Frank Fahey (Galway West, Fianna Fail)

As I indicated on Committee Stage, an unintentional anomaly has come to light in section 2. The reference to the upper age limit for adopted children needs to be corrected. The construction used in section 2(2)(b)(ii) unintentionally narrows the parental leave entitlement for the parent of an adopted child. It does this by providing that in respect of a child who is the subject of an adoption order, and who is aged between three and eight years on or before the date the adoption order is made, parental leave must be taken within two years of the adoption order. The following example will explain the anomaly.

The parent of a child for whom an adoption order is made at the age of four would be required to take leave by the child's sixth birthday as opposed to the eighth birthday for other children. However, the intention was that the parent of an adopted child should be entitled to parental leave until the child reaches eight years of age with additional flexibility giving up to two years to take the leave in the case of an older child for whom an adoption order is made between the ages of six and eight.

This amendment improves the provisions in section 2(2)(b)(ii) regarding the age limits for an adopted child by providing that where a child is aged six but has not reached eight years of age at the time the adoption order is made the parent may take the parental leave within two years of the making of the order.