Ollie Crowe (Fianna Fail) | Oireachtas source

Not at all. I welcome this topic here this evening. It is an issue I raised myself last year and one I certainly want to see Government advance. It is also welcome that the Government is not opposing the Bill.

For too long families have suffered in silence, being forced to use personal leave as they come to grips with a tragedy. Research suggests one in four women has suffered a miscarriage and the vast majority of these tend to happen in the early stages, before the 24-week mark which is currently the point from which leave is provided for by legislation in Ireland and many other countries. We also know, as two Senators have already pointed out, that up to 14,000 women a year suffer a miscarriage in Ireland, which is frightening. The current legislation which regards the 24-week point as a landmark in Ireland and other countries makes little sense. Parents suffer an enormous loss and an enormous tragedy regardless of the week in which it happens. We need to provide for special leave in this tragic scenario so that people are not required to use their ordinary sick leave, which I understand is what currently happens in many cases. The Government supports this but wants to ensure it is done in an appropriate manner.

We also know that as many as one in six heterosexual couples in Ireland encounters fertility difficulties. Again, this is an issue with which people tend to struggle in silence. These issues are clearly common but they are also incredibly challenging and it is important not to lose sight of that.

The Government says that the introduction of any additional form of compassionate or family leave would require detailed legislative provisions as to the circumstances in which the leave entitlement would arise and may give rise to consequential amendments to existing legislation. The legislation would need to provide for a detailed definition of certain medical terminology and the circumstances in which leave for reproductive purposes would apply. For example, would the leave only apply to the employee undergoing the treatment? It would also be necessary to clearly define the circumstances in which pregnancy loss or reproductive health interventions are more appropriately matters for sick leave and medical care. Development of legislation of this nature would require significant policy development across a number of Departments.

There are also a number of specific issues with the Private Members' Bill, as drafted. The proposed new section 23(B)(1) to the Organisation of Working Time Act 1997 provides that an employee shall be entitled to 20 days' leave with pay from his or her employment "where the employee has miscarried a child having a gestational age of 28 weeks or less". This wording, in its current form, would not appear to provide for leave for both partners, which I presume is the intention. It is also unclear why the Bill proposes leave with pay when a miscarriage occurs before 28 weeks gestation given that the existing entitlements to maternity and paternity leave apply to a stillbirth after 24 weeks. The Bill proposes 20 days paid leave for miscarriage and ten days for reproductive healthcare treatment, which is significant. This would also effectively result in an inconsistency in that a worker would have a right to receive a month’s pay from the employer in the event of a miscarriage but would have no statutory right to pay from an employer for maternity leave in the event of the birth of a child where the State pays for that maternity leave. As the Bill proposes a statutory right to significant levels of paid leave, a full regulatory impact assessment would need to be undertaken before this legislation is progressed.

Having said that, I believe all Members in this House are united in the view that progress needs to be made in these areas during the life of this Government. I suggest we work together to ensure that progress is achieved. Perhaps we could start by inviting the Minister, Deputy Stephen Donnelly, into the House to hear his views and the plans of the Department and to create urgency to ensure the actions required are taken within the lifetime of this Government. Finally, I welcome the Minister of State, Deputy English, to the Chamber and I look forward to his response.