Willie O'Dea (Limerick East, Fianna Fail)

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 from the company. It is obvious that the paternity leave provisions would apply to such people. The provisions apply to persons who are employed under fixed-term contracts.

I did not anticipate that I would be asked about the payment of maternity benefit under the social welfare code. I do not have the social welfare code with me to help me to answer the question. One's entitlements depend on the contributions one has made and, for example, if one has paid the contributions at the appropriate rate over the appropriate period. I cannot answer the question. I will get the answer to Senator Cox's question from the Department of Social and Family Affairs. If a father is receiving social welfare at the time the mother dies, I presume he is entitled to the benefit mentioned by Senator Cox. My opinion is based on my recollection of the social welfare code, but I will get a proper answer from the Department of Social and Family Affairs.