SOCIAL DEMOCRATS LEADER Holly Cairns has said that it is “truly incredible” that there is still no formal arrangement to allow TDs to take maternity leave.

“Politics in Ireland has long been male dominated. If we ever want to see that change, and attract more women into politics, then things like maternity leave must be addressed. This should be the bare minimum,” she told The Journal.

The Cork South-West TD announced over the weekend that she is expecting her first child, joking that the happy news had been “quite literally” getting “harder to keep under wraps” over recent weeks.

Speaking on RTÉ Radio One’s Sunday with Miriam show, Cairns said she is also considering “potentially pausing” her maternity leave if a general election happens at an unexpected time.

However, Cairns is highlighting that while women have a right to take 26 weeks of maternity leave in Ireland, there is still no law to allow politicians to take it, despite repeated promises that it would be introduced. Instead, female TDs have to rely on an ad-hoc goodwill arrangement.

“For as long as maternity leave is unavailable, the State is preventing women who may wish to have children from entering politics,” she said.

“The same barriers just aren’t there for men – it would be impossible to count the number of male TDs, party leaders and Ministers who have had children during their term of office since the beginning of the State. The number of women who have done the same is shamefully low.

“These barriers don’t just deny many women the opportunity to become political representatives, it also limits the diversity of views and voices in the Oireachtas.” 

Slow pace of change 

Much has been said about moves to legislate to allow for politicians to take maternity leave, but the pace of change has been slow.

The matter came into sharp focus in 2020 when Justice Minister Helen McEntee announced she was expecting her first child.

At the time, Fianna Fáil leader Micheál Martin said it did not reflect well on a modern democracy that maternity leave could not be provided for female politicians.

In the end, an ad-hoc arrangement was put in place for McEntee, who has since had her first child and second child, but the legislation has still not been changed. 

The Justice Minister’s case also highlighted other issues that can arise when TDs have to take periods of absence.

One example came last year when Independent TD Violet-Anne Wynne had been paired with McEntee for Dáil votes – meaning that Wynne would intentionally abstain from votes so that the government wasn’t penalised by McEntee’s absence.

However Wynne broke the pairing for the eviction ban legislation, voting against the Government while McEntee was on maternity leave.

In 2021, Cairns entered into a pairing agreement with McEntee who was maternity leave with her first child.

At the time, the Social Democrats leader described the lack of maternity leave provisions in place in the Dáil as a “blatant deterrent” to women entering politics and called for formal pairing arrangements to become “standard Dáil etiquette”.

While there has been no change for politicians in the Dáil to date, in December 2022, statutory maternity leave for councillors was introduced for the first time. 

Equality law

Equality Minister Roderic O’Gorman outlined earlier this year his commitment to introducing practical and effective maternity leave for members of the Oireachtas.

“Legislative proposals to provide for this leave are currently being developed and will be brought forward in the equality amendment Bill I hope to present for pre-legislative scrutiny in the near future,” he said in February. 

Cairns said that the introduction of statutory maternity leave for councillors was a welcome step in the right direction and gave hope that similar measures for Oireachtas members would shortly follow.

“However, progress on this issue has moved at a glacial pace, despite Minister Roderic O’Gorman recently reaffirming his commitment to introducing practical and effective maternity leave for TDs and Senators.

“Regrettably, there appears to have been almost no process on this crucial legislation. Progress, if it is to come, will likely not happen now until there is a new government in place,” said the Social Democrats leader. 

In November 2021, a forum – which the Social Democrats leader was a member of – published a report including recommendations to make it easier for politicians to have families.

Among those recommendations was the introduction of a proxy voting system as adopted by other parliaments around the world, including in the UK, whereby a politician on maternity leave can nominate another MP to vote in their place, as well as the introduction of a panel of pairs in place of individual arrangements.

It is understood that it is the government’s intention is to bring forward legislation as part of the review of the Equality Acts which is due to come to Cabinet in the coming weeks.