Seanad debates
Thursday, 20 May 2004
Adoptive Leave Bill 2004: Second Stage.
11:00 am
Sheila Terry (Fine Gael)
I welcome the Minister to the House to deal with this important Bill. Many parents and parents-to-be will also welcome it. I regret that it has taken three years to bring it forward in contrast with the three weeks required to bring forward the Immigration Act. We can see where the Government places the emphasis. There is no excuse for the inordinate delay in bringing forward the Bill.
It is important that parents are supported as they go through the adoption process and this must be reflected in legislation. We should not differentiate between natural and adoptive parents. Many parents who eventually adopt probably go through a difficult time emotionally. Some women who are unable to bear children may decide to adopt. Others may decide to adopt from an early stage. By and large, people who adopt do so after a number of years of marriage and undergo an emotional upheaval in making a decision of this nature.
There is one aspect of the Bill on which I am seeking clarification. The adoptive leave period is being extended from 14 to 16 weeks and the Minister stated that this will bring the position into line with that which obtains in respect of maternity leave. However, maternity leave lasts for 18 weeks. It is made up of two weeks pre-birth and 16 weeks post-birth. If I am wrong, I am sure the Minister will correct me. Adoptive parents and natural parents should be treated in the same way. If the period of maternity leave is 18 weeks, the same period should also apply in respect of adoptive leave. There should be no discrepancy and the Minister stated that he would ensure equality between adoptive and natural parents.
I am not sure if the Minister has given consideration to the position of the many parents who adopt children from abroad. In some cases, such parents are required to spend time in the country in which the children they are adopting were born. That period varies but it could be anything from three to six weeks. If these parents were given leave before the adoptions take place, it could be of benefit to them if they are obliged to spend time in the country in which the children were born. We should address that matter either in this Bill or in the adoption legislation with which the Minister of State, Deputy Brian Lenihan, is dealing.
I welcome the fact that prospective adoptive parents will be entitled to time to attend pre-adoption meetings and classes. However, I do not recall a provision in the Maternity Protection (Amendment) Bill requiring that evidence of attendance at maternity classes must be furnished to employers. There is no need to include such a provision in this Bill. We must trust that people who are in the process of adopting a child will attend these classes. We do not require natural mothers to provide evidence as to whether they attend maternity classes. I do not recall a provision of that nature in the Maternity Protection (Amendment) Bill and, if that is the case, this Bill should not contain such a provision.
I welcome the vital employment protections provided for in the Bill. That time spent on adoptive leave would be considered as a period of service is important. The Bill will also prevent termination of employment, which is welcome.
When we debated the Maternity Protection (Amendment) Bill we strayed into discussing the area of child care. On today's Order of Business I raised the fact that we need to improve the level of child care provision for all parents in order to enable them to return to work or to carry on with their lives in general. Making child care available and affordable is extremely important. I was recently contacted by a number of child care providers who are concerned about the cost to them of rates. That cost has risen dramatically and is placing a major burden on child care providers. It is being passed on to parents who avail of child care services and this makes child care even more expensive. We must consider how we can reduce the cost of child care provision. More family-friendly work practices are also needed in order to enable parents to return to the workplace.
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