Roderic O'Gorman stops short of offering domestic violence victims full paid leave

Advocacy groups had warned that partial payment could put victims at risk as abusers sometimes monitor their victims' bank accounts and salary details.

Advocates for domestic violence sufferers have criticised Equality Minister Roderic O’Gorman for stopping short of offering full pay to victims while out on leave.

Women's Aid have warned changes to a woman’s payslip could alert their abuser that they had not attended work as usual and called on the government to ensure victims could receive their full pay.

It was anticipated that the government would amend the legislation in the Seanad to ensure this would be explicit; but the minister stopped short of giving an absolute guarantee.

However, he said he would not bring forward a rate of pay that he believes would in any way put a victim of domestic violence at risk.

Mr O’Gorman faced criticism from cross-party Senators including from Fine Gael’s Mary Seery Kearney who said she would be voting for the legislation with a “heavy heart.” Labour Senator Marie Sherlock said it is hugely disappointing that the Government will not legislate to ensure that domestic and sexually based violence leave is paid at the full rate of pay.

Mr O’Gorman said the government brought forward two amendments to the legislation which included the removal of criteria relating to the state of the economy and the inclusion of the requirement to have input from domestic, sexual and gender based violence providers (DSGBV).

However, advocates have said they have been “extremely clear” on the matter “whereby we recommend a simple approach of an employee's full rate of pay.” The law offers five days' leave over a 12-month period but could see a partial payment similar to sick pay introduced.

CEO of Women’s Aid Sarah Benson told the Irish Examiner that it is a “lifesaving measure” but has been left disappointed that the matter of pay was not resolved.

“Womens Aid welcomes that Ireland is another step closer to landmark legislation to provide domestic violence leave to all employees who need it,” Ms Benson said.

This will be a lifesaving measure. However, we were disappointed and surprised that the matter of the rate of pay was not resolved as expected in the session in the Seanad this evening.

“We are hopeful this crucial matter can be swiftly resolved with a clear focus on victims and survivors’ safety and need.

“We are optimistic based on Minister O’Gormans’ statement in the Seanad that this can be and will be resolved with the rate of the pay assigned as an employee's normal pay rate with no reduction which could jeopardise the success of this law,” she added.

Last week, the Irish Examiner reported how Government TDs, including Justice Minister Simon Harris called for full pay to be given to victims.

Women’s Aid had argued that while it would be a small cohort of people in Ireland who would be availing of the leave, it was important to get it right.

It also highlighted that there was concern around confidentiality within the workplace, given that an employer would have to tell someone in HR to amend a person’s pay.

Justice Minister Simon Harris added his voice to numerous Government and opposition TDs who called for full pay to be given to victims. Picture: Gareth Chaney/Collins

And Minister Harris agreed that this would increase the likelihood of a woman’s confidentiality being undermined.

The groups also pointed out that losing 30% of their daily salary if taking the leave would create financial hardship for women and children given that they may be experiencing coercive control and are often subjected to financial abuse.

Reacting to concerns raised about the legislation in the Seanad today, Mr O’Gorman said he has no intention of bringing forward a rate of pay that he believes would in any way put a victim at risk.

He said he believes the two amendments brought forward will provide a mechanism “whereby we can achieve the appropriate rate.” “As Minister who’ll be passing the regulation and as Minister who will be setting the rate, I won't be bringing forward any rate that I believe would in any way undermine what we’re trying to achieve with this legislation,” he said.

“I’m very clear what I’m seeking to achieve in terms of the introduction of this legislation and this is an effective system whereby victims of DSGBV can take leave and take leave knowing that their salary, their income is secure, addressing that issue of poverty.”