Emer Currie (Fine Gael) | Oireachtas source

I thank the Labour Party Senators for bringing the Bill forward. I acknowledge anyone in this House or in the other House who has been affected by this issue. All Senators know the anguish many people and families suffer in trying to have a child, as well as the physical or psychological pain of miscarriage, IVF and other fertility and reproductive treatments. It is so common. Every time I hear the number of people who are affected, I am shocked at how common it is.

Every circumstance and experience of fertility is different, but there should be clear statutory provisions for when it does not go to plan. There should be a State safety net to support women through the challenges they often face stoically and silently in the workplace. All too often, reproductive health in general is hidden. A matter can be personal and private but not hidden. It still needs to be provided for with dignity and compassion. Providing leave in these circumstances acknowledges the loss, anguish and trauma of women and their families, but it is also about workers' rights. Let us face it, it is mainly about the rights of women workers and making workplaces more realistic and fair for them. Too many barriers still exist for women in employment and those barriers mainly centre around reproduction, having children and caring for them. Workplaces are still very much one-size-fits-all places. The reality is that life is not black and white; there is lots of grey. That tends to affect women more so throughout their life stages, as was noted. We need this kind of legislation to break down those barriers.

The current provision is for a standard 26 weeks of maternity leave and an additional 16 weeks' leave for those who suffer miscarriage after 24 weeks or when the baby reaches a certain weight. However, there is a need to address the gap in the context of miscarriages before 24 weeks. All present have been inspired by New Zealand passing the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021 in March. It provides an entitlement of three days' leave to mothers and their partners following a miscarriage or stillbirth, which is an extension of the existing statutory bereavement leave in New Zealand. The Act provides three days' leave for women and their partners who lose a baby at any stage of pregnancy. Prospective parents will also be eligible if the mother of the baby they were hoping to adopt suffers a miscarriage, which is an important provision.

Time off for miscarriage at any stage should not be covered by a person's annual leave, sick leave or unpaid leave or by the kindness of the employer. As Senator Sherlock stated, it underlines the inequity of the situation that you may have an employer, job or role that can accommodate such leave, but not all people have that. There should also be provision for leave in the context of IVF fertility treatment and reproductive health. That treatment can be incredibly invasive. Again, it is about inequity or equity in terms of access and costs. I agree we need a model of care under which infertility issues can be addressed through the public health system. I, too, wish to see the assisted human reproduction legislation advanced. It is true that the introduction of any kind of paid leave will necessitate consultation with employers and a full regulatory impact assessment and stakeholder consultation would need to be undertaken. That is fully understood.

I thank the Irish Neonatal Health Alliance, INHA, for its Oireachtas briefing document on baby loss. The briefing notes there is currently no statutory entitlement to paid leave for parents whose child dies at any other age. That point was touched on by Senator Mullen. It is something we need to debate and consider. It is mind-boggling that a parent could be in a position where he or she would have to return to work, particularly before he or she is ready to do so, and that is what would have to be considered. To return to the point on equity, if people in certain jobs or roles do not have access to that leave, a statutory provision would be a good instrument, but it should be borne in mind that people react differently and some may need more time than others.

I acknowledge the work of Kildare County Council. The Irish Neonatal Health Alliance noted in its briefing that the council has waived fees for burial plots where a baby is less than 18 months old. If a family plot is chosen, the plot fee will be reduced. If the family chooses to bury the baby in an angels plot, the council will waive the fee. Those are practical things that could be done more widely for families to make something that is so awful a little bit better. In some countries, the state pays funeral costs for babies and children up to the age of 18. That is a compassionate support which this debate gives me an opportunity to highlight.

I will give the last word to the women who went through so much pain by themselves because of restrictions on maternity services. I acknowledge our female friends in the North who still do not have access to healthcare services in the most tragic of circumstances and have had to travel during Covid-19. I thank the Senators for raising this issue and I look forward to working with the House on legislation.