Seanad debates

Monday, 24 May 2021

Organisation of Working Time (Reproductive Health Related Leave) Bill 2021: Second Stage

 

10:30 am

Photo of Marie SherlockMarie Sherlock (Labour) | Oireachtas source

I thank the Minister of State very much for coming to the Chamber this evening. I am very proud that my party, the Labour Party, is bringing forward this Bill, which seeks to introduce paid leave for those suffering early miscarriage or those who are going through fertility treatment. I am delighted to second the Bill.

I pay particular tribute to my colleague, Senator Bacik, for spearheading this legislation. It is one of many in the area of women's rights as workers, women's health and human rights that she has introduced since becoming a Senator. Great credit must also go to her colleague, Councillor Alison Gilliland, and the INTO, for speaking out about these issues and prompting us to introduce the Bill.

Many women are looking on at this debate tonight who cannot bring themselves to talk openly about what they are going through right now or what they have gone through in the past. We stand with them. Many of us in the Chamber tonight have been in those shoes and have gone through that heartache. For those of us who have been through a miscarriage or fertility treatment, we know the secrecy, sadness and pressure to keep things looking normal on the outside even if we are falling apart inside. We also know that very raw desire for privacy at a time when a woman can feel so vulnerable. We want to protect ourselves in a world where so many others can seemingly so easily get pregnant and stay pregnant and we want to prevent others from talking about us in piteous tones.

The experience of miscarriage is a hugely overwhelming one for the women who go through it. Notwithstanding all our knowledge about the statistics and knowing in advance that it can so easily happen, there is a crushing feeling of inadequacy and intense sadness for those who find out that they have fertility issues and that one of the most natural things in the world – to be able to make a baby – is somehow out of reach. Our Bill is to say to them, and to those other women who have decided to undertake fertility treatment alone so that they can have a baby, that in whatever circumstances they find themselves, it is time that we afforded them dignity and empathy in those situations. In our workplaces, the time has come to recognise, respect and accommodate what they are going through in a dignified manner, if that is what they want and if they need to take off time to deal with what is going on in their life that they can get it, that the State will provide all workers in those situations with the provision of paid leave. This is not a sickness and workers should not have to hide behind annual leave or to be forced to take it. Our call is that workers are respected and recognised for what they are going through. Reproductive health leave must be recognised as a worker's right.

At the heart of this Labour Party Bill is a demand for flexibility and the right to be accommodated when going through an early miscarriage or fertility treatment. Our Bill calls for 20 days paid leave for those suffering early miscarriage and ten days leave for those undergoing fertility treatments. It is important to understand what a woman has to go through if she is undertaking IVF or intracytoplasmic sperm injection, ICSI. It is not a case of an initial assessment and then a once-off procedure. It is a very delicate balancing act of inducing the ovaries through self-medicated, injected medication that is only possible at certain times of the month, being monitored over at least four scans and then, if all goes smoothly, egg collection can take place under anaesthetic. More time is then required before moving to an embryo transfer. All of that can take place over six to eight appointments, if it goes smoothly, or in the experience of so many, it can take many weeks and months.

If we put ourselves in the shoes of a teacher, health professional or retail worker, anybody working in a customer-fronting or client-fronted service, it is not possible to start work two hours later than normal after a woman has gone for her early morning scan; neither is it feasible to disappear for two or three hours in the middle of the day, time that could perhaps be made up later if one was in another job. Whatever one's workplace or role, the need for any worker to attend regular scans and blood tests is all part and parcel of fertility treatment and flexibility and understanding is required on the part of an employer. Where women have felt that they could speak up, some employers have been magnificent, but many other women feel they cannot. We very much hope that bringing forward this Bill will enable women to find their voice and say that they are going through this process and that they need understanding.

I hope this Bill is the first of a series of steps that need to be taken in supporting assisted reproductive technology and therapies and State-support for fertility treatment in this country. For six years we have had commitments by parties in government to introduce State support for IVF. I will never forget February 2016 when Fine Gael said it would introduce IVF if re-elected. That is not to have a go at Fine Gael or any other party, but I recall that day so well because my heart soared, as I know many couples and women who want to access the treatment but simply cannot because of the enormous cost. Senator Bacik talked about the cost, which can go as high as €10,000. I was one of the lucky ones: we managed to move heaven and earth so that I could have my shot and it eventually worked, but for many others there is the heartache of knowing that help is possible, as there have been incredible advances in science and medicine to help women become pregnant or freeze their eggs, but that help is out of reach because of the cost. Such help was not available to previous generations and it is available now, but only for those who go private. What is all the more galling is that medication for fertility treatment is covered under the drugs payment scheme and one can get tax relief for it, but if one cannot get in the door of a fertility clinic because of the cost of treatment then one is not going anywhere. Six years on from the initial commitment I accept there has been some little progress in terms of talk of regional hubs and funding, but we are not there yet. Ireland is the only EU country that does not have supports in place for fertility treatment. I thank the Government for its support on this Bill tonight. It means a lot to me and I know it means a lot to the other women who are looking in on the debate.We ask that the Government move speedily on this because we cannot keep women and couples waiting. Our Bill is a very small step. Much more is needed and I have set out some asks in that regard.

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