From Department of Children, Equality, Disability, Integration and Youth
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Minister for Children, Equality, Disability, Integration and Youth, Roderic O’ Gorman, has today announced that Government has approved the ratification of Articles 8.3 and Article 27.1(c) of the Revised European Social Charter.
The Revised European Social Charter is a Council of Europe treaty to promote and protect socio-economic rights. It guarantees rights related to employment, housing, health, education, social protection and welfare. The Charter lays specific emphasis on the protection of vulnerable persons such as elderly people, children, people with disabilities and migrants.
Article 8.3 provides that nursing mothers are entitled to sufficient time off from work to breastfeed and Article 27.1(c) provides that appropriate measures are taken to develop or promote child daycare services and other childcare arrangements.
Speaking after the Cabinet meeting today, the Minister said:
“Government’s progress in recent years in both areas means we are now in a position to move forward with ratifying these Articles.
“Last year, we extended the entitlement to breastfeeding breaks at work from six months to two years after birth through the Work Life Balance and Miscellaneous Provisions Act 2023 and since 2020, we have made significant progress in improving access to early learning and childcare that is affordable, inclusive and high quality - backed by record levels of state investment that now exceeds €1.1 billion.”
The Minister added:
“Ireland’s acceptance of these Articles is testimony to this Government’s strong track record in child and family policy and in equality policy.
“It delivers an important message about our commitment to give every child in Ireland the best start in life and to supporting workers – in particular women - with family and care responsibilities.
“It also signals our intention to keep building on the recent progress we have made, particularly in early learning and childcare policy given the many benefits that have been conferred to children, families, the economy and to society.”.
Article 8.3
Irish law now provides significant protections to mothers who are nursing under national law.
Section 9 of the Maternity Protection (Amendment) Act 2004, which came into force on 18 October 2004, provides that a breastfeeding employee who has informed her employer is entitled, without loss of pay for the purpose of breastfeeding, to reduced working hours or breastfeeding breaks, where breastfeeding facilities are provided in the workplace. The Maternity Protection Regulations 2004 (SI No 654 of 2004) set out the arrangements for breastfeeding breaks.
The entitlement to breastfeeding breaks under the Maternity Protection Acts was extended from six months to two years through the Work Life Balance and Miscellaneous Provisions Act 2023. This extension came into effect on 3 July 2023.
Under the Maternity Protection Acts as amended, staff are entitled to time off without loss of pay for breastfeeding breaks at work for up to one hour per normal working day. Breastfeeding breaks may be taken in the form of one break of 60 minutes, or two breaks of 30 minutes each, or three breaks of 20 minutes each, or in such other manner as agreed by the employee and their manager.
Moving a full time employee who is breastfeeding to part-time work is not an option under the Maternity Protection Acts or the Maternity Protection (Protection of Mothers Who Are Breastfeeding) Regulations 2004, as amended.
Part-time employees are, however, entitled to time off or a reduction in working hours on a pro-rata basis.
Article 27.1(c)
A key objective of First 5, the Whole of Government Strategy for Babies, Young Children and their Families (2019-2023) is that “babies and young children have access to safe, high-quality, developmentally-appropriate, integrated early learning and childcare, which reflects diversity of need”.
Since the publication of First 5, State investment in early learning and childcare has increased by 129% from €485 million to €1.09 billion. The majority of this funding is allocated through five strands of Together for Better, the funding model for early learning and childcare.
1. The ECCE programme is a universal pre-school programme available free of charge to all children for up to two years before starting primary school. With 96% of children in the relevant age-cohort taking part, it is nearly universal in its reach, providing valuable early learning and play experiences in early childhood for nearly all children, regardless of social background. There are now plans to introduce a statutory entitlement to this programme, in line with a commitment in First 5.
2. The Access and Inclusion Model (AIM) provides both universal and targeted supports to facilitate access and participation of children with a disability in the ECCE programme. There are now plans to extend AIM beyond the ECCE programme from September 2024.
3. Equal Start, which will roll out from September 2024, will provide both universal and targeted measures to support access to, and participation in, early learning and childcare for children from disadvantaged backgrounds.
4. The National Childcare provides subsidies to reduce the costs to parents for children to participate in early learning and childcare. The NCS combines both universal and targeted measures:
a. A universal subsidy – currently €1.40 per hour, rising to €2.14 per hour in September 2024.
b. An income-assessed subsidy, which provides higher rates of subsidy to families with lower incomes.
c. A sponsor subsidy for specified target groups to receive free access to early learning and childcare, where referred by a sponsor body.
5. Core Funding is designed to meet the combined objectives of improved affordability for parents by ensuring that fees do not increase; improved accessibility for children by ensuring providers offer the ECCE programme and/or the NCS, including sponsored arrangements; improved quality through, inter alia, better pay and conditions for the workforce and the employment of graduate staff; and improved sustainability of services. Since Core Funding was introduced, it has supported: