Marie Sherlock (Labour) | Oireachtas source

I am very relieved we finally have this legislation and I thank the Minister for bringing it forward. In particular I pay tribute to the Irish Cancer Society and we have Suzanne Dowd and Krista Costello here today. I was struck when I listened to the experiences of Erica Tierney, Mary Canavan and Emma McGuinness, who spoke so movingly about having to forfeit their maternity leave because of their cancer diagnosis and treatment. I am very relieved we finally have the Bill. It is overdue. This month last year the Minister gave a commitment that he would bring forward legislation by the end of 2023. That time came and went. I remember tabling a Commencement matter last April asking when we would see the legislation. The Irish Cancer Society and many others are very anxious to see it enacted. Week in and week out women are not able to access maternity leave. We were told it would be rolled into the review of the equality Acts. In response to the question last April, the officials and the Department decided to tell us all about the work the Department is doing on many other Bills, none of which are relevant to the women awaiting this legislation. I am glad we are here today.

When we look at the legislation and its impact, there is a small number of women involved but it is enormously important. Those of us who have been fortunate enough to have babies know the immense value of maternity leave. It is a way for society to tell women to take time with their newborn babies. We know approximately 60 women per year are diagnosed with cancer either during their pregnancy or when maternity leave is being taken. I am glad the legislation applies to all women with serious health issues, which probably runs to hundreds of women in the country in any given year. There is a double trauma because not only do they have their diagnosis and treatment but they must also forfeit their very precious maternity leave. There is an irony I have raised previously, which is that a man looking to avail of paternity leave can defer it. Workers looking to take annual leave can defer it if they are sick. However, a woman who wants to defer maternity leave when sick cannot do so. I am very glad the legislation seeks to change this.

The very clear ask of the Labour Party is that while the Bill will go through all Stages in the Seanad today, we hope it will be scheduled in the Dáil as soon as possible and that it is then commenced as soon as possible. We are speaking about weeks here. There should be a matter of days between when it is passed through the Dáil and when it is given effect. Those women who are pregnant or have just given birth who have a diagnosis of a serious illness should be able to benefit from it. We cannot have a situation where an election, or any other reason for that matter, should interrupt the commencement of this legislation.

There are issues with the Bill. I have very clearly said the Bill needs to be commenced as soon as possible but perhaps there is a need for additional regulation or amendment to the Bill further down the line. The reason is because section 1(11) effectively seeks to differentiate between mental health and physical health in how they are recognised in the Bill. A mental health condition is only recognised as serious when inpatient hospital treatment is provided but we can only assume that somebody in receipt of outpatient care is recognised as having a serious physical health condition under the Bill. This is wrong and unfair. IBEC is 100% right on this and it is not often that I say that. There are all sorts of issues with regard to discrimination claims further down the line.

Whatever about discrimination in the workplace, for the women themselves and for the world of medicine it is an extremely outdated perspective that inpatient care would be required for mental health conditions to be recognised as serious. It does a grave injustice to the significant developments that have happened with medication and various treatment paths whereby people with serious mental health conditions can now be treated in the community as outpatients. They are not in any shape or form recognised in the legislation. A conversation has to be had with the Mental Health Commission, Mental Health Reform and all of the other relevant stakeholders on to how to get the Bill right for those with serious mental health conditions. I do not believe it is fair or right that a distinction would be made between the two.

It is very welcome that we now have recognition for Oireachtas Members who are elected representatives in the Dáil and Seanad with regard to taking maternity leave. My colleague Senator Moynihan gave birth last Friday to baby Maud. This is her second birth as a Senator. Of course, it is not officially recognised that she is now on maternity leave, as it was not on the previous occasion. The Bill is certainly very welcome and sends a very positive signal that those of us who are women and give birth as Oireachtas Members are afforded the opportunity to formally notify that we are taking maternity leave. I want to be crystal clear that my comments and concerns on the Bill should in no way delay it. There are women who very much want the Bill to be enacted and commenced as soon as possible. However, these issues need to be fixed.

Senator Seery Kearney raised the issue of who gets to adjudicate on what is a serious health condition. To my mind, a medical certificate should suffice but we need to watch this. I do not necessarily agree with IBEC that it should be adjudicated by the Department. A medical certificate should suffice. There are legitimate concerns about how an employer may view the view of a medical practitioner and the employee in question. We have to ensure women are protected as much as possible when they seek to defer their maternity leave because of a serious health condition.