Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

The purpose of the Bill is manifold. It is to ensure leave of 20 working days for those who have experienced a miscarriage and leave of ten working days for people in respect of assisted human reproduction such as IVF. It is also designed to create awareness and discussion about the impact of miscarriage in a compassionate and considerate way and to put a belated focus on miscarriage and reproductive health, which is often shrouded in silence with so many people suffering as a result.

The Bill's intent dovetails with that of the Miscarriage Association of Ireland’s mission, which is to “increase awareness in the general public that all pregnancy loss is a bereavement and the length of the pregnancy is not related to the depth of the grief and sense of loss experienced". Legislators and employers have a responsibility to those women affected by these circumstances to act appropriately when necessary. Last November, Sinn Féin brought a Bill to the Dáil to reform the Organisation of Working Time Act to protect workers. The Bill sought provision of a statutory entitlement to paid leave to acknowledge the challenges workers face when trying to escape an abusive relationship. We need a whole-of-society response that both supports and protects women. Today’s Bill is aimed a creating a compassionate environment in which workers are protected and supported and have better working conditions.

A miscarriage, whatever time it occurs, in the cycle of a pregnancy is a traumatic experience. It is a deeply personal loss and requires recognition that a potential life has been lost for reasons that many parents and their partners, friends and work colleagues may have difficulty understanding. Compassion and understanding will help the grieving and overcome the taboo that exists in some quarters still. Miscarriage is often not spoken about and people are unsure how to react or what to say.This awkwardness can add to feelings of anxiety for those affected. Workers here are entitled to the full State maternity benefit if they have a miscarriage from 24 weeks on but not earlier. However, most miscarriages happen in the first 12 weeks of pregnancy. Giving leave, specifically for a pregnancy loss, is about much more than money or time. Such leave would recognise that pregnancy loss is sometimes part of life. Tragically it is a very common experience for many women and others in our society.

The reality is that one in five women will experience a miscarriage at some point in their lives - some colleagues have said one in four. This is a significant number and behind the statistics there is a human story with all the emotions that we easily recognise when a natural death occurs with an adult.

The difficulty women face following a miscarriage can often be added to by having to work, meet colleagues and carry on as if nothing has happened. If we know anything about life these days, we know that loss arising from death and miscarriage is best handled over time with the help from loved ones, family and friends. Legislation and making employers aware of the impact of miscarriage will lift the issue out of its secrecy. When a similar law was being passed in New Zealand this year, it was said that its introduction was “for a compassionate and fair leave system that recognises the pain and the grief that comes from miscarriage.”

The Bill we are debating recognises another complex and difficult issue - that of infertility. It is important that people who are experiencing fertility difficulties are helped. It is a worldwide problem and it is growing according to the World Health Organization. One in six couples experience it. It affects men and women, with male infertility now a significant factor. Similar to the issue of miscarriage, fertility problems are often emotionally difficult to deal with.

Passing this Bill to give leave for women affected by miscarriage will make us leaders in Europe in protecting these workers. However, in other areas of workers’ rights and entitlements this State is lagging behind. For example, this State is one of only five in the EU with no statutory entitlement to sick pay. The Irish Congress of Trade Unions has described sick pay a “basic right other European workers have.” The State is also an outlier in the fundamental right to collective bargaining, giving workers a greater voice and representation in the workplace.

Providing workers experiencing miscarriage with legal entitlement goes some way to help them at a very difficult time in their lives. It will also make the issue easier to speak about in the workplace and encourage solidarity and understanding among work colleagues, which is a good outcome for all involved.

I support the legislation. I thank Senator Bacik and her Labour colleagues for bringing it before the House tonight. This has been a good debate and one we will continue to have. Despite some minor disagreements, we can agree that it is of fundamental and universal importance. I made the point that this issue is often shrouded in secrecy for whatever reason. I do not say that in any negative or judgmental way; it is entirely understandable in the circumstances. This legislation should be passed tonight. One thing that can unify us is a determination to ensure that those workers impacted by this and their families get all the necessary support and consideration along with the services that they need. This legislation is certainly a step in the right direction in that regard.