Denise Mitchell (Dublin Bay North, Sinn Fein)
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231. To ask the Minister for Housing, Planning, and Local Government when the legislation regulating maternity leave for councillors is expected to be published; and if he will make a statement on the matter. [35758/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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I propose to take Questions Nos. 216 and 231 together.

At its meeting on Tuesday, 28 June, the Government gave its approval to draft a general scheme of legislation which would grant an entitlement of maternity leave to local authority elected members.

The policy approach approved by Government is to make a legislative provision enabling councillors to avail of most of the maternity protections afforded to employees under the Maternity Protection Act 1994 (as amended). This will end the unsatisfactory reliance on Section 18 of the Local Government Act 2001 (as amended) whereby councillors who take a maternity related absence are not noted on the record for that purpose, as well as the requirement to obtain a Council resolution for a councillor seeking to extend her maternity leave beyond 6 months.

In its decision, Government recognised that the councillor role is both unique and demanding in that it is difficult to step away from the role for a lengthy absence, such as to take maternity leave. Government, therefore, approved the proposal that elected members would have the option to nominate an individual as a temporary substitute when they take a period of maternity-related absence or indeed are absent due to illness or in good faith for another reason.

Provision will therefore be required in the Local Government Act 2001 (as amended) to allow the possibility of the appointment by co-option of an individual as a temporary substitute for an elected member who takes a period of maternity-related absence under the Maternity Protection Act 1994, or is absent due to illness or in good faith for another reason under Section 18 of the Local Government Act 2001 (as amended). The temporary substitution would be initiated using a process of co-option similar to that provided for in Section 19 of the 2001 Act. The member causing the temporary absence, whether or not they are aligned to a political party, would have an input in the nomination of the temporary substitute.

Preparation of the general scheme is being prioritised. Once approved by Government, the general scheme will be forwarded for drafting of a Bill.