Taoiseach insists Justice Minister won't have to resign to take maternity leave

Helen McEntee is the first member of Cabinet to be pregnant and there is no clear provision in the Constitution to allow her to take maternity leave

Justice Minister Helen McEntee is due her first baby in May. File Picture: Sam Boal/RollingNews.ie

Taoiseach Micheál Martin has said Justice Minster Helen McEntee will not have to resign in order to take maternity leave.

He said the Government was committed to facilitating Ms McEntee, due her first baby in May, in taking six months maternity leave.

As a senior Cabinet minister, Ms McEntee’s pregnancy is unprecedented and there is no clear provision in law or in the Constitution to allow her take leave of absence, as she intends to do.

Reports in recent days have suggested the most likely course of action is for her to resign her position temporarily and to be reinstated upon her return.

Law lecturer at Waterford Institute of Technology Dr Jennifer Kavanagh said the “cleanest” way to resolve this dilemma is for Ms McEntee to resign and be re-appointed.

“The cleanest way for this to be done is for her to temporarily resign and hand her seal back to the president and her duties be divested to another minister,” she said.

“The bigger issue is with her role as Minister and the Constitution says that you can only have 15 full ministers."

Speaking as Green Party councillor Clare O’Byrne resigned as she “could not reconcile” her duties with being a mother, Mr Martin insisted Ms McEntee would not be resigning but that reform was needed.

“We should not be in this position and it needs reform of the system and that needs constitutional change,” Mr Martin said.

“I believe we can accommodate Helen, and I will be working with the other party leaders in respect of that and officials have been working on that. I do believe this can become a catalyst for wider change.

We are committed to facilitating Helen McEntee to take maternity leave and not to resign. That is something Government is committed to and we will facilitate that through a series of mechanisms. 

"We have a legal and Constitutional framework which does not allow for TDs to take maternity leave.

“My sense is that there will have to be legislative change. But it is also my sense that we will have to look at the Constitution in respect of members of parliament and ministers taking maternity leave much more easily,” he added.

“There is a Constitutional framework that we cannot ignore and it is within that framework that we will facilitate Helen in the taking of leave,” the Taoiseach said.

Mr Martin said any change to the Constitution by way of a referendum will not be in the case of Ms McEntee but rather for all elected representatives into the future.

“The details of how Minister McEntee will take her leave is still being finalised,” Mr Martin’s spokesman told the Irish Examiner.

A spokesman for Ms McEntee said: “All going well, Minister McEntee will take a period of maternity leave to care for her baby and is working with colleagues in Government to finalise how this can be done. 

She also wants to ensure that plans are put in place so women in political life will be able to take maternity leave in future.

“The Minister believes this is essential to encourage more women to enter public life and have a career in politics.”

Higher Education Minister Simon Harris it was time for the State to do what “it should have done bloody years ago” and make provision for elected representatives take leave when they have children.