Seanad debates

Tuesday, 31 January 2023

Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage

 

2:30 pm

Photo of Roderic O'GormanRoderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I am happy to be able to introduce this Bill. It is one of Ireland's most ambitious Bills dedicated solely to improving work–life balance. I look forward to the detailed discussion we are going to have. Not only will the Bill transpose EU law on work–life balance for parents and carers but it will also implement some important programme for Government commitments. It delivers a right to request flexible working so mothers, fathers and carers can be present for their children and families. It will deliver five days of leave per year to provide care to those with serious medical issues, such that in the most stressful moments of parents' or carers' lives, they can focus solely on supporting the person who is ill. The Bill will extend breast-feeding breaks from six months after birth to two years after birth and, significantly, introduce five days' paid leave for victims of domestic violence.

There are 29 Government amendments. They are primarily technical.

With respect to Senator Higgins's amendment, section 3 provides for the interpretation of terms used in the Bill. A definition of "relevant parent" has been provided that mirrors that in the Parental Leave Act 1998, which is the Act being amended. The Senator's amendment would include an explicit reference to foster parents. However, the definition of "relevant parent" includes a person acting in loco parentisto the child and would in our view encompass a person caring for the child in a foster relationship. As such, we see the amendments as unnecessary. As the definition in the Bill is one used in the Parental Leave Act 1998, it would not be appropriate to make the proposed change.

Amendment No. 12 is a similar amendment. It seeks to remove the term "in loco parentis" from the provisions on domestic violence leave and substitute "providing parental care". The term "in loco parentis" would have the meaning desired. It is already used in the Parental Leave Act and various definitions in this Bill and therefore the proposal is not necessary. However, it is very much our intention to include foster parents, so I will be happy to get officials to triple-check. It is certainly our intention to have foster parents included within the definition of "in loco parentis".

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