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Paid leave law should not require proof of abuse - Tánaiste

The law would be 'unworkable' if proof was required, said Leo Varadkar
The law would be 'unworkable' if proof was required, said Leo Varadkar

The Tánaiste and Minister for Enterprise has rejected suggestions that proof of domestic abuse should be included in upcoming legislation to allow paid leave.

"I don't really see how you could provide proof of abuse," Leo Varadkar told the Joint Committee on Enterprise, Trade and Employment.

He noted that the relevant legislation is being worked on by Minister for Children Roderic O'Gorman.

Sinn Féin TD Louise O'Reilly, said that advocacy groups are "absolutely clear, they couldn't be clearer" that "we cannot ask" for proof of abuse.

She cited a report that IBEC are demanding that proof be required.

"I am inclined to agree with you," Mr Varadkar said. "I don't really see how you could produce proof of abuse, or coercive control in particular which is quite hard to prove."

"You might do so in a court, but an employer is not a court of law," he added.

"I don't see how evidential proof could be a requirement in the legislation. I think that would make it almost unworkable," Mr Varadkar said.

Ms O'Reilly had asked whether a victim would have to "come in with their black eye. How do you prove coercive control?"

She welcomed the Tánaiste's comments.

Deputy O'Reilly has tabled a private members bill proposing ten days' paid domestic violence leave. It goes to committee stage this month.

The Taoiseach has told the Dáil that a tender for support services for employers dealing with employee requests for leave arising from domestic abuse will be issued in the coming days.

Appealing for a "sensitive" approach, Micheál Martin said "it is a very difficult thing for a person to have to come forward" to ask for leave arising from domestic abuse.

Mr Martin said people would not "use this as some sort of excuse". "That's not going to happen", he said.

He was responding to Jennifer Whitmore, Social Democrats, who said that to ask a victim for proof of abuse would be "retraumatising".

She said that she was "absolutely appalled" to read of objections by IBEC to the provisions, and asked for a reassurance that no one would be asked to submit proof that they were being subjected to domestic abuse.

"There has to be a process ... Yes. I'm with you on that," he said.

Meanwhile, Women's Aid has said that it was very disappointed to read media reports relating to IBEC's apparent position on the proposal to implement paid domestic violence leave.

The organisation said that the submission by IBEC appears "mean spirited, distrustful and defensive".

"Women's Aid believes that paid domestic violence leave, as part of a comprehensive package of workplace measures, can play an important role in supporting abused women to remain in employment and therefore expanding their agency, safety and choices," said Sarah Benson, CEO of Women's Aid.

IBEC's reported position on the issue was also condemned by SIPTU.

"This attitude towards people at a hugely vulnerable and potentially volatile time in their lives is deeply insulting and so out of touch with reality," said SIPTU Deputy General Secretary, Ethel Buckley.

Additional reporting Brian O'Donovan