I move amendment No. 54: In page 27, to delete lines 18 to 25 and substitute the following: “(2) A personal representative of a deceased applicant shall notify the Chief Deciding Officer in writing of his or her intention to proceed, in accordance with subsection (1)(a) , with the application concerned.”.

I move amendment No. 55: In page 27, between lines 25 and 26, to insert the following: “Provision supplementary to sections 36, 37 and 38 34. (1) The Chief Deciding Officer shall, where he or she receives an application to which section 36 or 37(2) applies or a notification under section 38(2) , satisfy himself or herself that the person concerned is authorised under section 36 , 37(2) or 38(1) , as the case may be, to make or proceed with the application concerned. (2) The Chief Deciding Officer may request a pers…

I move amendment No. 56: In page 27, between lines 33 and 34, to insert the following: “(3) Where an applicant fails to comply with a request under section 21(2) , 23(1) or 27(5) within the period specified by the Chief Deciding Officer under the provision concerned, the Chief Deciding Officer shall send the applicant a notice in writing— (a) requiring him or her, within 60 days of the date on which the notice is sent to him or her, to comply with the request, and (b) informing him or her of the effect of subsectio…

I move amendment No. 57: In page 30, between lines 8 and 9, to insert the following: “ Guidelines 39 . The Minister may issue guidelines for the purpose of providing practical guidance to any person in respect of the performance by him or her of his or her functions under this Act.”.

I move amendment No. 58: In page 31, to delete lines 16 and 17 and substitute the following: “(a) as soon as possible after the day that is the second anniversary of the establishment day, but not later than 6 months after that day, and (b) as soon as possible after the cessation date, but not later than 6 months after that date.”.

I move amendment No. 61: In page 31, between lines 34 and 35, to insert the following: “(3) Where a review under this section is completed, a report in writing of the findings of the review shall be prepared and submitted to the Minister. (4) The Minister shall cause a report in writing of the findings of the review under subsection (1) to be prepared and submitted to him or her and, as soon as may be after it is so submitted, shall cause copies of the report to be laid before each House of the Oireachtas.”.

I move amendment No. 64: In page 34, line 28, to delete “An applicant” and substitute the following: “(1) A person to whom this section applies”.

I move amendment No. 66: In page 34, after line 31, to insert the following: “(2) This section applies to— (a) a person who makes an application under section 19 , (b) a person who makes an application to which section 36 or 37(2) applies, or (c) a person who proceeds under section 38 with an application.”.

No.

I move: That the proposal that Dáil Éireann approves the Civil Law (Miscellaneous Provisions) Act 2022 (Section 4(2)) (Scheme Termination Date) Order 2023, a copy of which was laid in draft form before Dáil Éireann on 7th February, 2023, be referred to the Joint Committee on Children, Equality, Disability, Integration and Youth, in accordance with Standing Order 95(5), which, not later than 7th March, 2023, shall send a message to the Dáil in the manner prescribed in Standing Order 101, and Standing Order 100(2) sh…

I want to begin by setting the context in which we are having this debate. As we sit here this evening, Ireland is in the midst of the greatest humanitarian effort in the history of the State. More than 70,000 people have fled here from a war in Europe: a war inflicted on a country that did not seek it, and that has killed more than 7,000 civilians. It is the biggest displacement of people on the Continent since the Second World War. Thousands of people, mostly women and children, have fled here to seek safety, and…

I thank the Senator for speaking on behalf of Senator Currie. These amendments propose to delete or alter the proposed section 13B(4) in part or in full. It provides that a flexible working arrangement for caring purposes cannot commence before an employee has completed six months of continuous service with the employer concerned. Providing a minimum length of service of six months before an employee can commence a flexible working arrangement or remote working arrangement allows an employer the time to assess the …

As Senator Seery Kearney has stated, any employer is entitled to provide flexible arrangements in contracts now, and many do. The Senator has already spoken about how many employers get really good employees by making work as attractive as possible. What we are working to put in place here is a statutory system that, as Senator Seery Kearney has said, employers will not be able to contract out of and through which they will be bound to offer the right to request these arrangements to all employees, including even e…

I do not believe we are at variance here but I am concerned about adding these in. It is important to say that the list of documentation provided for under the legislation is not exhaustive. The proposed section 13B(7) provides for the information an employer may require from an employee who has made an application for a flexible working arrangement, which includes documentation such as a birth certificate or certificate of adoptive placement, although this is not an exhaustive list. Our concern is that it may not …

The legislation outlines the information an "employer may reasonably require in relation to the person in respect of whom the request is made", which includes the documents set out in section 13B(7)(a), the section the Senator is seeking to amend, and, in section 13B(7)(b) which states: "in the case of a person referred to in subsection (1)(b): (i) the employee’s relationship with the person in respect of whom the request is made", from "an employee who is or will be providing personal care or support to a person t…

These amendments harmonise the language in the drafting of the Bill. They ensure that the provisions can be clearly understood and there is continuity of language in the relevant provisions. They do not substantially change any of the provisions referenced but merely ensure that the policy intention is clear. I commend these amendments to the House.

The new section 13C to be inserted into the Parental Leave Act sets out the obligation on the employer to consider a request for flexible working and the process and time limits to be followed. The provision sets out that employers must consider their own needs and the employees' needs. I appreciate that the amendment seeks to add more detail to this point, but there is a risk that this might inadvertently limit the consideration to a narrow frame and disadvantage the employee in some way. Section 21 of the Bill de…

I am speaking on the use of the language on the needs of the employee and the needs of the employer. That is language set out within the directive and that is why it is being reflected in these provisions.

The language used for direct transposition is in the context of the flexible working provisions. However, we also think that in respect of the coherence of the legislation, it is important that we use similar language and a similar approach throughout it.

On the right to seek remote working, in requesting remote working, an employee must have the opportunity to set out his or her needs, that is, the reason they are seeking the right to remote working. The requirement to share a need is intended to be a practical element of a request to support fair and balanced consideration by the employer. It is not intended to force employees to share information they do not wish to. Work-life balance is a legitimate reason of its own right if someone is applying for remote worki…