7.

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

Willie O'Dea: Section 7 provides a new entitlement to time off from work to attend antenatal classes. It is necessary to amend this section by the insertion of a new subsection (3) to provide for exclusions for members of the Defence Forces and the Garda Síochána serving overseas or in other exceptional circumstances. The Department of Justice, Equality and Law Reform was contacted by the Defence Forces...

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

Willie O'Dea: I agree. Amendment agreed to.

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

Willie O'Dea: The way in which the section is constructed obscures what is effectively a compromise between the social partners who deliberated on the matter. The working group recommended that provision be made in legislation or in regulations for paid time off for mothers to attend one complete set of antenatal classes. At least, three of the classes are to be taken during the pre-confinement maternity...

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

Willie O'Dea: I will have this examined between now and the next Stage, which should be Second Stage in the Dáil.

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

Willie O'Dea: To maintain consistency with national breastfeeding policy, which was changed by the Minister for Health and Children on 5 August 2003 to promote exclusive infant breastfeeding for the first six months, I propose to amend the provisions contained in section 8 to now provide an entitlement to breastfeeding breaks in the workplace or reduced hours to breastfeeding employees who have given birth...

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...