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

It is important to state that the issue is not about whether to provide domestic leave but about the issue of the rate. That was misstated earlier.

The introduction of new leave is negotiated with the social partners with whom the Government engages. As part of that engagement, some small employer groups raised real and genuine concerns, considering their circumstances, about the introduction of this leave, particularly as paid leave. Nevertheless, it is important the Government has taken the important step of going ahead.

The Senator asked about setting the rate. I am not sure it is correct to discount completely the views of employers in determining the rate, especially when that determination also involves the consideration of the state of society generally, the public interest and, importantly, employee well-being. Consideration of the needs of specific employees is part of what we are trying to achieve and is part of the consideration, but I am not sure that entirely removing consideration of the views of employers sets the right balance.

The Senator also mentioned the issue of replacement. It is important to remember we have included a two-year review in this legislation to examine the take-up of domestic, sexual and gender-based violence, DSGBV, leave. We are doing something new here. We will be among the first countries in Europe to introduce such a measure. Only a small number of countries in the world have brought in paid leave at a national level. A couple of federal states in various jurisdictions have brought in such leave. We are putting in that review position. We normally let legislation go a little longer, but because of the importance of this, we are reviewing it in two years to consider the level of take-up. Where we see barriers to take-up or wider issues with the way in which the legislation is framed, we will have the opportunity at that stage to bring forward relevant amendments.

Amendment No. 11 seeks to include explicitly domestic violence service providers. I believe their views are already included as the Bill is set out. The relevant provision is contained in section 13AA(7)(e) which refers to expert opinion, research and national and international reports. Those relate to the matters specified in sections 13AA(7)(a) to 13AA(7)(d), inclusive. I particularly draw the attention of Senators to section 13AA(7)(b) which refers to the state of society generally, the public interest and employee well-being. I see that as a clear route to bring in information about employee well-being, especially for employees who have suffered from DSGBV. There is a clear route and there could be no more appropriate source of information in respect of decisions about the rate. Those provisions are included in the legislation so I do not believe it is necessary to list explicitly the views of service providers. I believe there is already protection in that regard.