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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: Services for Victims of Domestic Violence: Statements. (28 Jan 2004)

Willie O'Dea: I thank Senators for raising this matter and giving me the opportunity to update the House on what is happening on this important issue. Most Members of the House will be aware that domestic violence is a serious problem and a complex social issue. Most Senators will also be aware that this is not confined to our country, but is a feature of most societies. There are many definitions of...

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: The measures I bring before the Seanad today are intended to meet Ireland's obligations as a member of the European Union to implement Community initiatives provided for under Council Directives 2000/43/EC and 2000/78/EC, adopted under Article 13 of the EC Treaty, and Council Directive 2002/73/EC, adopted under Article 141 of the treaty. The directives, commonly known as the "equality...

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: I might become a Member of this House.

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: I can listen and take advice at the same time. I can hear what the Senator is saying.

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: I thank the Senators who contributed for their helpful advice and recommendations. My colleague, Senator Kett, asked if we had reached the 3% target right across the public service. The latest figures indicate that we have reached 2.7%, which is fairly close to the 3% target, but we will not become complacent if we reach the 3% target. Our aim is to improve on that figure. Senator Tuffy...

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: We will return to those bad times if we pursue policies which take no account of what is coming into the Exchequer. The reality is that the Government has a serious commitment to assisting people with disabilities. Currently we have done something which is done on very rare occasions in regard to legislation which Members of the Oireachtas, either Dáil or Seanad, have not yet seen. We have...

Seanad: Equality Bill 2004: Second Stage. (4 Feb 2004)

Willie O'Dea: It could lead to abuse but if the provision did not exist, there would be even more abuse because the disabled person would not get the job in the first place. We have discussed this with people who represent the disabled and they are very enthusiastic about it. Any provision brought in to help people can be subject to abuse, but that should not stop one from trying to help them if one can....

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