Seanad debates

Tuesday, 31 January 2023

Work Life Balance and Miscellaneous Provisions Bill 2022: Committee Stage

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

The problem is that the "shall" sends a signal that the arrangement must terminate. A simple thing would be to use "may" to indicate it may be reviewed at that point and then continued rather than providing that it shall end not later than the child's birthday. This sends a very strong punctuation piece and would become the de facto end so that people would not get flexible leave arrangements after a child was 12. At that point a person is in an employment long enough. By using this language, we are having this arrangement fall off a cliff and going back to the very beginning. It is not like when someone is first applying for a job and maybe negotiating a contract. The person is in a job and trying to negotiate based on nothing, rather than saying the arrangement is working, asking to continue it, and having a review point with possible adaptation of the arrangement that is in place. I cannot see a reason not to provide that it may end at that point. Another way to approach it would be a provision that it shall end, excepting where, for example, the employee and employer agree to continue it for another period. I would like to put something in that encourages the option of continuing it rather than leaving it to the individual to start a whole new cold negotiation and sending a signal that the State expects this arrangement to end when the child reaches the age of 12.

To add to the good points that were made about medical need, and those are quite extreme medical need situations, in terms of the child of 16 being left alone, there is a little bit of that limbo of what is meant to happen to a 12- or 13-year-old child between the hours of 4 p.m. and 6 p.m. I know this because I have worked extensively with lone parents. In terms of the impact of that caveat of the age limit of 14 when it came in on them, in a way it is easier with a younger child who can go into childcare. One cannot hire a babysitter for a 14-year-old in the same way or put him or her into care. A lot of the time it is simply about being present in the house with them, doing something completely different but being present so they are not alone in that house. That can be very important. Even an equalising of the age limit to 16 for all measures would be very constructive. That was the proposal made by Senator Keogan. Is it the case that disability allowance can be accessed from when somebody is 16? Can I have that confirmed as well?

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