Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 4:

In page 6, between lines 2 and 3, to insert the following: “Reporting

4. (1) The Minister shall, not later than 12 months after the passing of this Act, carry out a review of the operation of this Act.

(2) Without prejudice to the generality of the foregoing, the Minister, as part of the review, shall:

(a) conduct policy and budgetary analysis on a potential further extension of leave under this Act, from five weeks to nine weeks;

(b) consider the degree to which EU Directive 2019/1158 requires further transposition into Irish law; and

(c) consider the need to increase the rate of payment for leave under this Act.

(3) The Minister shall, not later than three months after the commencement of the review under subsection (1), make a report to each House of the Oireachtas on the findings of that review, including proposals for policy and legislative reform.”

I thank the Minister for being in the Seanad today and I welcome the Bill to the House. It proposes to increase paid parent's leave from two weeks to five weeks, which is a significant increase that should be applauded. It reflects growing social understanding of the importance of parents being supported by the State and our social and employment policies to spend more time with their newborn children in those critical weeks, months and years. This time is crucial for a child’s future development and well-being. I also welcome the decision to include an expansion of the adoptive leave benefit to include same-sex couples. This is an important and welcome change.

However, I am tabling amendment No. 4 today which references some of the unfinished business in our broader parent's leave policies and systems that have been left untouched in this legislation. They were the subject of specific recommendations in the pre-legislative scrutiny report published last month by the Joint Committee on Children, Disability, Equality and Integration, of which I am a member. It is rare that primary legislation moves through the Houses in this area, making this a rare opportunity to go further in supporting new parents in their caring roles, with all of the positive impacts this has on gender equality, female participation in the workforce and allowing the State to play a leading role in challenging outdated gender stereotypes on parental care responsibilities. This issue has come into even greater focus with the onset of the Covid-19 pandemic and the interruptions its effects have had on in-person formal education and associated child caring.

It is, therefore, unfortunate that some of these opportunities have not been grasped. It is through amendment No. 4 that I hope to ensure that work can continue on the outstanding issues identified by the joint committee even after the Bill is enacted. The amendment would make it a statutory requirement to review the operation of the legislation within a year of its passing and, within three months of the review, to deliver a report to the Oireachtas on recommendations for policy and legislative change arising from the review. In subsection (2), I have set out certain specific matters that the Minister would be required to consider. These largely reflect some of the recommendations of the joint committee’s pre-legislative scrutiny report that need further consideration and commitment from the Government on implementation.

I thank the Oireachtas Library and Research Service for its excellent work in preparing a full Bills digest on the legislation. The service has done considerable analysis on our pre-legislative scrutiny report and its impact on any changes made to the legislation between the heads of Bill and the versions introduced to the Oireachtas. On the seven recommendations that our committee made, the library has assessed that five of them have not been reflected in the legislation the Minister has brought forward, which is a shame. Our recommendations reflect the views of the stakeholders in this area and elected public representatives. While I welcome that two important recommendations on retrospective payments and eligibility have been implemented, it is from a desire to see action on the remaining recommendations that I have tabled this amendment.

In the amendment, I have asked the Minister to consider a further extension of leave under the Act from the proposed five weeks to a further nine weeks. This reflects recommendation 1 of the joint committee’s report. The Minister stated in his reply to the analysis produced by the Library and Research Service that further consultation would be needed with the Minister for Public Expenditure and Reform to increase the financial allocation from budget 2021. Can the Minister confirm that this consultation will be undertaken and that he intends to seek such an increase for budget 2022?

Subsection (2)(b) would require the Minister to consider the further transposition into Irish law of EU Directive 2019/1158 on work-life balance. The directive requires that member states introduce two months of paid paternal leave by August 2022. It is, therefore, clear that even with changes to this legislation, we will fall short of meeting that commitment. I have, therefore, included this provision to ensure that work will continue on a statutory basis to ensure we are endeavouring to meet this commitment in a timely fashion. While I recognise that an extension has been granted to meet this requirement by August 2024, I would much rather see Ireland taking a lead role and meeting the deadline on time rather than needing an extra two years to do so. This provision is included as an empowering one to assist the Minister in taking on this leadership role on a Europe-wide basis.

The final part of the amendment would require the Minister to consider increasing the rate of payment under this Act, which is currently set at €245 a week for maternity, paternity, adoptive and parent's leave. As the Minister will be aware, uptake of the various forms of parental leave has been low in Ireland. This has been attributed to a number of factors, including a lack of flexibility, which we are beginning to tackle, cultural norms and perceptions around gender roles in child-rearing and, crucially, the low compensation levels which are a strong disincentive to take leave.

Furthermore, as an entitlement is tied to PRSI contributions and is not a stand-alone statutory entitlement, Ireland remains one of only seven EU member states with a statutory right to paid parental leave.In the case of parent's leave, the rate and duration of payment compares quite unfavourably to other EU countries. Furthermore, in an analysis by the Department of Public Expenditure and Reform, it has been found that because the rate is so much lower than average weekly earnings, parents are often at the mercy of their employer’s decision to top up their wages, placing them in a more vulnerable position where they may choose not to access leave at all.

Another concern is the gaping distance between the end of access to paid leave and the beginning of access to statutory childcare support, which our committee found to be in the region of 17 months, where many countries have no gap at all. It is clear that radical action is needed to reform the system of parental leave supports, including the gradual replacement of unpaid parental leave of 26 weeks with a paid entitlement. It is in pursuit of this goal that I have included subsection (3).

I welcome this Bill overall but the extension proposed does not go far enough and the Minister will have to return to the Oireachtas to make further legislative amendment in order to meet the bare minimum of two months of paid leave set out in the relevant EU directive anyway. Many of the stakeholders who gave evidence to the children’s committee were disappointed by this piecemeal approach when it was open to the Minister to tackle this matter more comprehensively and in line with our committee’s recommendations.

I would have liked to have addressed more issues in my amendment but the considerable speed at which this Bill has come through the Oireachtas after the publication of our pre-legislative scrutiny report meant that was, unfortunately, not possible, particularly with respect to our important recommendations on lone parents. I ask that this amendment be accepted as a gesture of goodwill and as an indication that just because a commitment in the programme for Government has technically now been implemented, that work will not end here and there is an ambition to go above and beyond just the baseline of our national and European commitments.