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

I thank the Senators for their contributions. Senator Seery Kearney's idea that this is a sign of no tolerance is important. As the House might know, on our State-wide response to domestic, sexual and gender-based violence, we have a national strategy and zero tolerance is its title and runs all of the way through it. Situations where perpetrators are able to harass or sexually harass colleagues and staff and get that hushed up and swept under the carpet is exactly what we are trying to stop with this. The pervasive sense of impunity and the breaking of that is part of zero tolerance. I see our work today as very much feeding into our national strategy against domestic, sexual and gender-based violence.

I take on board Senator Sherlock's point on advice and from whom advice can be taken. I would note that when I listed out the people that someone can discuss an non-disclosure agreement, NDA, with, we added in trade unions after some engagement with the Irish Congress of Trade Unions, ICTU, which had flagged that with us. I have taken a step there to ensure that the role of trade unions is recognised within the process. It is a slightly different point to the one that Senator Sherlock is making but I nevertheless see the value of good trade union representation in what we are trying to do here.

On her further point and that of Senator Warfield, when the Irish Cancer Society and I originally met, the scope of this Bill was that women who suffered cancer during their maternity leave would be able to avail of this pause of their maternity leave. Some 50 to 60 women every year are in that position. My view was that it would be inequitable to restrict it just to cancer when there were other women suffering serious illnesses which we should also be including so I asked the drafters to draft a broader definition.

The initial definition which came back to me was broader and we are using the term "serious illness" and this right to pause is only for serious illness, something we must be clear on. The initial definitions were based upon a physical illness. I certainly was not comfortable about that. We all recognise the degree of seriousness which mental illness can have on anybody and on a new mother. I wanted to ensure that we had protection for mental illness. On our engagement, the definition and the way of including that as a definition was to use "inpatient treatment". I see the limitations and I am not disputing Senator Sherlock's point but in being able to provide something to ensure that mental illness was involved and was covered here, the intention was also to move with speed. In that regard, I know that the Senator has spoken about supporting this and wanting to get it through. As with all legislation, there is always an opportunity to tighten and improve definitions but it is important, while not disputing the Senator's point, to talk about the evolution from cancer, to serious physical illness, to also now including serious mental health illnesses.

I thank Senator Ruane for her very kind comments. When I make a commitment, I try to fulfil it. I made a commitment to her in trying to get the NDAs through. I made a commitment to the Irish Cancer Society on the Leave Our Leave campaign and I made a commitment to some of those who had engaged with me on the protection of private records. I am also pleased today about the fourth point on maternity leave for female Oireachtas Members . Late is the hour, I know that, but we have got that through. For the people who will be able to benefit from the various provisions of this legislation, the fact that it is close to an election time will not be of concern to them when they will be able to avail of the new rights contained within this legislation. I thank the Senators for their comments.