Frank Fahey (Galway West, Fianna Fail)

Amendment No. 2 extends the existing force majeure leave entitlement in section 13 of the Parental Leave Act 1998 to employees in respect of persons with whom they have relationships of domestic dependency, including same sex partners. Many Senators will recall that the absence of a provision extending force majeure to same sex partners was criticised during the passage of the Bill through the Seanad. The Bill as initiated did not make provision for the extension of the force majeure provisions of the principal Act to same sex partners because when the Bill was being considered by the Government, the Law Reform Commission was conducting a consultation process and review of the rights and duties of co-habitees.

In light of this process, it was decided to await the completion of the Commission's review so that the Government would have an opportunity to consider the issue in a wider sense. Following robust debate in the House on this issue, I undertook to put the matter to Government again. Due to this commitment, the matter was reviewed and I am pleased to say the Government has agreed to the extension of force majeure leave provisions to employees in respect of persons with whom they have relationships of domestic dependency, including same sex couples.

The amendment reflects the reality of many domestic relationships not covered by the existing provisions where, in an emergency situation arising from an illness or injury of a person residing with the employee, one reasonably relies on the other to make arrangements for the provision of care. To avoid doubt in the interpretation of this new provision, the text expressly states that the sexual orientation of the person is immaterial.