Willie O'Dea (Limerick East, Fianna Fail)

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 representatives also obtained part of what they were seeking. As already stated, what emerged was a compromise.

There are more substantial legal reasons for not accepting the amendments. I will read into the record the briefing note supplied by the Department and if any Member wishes to ask questions afterwards, I will be glad to deal with them.

Amendment No. 3 is inconsistent with the recommendations of the maternity review group. That group recommended that in the event of illness an employee should, subject to the agreement of the employer, be able to transfer from additional maternity leave to sick leave. If an employee transfers from additional maternity leave to sick leave, she will forfeit her right to any additional maternity leave not taken at the date of commencement of the sick leave. This recommendation is part of a composite set of recommendations made by the working group following negotiations between the social partners and Government Departments. To depart from this would be a significant variation from the package of compromises agreed, even if the legal situation allowed it.