Seanad debates

Wednesday, 1 March 2023

Work Life Balance and Miscellaneous Provisions Bill 2022: Report Stage (Resumed) and Final Stage

 

10:30 am

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

I thank Senators for their contributions. We had significant discussions about this issue on Committee Stage, which was very useful. A number of amendments were put forward by the Opposition and there were a number of contributions from Government colleagues. I reflected on that and, as such, have brought forward two amendments today.

It is important to say what is not in the Bill. A figure of 70% has been set out as if that rate of pay has been written into the Bill. That is not written anywhere in the Bill and it is important to be clear about that because I am sure a lot of people are watching this debate. It has also been said that the Bill will automatically involve a reduction in the rate of pay. That is not written into the Bill anywhere and we need to be very clear about that.

The Bill sets out at what rate domestic, sexual and gender-based violence leave will be paid. We had a detailed discussion about the criteria set out in the Bill. Senators correctly said there are concerns about some of the criteria. Some were very macro-economic and considered the entire economy rather than dealing with the specific nature of the issue.

I am speaking to the Opposition amendment, but amendment No. 7 is relevant to this discussion. It deletes the provision we are discussing and mirrors the proposal put forward by Senator Higgins on Committee Stage and which she brought forward again today. Second, and more important, we are including a specific provision that in a consideration of what the rate will be, service providers in the domestic, sexual and gender-based violence sector will be specifically consulted. Their views, understanding and knowledge of issues like coercive control and the degree to which victims of violence have their bank accounts monitored, as Senators have said, will be a key part in any decision made by the Minister on what the rate will be.

Throughout the process of the Bill we have listened to these organisations. Earlier in the process, a suggestion was made by some groups that there should be an evidence requirement in terms of someone taking up domestic, sexual or gender-based violence leave. Organisations flagged very clearly the risks of that and it was very clear when the Bill was published that was not the issue. We have listened to the concerns of these organisations. Senator Sherlock made the point that we have to get the detail right. She is absolutely correct. We need to consider how we can better inform a Minister making a decision on the terms of the rate and get the detail right if the Minister is hearing directly from the organisations involved.

We are making two key changes. The first is removing the higher-level consideration and, in particular, making sure that the Minister hears directly from the organisations involved in terms of the determination he or she may make about what the rate of pay will be. Senator Currie asked whether the Bill will deliver. I believe it will. Given the changes we have made, it will deliver the necessary degree of protection that we want to achieve for victims of domestic, sexual and gender-based violence.

We have not made the effort of including this new provision that has come about because of a Government initiative or gone to all of the effort to include this in the Bill if we do not intend to deliver for the people who need it. That would not be consistent with the Bill, the third national strategy or all of the Government actions taken over the past two and a half years.

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