Seanad debates

Monday, 24 May 2021

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

 

10:30 am

Photo of Ivana BacikIvana Bacik (Labour) | Oireachtas source

I thank all who spoke so eloquently in support of the Bill. Everyone was supportive and tonight we saw the Seanad at its best. I thought the speeches were so moving and eloquent. I particularly thank those who shared their personal experiences. Senators Sherlock and Seery Kearney spoke courageously about their own life experiences. We all know people who have been through this. I am lucky enough to be a mother of teenage daughters. All of us understand the pain and heartbreak experienced by so many in what somebody described as the road to parenthood.

Senator Keogan spoke about miscarriage as something that is experienced by many but talked about by few. That summed up the culture of silence. So many of the brave women and men who emailed and contacted us talked about the feeling they could not speak about this, particularly in the workplace to their employer, even to their doctor or anyone beyond a small circle. That for all of us in the Labour group encapsulates why this Bill is so important. It seeks to introduce a practical measure and, symbolically, it seeks to break down the culture of silence and give people space to speak about these raw and difficult personal experiences. I thank again all colleagues for those outstanding contributions. I thank the Minister of State for his positive response. I particularly thank the INTO and Councillor Alison Gilliland who initiated this legislation for their work on this area.

The Bill is about choice for women and couples experiencing difficulties with reproductive health. It does not place any onus on any employee to speak publicly or within their workplace. Currently many conversations are going on within workplaces. Many people may not wish to have that conversation, even if the Bill is introduced. The point is it would provide choice. It is an equality measure, specifically to enable recognition of women's reproductive health, and a workplace measure for men and women. It has been positive to see so many male colleagues as well as women contributing to this debate. It is about improving quality of life and culture in the workplace.

Some asked about the extent of the application of the Bill. Legislation is in place relating to late miscarriage or later stillbirth. I pay tribute to the work of Féileacáin and the neonatal and stillbirth alliance, which brought to my attention and that of others the gap where earlier stillbirth is not covered. This Bill does not cover that but now that it has been brought to our attention, it is clear more needs to be done.

The Bill does not apply to partners. It applies to somebody who needs medically certified time off for reproductive health treatment. That would include termination of pregnancy and early miscarriage. There is a physical and emotional recovery involved. It is not a cover-all bill. It does not cover bereavement. Many people have spoken eloquently about bereavement, losing a child, spouse or partner. We do not, as the Minister of State said, have statute law on that; we should. The Minister of State at the Department of Health, Deputy Rabbitte, brought forward legislation on parental leave previously. That is beyond the scope of this modest proposal.

The Minister of State, Deputy English, referred to the structure of the Bill. I agree with him. We introduced the Bill as a modest proposal in early March based on the force majeureleave provision in the Organisation of Working Time Act. Given the number of people who have come to us and the experiences we have heard about, I agree with him. It is more appropriate for a stand-alone Bill or a Bill that comes within the equality framework. I would like to work with him, his Department and the Minister for Children, Equality, Disability, Integration and Youth and his Department on developing that framework. The number of issues, the extent of the experience and the fact that so many people are touched by this points to the need for stand-alone legislation that is not just built onto the existing legislative framework, which is the Organisation of Working Time Act. It may be that some sort of banded leave provision should be provided for, depending on the stage in pregnancy when a miscarriage is suffered or a stillbirth is experienced. The INTO first talked to me about that. It may be that would come as an amendment to the employment equality legislation.

These are technical matters. What is important to all of us here tonight and all those affected by the issues we are discussing is that the principle be recognised and that there should be statutory recognition for time off work for people who need it where they have experienced miscarriage, the loss of a wanted pregnancy or are enduring IVF or other fertility or reproductive health treatments. I am happy to continue to work with the Minister of State and other colleagues in this House on this issue.

I again thank all Members for the support. I am conscious of all the people touched by the issues and thinking of them and the journeys they have been on.

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