Joanna Tuffy (Labour)

I move amendment No. 6:

In page 7, between lines 9 and 10, to insert the following:

"4.—The Minister shall by regulations provide that—

(i) an employee shall have a right to request more flexible parental leave arrangements than those provided for under the Parental Leave Acts 1998 and 2005,

(ii) the employer is obliged seriously to consider any such request, and

(iii) refusal of the employee's request should only be justified by the employer giving particulars of the business case for the refusal.".

Like the last amendment, this amendment has been proposed in an attempt to enshrine flexibility in the legislation. It relates to the ability of an employee to seek flexible leave arrangements. The Irish Congress of Trade Unions has sought regulations of the kind mentioned in this amendment. I am sure the Minister of State will reply by talking about the working group, as he did in response to amendment No. 5.

I wish to discuss the role of Members of the Oireachtas. I appreciate that Senators are elected by a broader electorate. I was elected by members of local authorities throughout the country who, in turn, were elected by the entire electorate. It is obvious that Dáil Deputies are elected by the whole electorate, including employers and employees. Why has the parental leave working group been given the power to make decisions? As legislators, we have to take the working group's recommendations into account, when we should be primarily focusing on the wishes of those who elected us.

One has to make a judgment when one is confronted by the different interests in society. Members of the Oireachtas, who can claim much more legitimately to represent the overall population, should have the power to make decisions on the contents of legislation. That power should not lie exclusively with the working group, the work of which I respect. I understand the need to consult and take on board the various recommendations which are presented to us. I have no problem with the working group's recommendations being put before us, as the Minister of State has done. It is right and proper that we should take its suggestions into account. I do not think the working group should make decisions for us, however. The Minister of State seems to be saying, in effect, that we have to stick with the decisions made by the working group.