Joe O'Toole (Independent)

I move amendment No. 7:

In page 6, before section 3, to insert the following new section:

"7.—Section 7 (1) of the Principal Act is amended by the addition of the following paragraph after paragraph (b):

(c) A qualifying employee may apply to their employer for more favourable arrangements. An application under this section must—

(i) state that it is such an application,

(ii) specify the change applied for and the date on which it is proposed the change should become effective,

An application under this section must be made before the fourteenth day on which the planned leave will begin. An employer who receives such a request may only refuse where he can demonstrate a consequential negative impact on the business.".

I agree with the Minister that the legislation contains many progressive aspects. I accept that point and despite the arguments I put forward on the previous section I appreciate the inputs and the progress that have been made in this area. However, the current wording is restrictive.

I will not make a long speech on this matter but a different arrangement could be found that would better suit. Instead of parents being obliged to take a set period of leave, perhaps it could be taken in stages over a longer period in smaller sections or in some other way that would suit. People are entitled to seek parental leave but at present it appears to be restricted and we cannot get any movement in terms of the way the Bill is drafted. Perhaps the Minister of State will tell me that is not the case.

If a proposed term of leave should present a problem for an employer he or she could say that it would have a negative impact on his or her business which would be understandable. We are at pains to ensure there would not be any cost implications or negative impacts on business. However, people should at least be able to seek more flexible arrangements and this should form part of the Bill. If the Minister of State is not happy with my wording he can revisit the matter on Report Stage. This is a straightforward attempt to introduce some flexibility into the system.

To hark back to a point made by the Minister of State on the previous section, one of the great gains within the Irish working community has been the element of flexibility that has been introduced to it over the past 20 years and this is just more of the same. We are saying, "Let us do this where the employer and employee agree that it can be done and there is no cost involved". We should take away the current restriction on this approach. I ask that the Minister of State look favourably on this proposal.