Seanad debates

Thursday, 20 January 2022

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

 

10:30 am

Photo of Ollie CroweOllie Crowe (Fianna Fail) | Oireachtas source

I support the Bill. I have listened to the comments of other Senators, in particular Senator Ardagh, which showed the difficulty and the challenges on the human side. I know from personal experience in Galway city and beyond that this is something that has touched almost every household and every family in the land. We are all aware of what an enormously difficult time it is for parents and that for other family members, be they brothers, sisters, cousins or friends, it is frightening.

The Government has previously stated agreement with the basic point being made by the Bill, that is, the need to provide for entitled paid leave where the employee has suffered a miscarriage at 28 weeks gestation or less. The Bill also proposes to provide for ten days leave with pay in regard to the receipt of treatment from a registered practitioner in the State in regard to the pregnancy, childbirth or assisted human reproduction. Across the Chamber there is broad agreement in that regard.

As we know, as a preliminary step, the Department of Children, Equality, Disability, Integration and Youth conducted a survey of existing research and literature on the subject of pregnancy loss, domestically and internationally. It identified a need for further research of the workplace experience for parents who are dealing with pregnancy loss.A tender for the qualitative research was developed and has been issued for response by the end of January 2022, which is welcome. The subject is of a very sensitive nature, as we have heard in the Chamber today. I think it has been decided that the research should be reviewed by the ethics committee and has, therefore, been issued only to the relevant institutions. It is anticipated the outcome of the study will be available in the summer of 2022 and we will all welcome it.

The Minister for Social Protection advises that her Department is completing a review of the legislation relating to the registration of stillbirths and will be bringing forward proposals to facilitate broader access to the stillbirth register in the form of a civil registration (amendment) Bill later this year, as I understand it. The Tánaiste and Ministers understand the importance of progressing the proposals in this area as soon as possible, and the relevant Departments will be working collaboratively, undertaking to progress these matters over the coming months, and will follow completion of the above-mentioned research and reviews with the development of appropriate Government legislative proposals in line with the principles of the Bill before the end of 2022.

As all Members will be aware, the Organisation of Working Time Act was enacted to provide for the implementation of the European working time directive. In that regard, it sets out an employee's maximum working hours, entitlement to a minimum rest period and entitlement to a minimum period of paid annual leave. The Organisation of Working Time Act is not designed to be an initiator of new policies or to set the terms and conditions around the taking of specific forms of compassionate leave. With that in mind, the Government is of the view that stand-alone legislation would be more appropriate to advance this issue. That is my understanding. Regardless of the vehicle used, whether it is amending this Organisation of Working Time Act or new legislation, this is needed. The discussion in the House today is welcome. The most important thing is that we will resolve the issue. The Government commitment to bringing forward legislation, which it will do before the end of the year, and it is be hoped before that, is welcome. As has been outlined by other Members, we all want the issue to be resolved as soon as possible but it must be resolved in the most comprehensive manner possible.

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