Frank Fahey (Galway West, Fianna Fail)

The Adoptive Leave Bill 2004 was introduced in the Seanad over 12 months ago. A number of amendments were made during its passage through this House and I welcome the opportunity to return to the House to report on further amendments made to the Bill in Dáil Éireann. A total of 11 Government amendments and one Opposition amendment were accepted on Committee Stage in the Dáil.

Amendments Nos. 1, 2, 3 and 12 were required to update the text of the Bill to take account of the Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 (SI 667/2004) made on 22 October 2004. This order implemented the two week increase in adoptive leave to 16 weeks as provided for in section 3 of the Bill. Effectively it implemented the increase almost 12 months earlier than would have been the case had we awaited enactment of the Bill. The increase in adoptive leave was consequent on the reduction in the compulsory period of pre-confinement maternity leave introduced by section 3 of the Maternity Protection (Amendment) Act 2004 and maintains consistency between the leave provisions for natural and adopting mothers from the time the child is born or placed in their care. The increase in adoptive leave and the reduction of the compulsory pre-confinement period of maternity leave mean that both natural and adopting mothers can now avail of up to 16 weeks leave with payment of a social welfare benefit from the time the child is born or placed in their care.

Amendment No. 12 revokes the 2001 and 2004 orders as the provision of both orders is incorporated into the Bill, making the legislation more transparent.