Martin Heydon (Kildare South, Fine Gael) | Oireachtas source

I thank all Members for their work on this Bill to date, the contributions today and far beyond. I know many Members, both in this House and the Seanad, spoke passionately on this issue.

I would like to begin my closing speech by acknowledging, on behalf of the Minister of State, Deputy Richmond, as well as on my own behalf and on behalf of the Government, the importance of progressing proposals in this area. We all want to make progress in this area, which is really important, as has been stated. The emotional impact of pregnancy loss is tremendous and, unfortunately, it affects far more people than most people realise. If it has not come to our own families, we will certainly have a circle of friends who have been affected by it and, in some instances, we will not know about it. There are the people who we know who are affected by this but there are also so many more. Therefore, the Government is very determined to make progress in this regard. This is a very important legislation and we have to be mindful of finding the right vehicle and way of doing it so that it serves the purpose we want for it.

As the Minister of State, Deputy Richmond, mentioned earlier in this debate, there are existing provisions within the Maternity Protection Acts 1994-2004 and the Paternity Leave Act 2016 for pregnancy loss experienced by those in employment. However, there is no provision for the loss of a pregnancy prior to 24 weeks of gestation.

The Government recognises that the policy issues reflected within this Bill need to be addressed, and that is a really important point that gives great merit to this Private Members' Bill. However, as I have outlined, these policy issues are extremely complex. Significant research, consideration and assessment are required in order to prepare robust, appropriate and fit-for-purpose legislation that is built on evidence-based policy.

As argued earlier in today’s debate, the Bill presents a number of potential regulatory impacts. There are a number of further considerations which must be made before progressing legislation, including ensuring consistency with current legislation and the potential impact on employers. These considerations and potential impacts require detailed assessment and scrutiny in advance of progressing legislation. As part of this assessment, a full regulatory impact assessment must be carried out.

A number of Members throughout this debate raised the legal basis for domestic violence leave, which I want to address. I am informed that the domestic violence leave is provided for in statute via an amendment to the Parental Leave Act in the Work Life Balance and Miscellaneous Provisions Act, which was brought into law by colleague, the Minister, Deputy O'Gorman, in 2023. This is just to answer those points that were raised earlier.

In relation to the time needed, time must be given to allow for full consideration of a recently completed research study commissioned by the Department of Children, Equality, Disability, Integration and Youth, which will inform the development of Government policy and legislative proposals in line with the principles of the Private Members’ Bill. Affording Government this time will support the development of an evidence-based policy position and fit-for-purpose legislation.

Finally, the Government is of the view that the Organisation of Working Time Act is not the appropriate or logical legislative vehicle to provide for the proposed new entitlements.

The Act is designed to transpose the European working time directive and deals specifically with provisions regarding employees' time at work. Stand-alone legislation or amendments to legislation related to the type of leave proposed in this Bill would be more fitting.

It is on this basis that I urge the House to pass the amendment moved by the Minister of State, Deputy Richmond, which proposes that this Bill "be deemed to be read a second time this day twelve months". This will allow time for a proper assessment of the regulatory impacts of the Bill, full consideration of commissioned evidence-based research and the consideration of the most appropriate legislative vehicles for the provisions. As I said earlier, we are all united in wanting to make progress in this area. Providing this additional time will support the development of Government legislative proposals, in line with the principles of the Private Members' Bill, before the end of 2024.

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