Darragh O'Brien (Fianna Fail) | Oireachtas source

I commend Senator White on all the work she has done in preparing this excellent Bill and in preparing the paper on assisting women entrepreneurs to which she has referred. I have high regard for the Minister of State and I believe the Bill is worthy of being accepted on Second Stage. As a father, I recognise that should a woman decide to share the maternity leave - it should be her choice - with her partner or husband that should be allowed. The Bill would amend Part II of the Maternity Protection Act 1994 to provide an entitlement to maternity or paternity leave.

Maternity leave has been extended considerably over the past 20 years. Women are entitled to 26 paid weeks and an optional 16 weeks unpaid maternity leave. Under the current State benefit maternity leave system only the mother is allowed to avail of that payment. The current system does not allow a woman to transfer part of her paid maternity leave should she wish to do so to the father so that he can share in caring for the child. If such a partial transfer was possible it could allow a woman greater options, control and flexibility over the time she decides to take off after the birth of her child. Amending the current maternity leave scheme to enable a woman to transfer a portion of her maternity leave and benefits to the father of the child would allow the woman to work outside the home and spend more time in her job.

It would also have the added effect of a better, more hands-on approach being taken by the father. It does not seek to make any compulsory change. That would be the choice of the woman in that instance should the Bill be accepted.

It is interesting to note that paternity leave is not recognised in our employment law. There is no obligation on employers to grant male employees special paternity leave, either paid or unpaid, following the birth of their child. Annual leave taken following the birth of a child is treated in employment in the same way as any other leave at any other time of the year, and it is at the discretion of the employer to decide who can and cannot take annual leave at a given time. I am aware of instances, particularly in a challenging economic environment, where employers will not grant annual leave for a life-changing event for a father such as the birth of his child. The Civil Service, for example, provides for a period of paid leave for male employees following the birth or adoption of their child. Fathers employed in the Civil Service are entitled to a special paternal leave period of three days with pay in respect of children born after 1 January 2000.

The Bill Senator White has put forward will bring us further into line with some of our European colleagues, but I believe it will go even further than that. Austria, Denmark, Italy and France provide two weeks paternity leave. Iceland grants its fathers three months away from work at 80% of their salary. We know that is not an option at the moment, and Senator White knows that too, but this proposal would not impose any additional cost on the Exchequer or on an employer. It simply gives the option to share that leave up to a maximum of 14 weeks. The mother might take 22 weeks fully paid leave, with the father taking four weeks. We are not proposing an exact split; it is flexible.

I would hope that this Bill, which has been very well put together and which I believe is workable, will have the effect of putting more responsibility on fathers on the birth of a child.