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

I am delighted to have the opportunity to speak on the Second Stage of this important legislation. It is an incredibly worthwhile Bill and one which will have a very real impact on women at a hugely important juncture in their lives. The Bill provides for two main areas of reform. These are, first, a pause in maternity leave for treatment for serious illness and, second, maternity leave for Members of the Houses of the Oireachtas.

I begin by acknowledging two women who had hoped to be with us in the Chamber this afternoon but who I know are watching at home and whose tireless campaigning work has made such a huge contribution to bringing us to this moment. Erica Tierney and Mary Canavan both received cancer diagnoses during their pregnancies and had to begin their maternity leave on the births of their babies while also going through treatment for cancer. It is because Erica and Mary, with the support of the Irish Cancer Society through the Leave our Leave campaign, have so generously shared their personal stories and campaigned so passionately that we are now so close to making this legislation a reality, meaning no more women will find themselves in the heartbreaking situation they both endured. I thank them both sincerely for their tireless work and advocacy on this issue. Due to their campaigning, there is cross-party support for these proposals to allow women with cancer and other serious illness to pause their maternity leave. My understanding is that, if enacted, Ireland will be one of the first countries in the world to provide a facility to pause maternity leave. That is something of which we can all be very proud.

The Bill provides for an entitlement for an employee who requires treatment for a serious medical reason to postpone maternity leave for a period of up to 52 weeks. The need for the pause must be certified by a doctor or consultant. The serious medical reason includes mental health issues as well as physical illness. To ensure this pertains to very serious illnesses, while ensuring that includes mothers with a wide range of serious diagnoses, the Bill provides for a definition of a serious condition that limits it to a condition that both entails a risk to the life or health of the employee and also requires necessary and ongoing medical intervention. For mental health conditions, it is limited to treatments that include hospitalisation and the postponement must be for at least five weeks. There can only be one period of postponement but this can be extended once. The Bill sets out the procedures for notifying an employer of the intention to postpone the leave and to end the period of postponement. After the period of postponement, the employee can resume their maternity leave and take their unpaid maternity leave, unpaid parental leave and other leaves as usual.

It is clear that female Members of the Oireachtas should have a right to maternity leave and that availing of this is crucial to the process of improving gender balance among Oireachtas Members. It is important that these provisions can be in place before the upcoming election to give a strong signal to female candidates that having children will never be a barrier to political life. The general scheme echoes a number of provisions that currently apply to maternity leave to extend these to the Members of the Houses of the Oireachtas. However, following discussions during the drafting process with the Office of the Attorney General, these proposals have been amended to avoid any perceived overstep in relation to the separation of powers. The Bill now proposes simply to provide a statutory entitlement to 26 weeks of maternity leave to Members of the Houses of the Oireachtas.Through the work of the Ceann Comhairle and the forum on a Family Friendly and Inclusive Parliament, many processes and procedures are in place which can facilitate and support Members in taking maternity leave. This legislation provides the entitlement to that leave in statute.

I thank the members of the Irish Women’s Parliamentary Caucus who contributed greatly to the work of my Department in bringing forward these proposals. It was immensely helpful to understand the challenges facing female Oireachtas Members who have a baby during their term in the Houses.

I already indicated to the joint Oireachtas committee my intention to bring forward on Committee Stage provisions related to the regulation of non-disclosure agreements, NDAs. These proposals build on a previous Private Members' Bill, sponsored by Senators Lynn Ruane, Eileen Flynn, Frances Black and Alice-Mary Higgins, which passed all Stages in the Seanad. My Department’s public written consultation as part of the review of the Equality Acts, on which I published a report last year, invited submissions on NDAs. It is of note that there was significant support for progressing the proposals in that Bill. These were included in the general scheme and it is my intention to bring forward amendments very much along the lines of that general scheme. My officials are working with officials in the Office of the Attorney General to finalise these provisions.

As Senators are aware, we are working under certain time constraints if we want to be fully confident of getting this legislation enacted. Initial priority for drafting was given to the amendments to the Maternity Protection Acts as we are aware of the great urgency with which these amendments are needed. I am conscious, in particular, of those women who may miss out on the opportunity to avail of the pause in maternity leave if this Bill is not passed. It is my hope that the Bill can be advanced quickly, the relevant amendments on NDAs can be inserted in the Dáil and that this process recognises the crucial and urgent nature of all the provisions contained within it.

Turning to the provisions of the Bill, section 1 amends the Maternity Protection Act 1994 by the insertion of a new section 14C after section 14B. This new section creates a new entitlement in the Act for an employee who requires ongoing treatment for a serious health condition, including physical and mental health conditions, to postpone maternity leave for a period of between five and 52 weeks.

Section 2 provides that absence by a Member of the Houses of the Oireachtas, duly notified, relating to the birth of a child, shall be called maternity leave for a Member of the Houses of the Oireachtas. This shall be for a period of up to 26 weeks. Section 3 provides for the Short Title and commencement of the Act.

I again take this opportunity to commend the good work undertaken by the Irish Cancer Society in raising awareness of the difficulties faced by new mothers who are diagnosed with cancer while on maternity leave. I know a number of representatives of the society are with us today. This is important and progressive legislation, which includes some long overdue measures for women in this country. I am pleased to bring it to the Seanad today and commend it to the House.

I would like to take this opportunity to commend the good work undertaken by the Irish Cancer Society in raising awareness of the difficulties faced by new mothers who are diagnosed with cancer while on maternity leave. I know that a number of representatives of the organisation are here with us here today. I believe that this is a very important and progressive piece of legislation, which includes some long-overdue measures for women in this country. I am pleased to be bringing it forward to the Seanad today. I commend the Bill to the House.uoy knahT .