Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

I thank the Senator again. While this specific issue falls outside my area of responsibility, I do have responsibility for gender equality. Therefore, I have a keen issue in the issue raised by the Senator. I have explained that members of the Judiciary are not employees but are officeholders and as such do not fall within the statutory employment legislation. Having said that, the issue of paid maternity leave has been appropriately managed on a case-by-case basis by the Department in the small number of circumstances in which it has arisen in the past. The independence of judges and their status as officeholders rather than employees is an important principle. The Minister considers it to be of paramount importance that women should not experience barriers to applying for and successfully taking up judicial appointments.

Senators will appreciate the important role that is carried out by members of the Judiciary. It is important that judges are able to carry out their duties in ensuring access to justice. However, this need will also be balanced with the needs of the individual judge to avail of appropriate leave, such as maternity or adoptive leave. While these matters have not caused any particular issues to date, the Minister wishes to assure the Senator that the Department will keep the matter under review.