Seanad debates

Thursday, 20 January 2022

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

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

As I did on Second Stage, I very much welcome this incredibly important Bill. These are areas where there have been shadows of silence on people's experiences for a long time. Even that Second Stage debate was very important for many people, many of whom will have spoken about their experiences or will have had people talk to them about their experiences in the period following it. In general over recent years in Ireland, there has been a breaking of many kinds of silence through the recounting of the individual experiences people have had. When they are able to talk about them, they are able to do so as patterns or common experiences, such as relating to violence, which they can then share. When we are able to speak about these issues and address them properly, we are able to look to how we can better collectively support one another. It is not just about individuals breaking the silence but also about being able to put those experiences alongside one another and ask how we can do better as a society.

The Bill is an example of legislation that, importantly, recognises that we are not just an economy but also a society, and that workers are not simply workers but full humans, with families and personal circumstances, and work is just part of their lives. We need also to value those important aspects. As Senator Doherty rightly said, we sometimes talk about valuing these aspects at the constitutional level, but we must also follow through. We may say we will give care, waiting and supports to all those aspects of life for everybody who lives in our country, but that is not always followed through on.

I very much commend the former Senator Bacik and her party colleagues, Senators Wall, Hoey, Moynihan and Sherlock on bringing forward the Bill. It is interesting and strong that it has come from the INTO. The Irish Womens Workers Union was the first union to seek paid leave of any kind. It was the first to argue for the right to two weeks' holiday a year and it won that for all of us. The two-week holiday matters for people because workers have families and lives outside work. That the INTO, which represents so many women, although of course we want to see equality in teaching whereby more men will go into teaching, would champion this issue is appropriate and strong and it sends a clear message.

We have heard about those experiences relating to time and communication. Time really matters in respect of IVF, reproductive care and reproductive rights. When we talk about climate, I always say there are planetary boundaries we cannot negotiate with. Similarly, the question of reproductive cycles, or the right days for the right thing to happen, is really important. When people miss windows of opportunity, it can have significant consequences. The stress of balancing a rigid workplace context and having to find ways around it really does have an impact, and those opportunities change from month to month and year to year. It is very important, therefore, that people have control over the days and times they need to prioritise their reproductive health. That is why the Bill explicitly stating that this leave is for reproductive health is so crucial. Another crucial aspect - I commend Senator Ahearn for mentioning it - relates to IVF. There has been a three-year delay for those who cannot privately afford IVF, in regard to bringing in an entitlement to access supported IVF in this State. That will be too long for some families and people. That, too, is an area that needs to be prioritised and progressed.

The Bill recognises that we need not just a legislative change in regard to the State entitlement but also a change in the workplace. That is important and could be applied to other areas. Sadly, as we heard from the testimonies, the sections in the Bill that concern the protection of workers' rights are necessary. As a result, accessing the kinds of entitlements that will be provided for in the legislation will not affect people's employment rights. They will not have to be afraid or worry about that, and that is very important.

There are elements we will need to reconsider. The section before us concerns the principal Act, the Organisation of Working Time Act, which is appropriate, but it intersects with other legislation, something we will need to tease out. For example, when we come to debate section 5, I will talk about the fact that, sometimes, it is not about a particular number of weeks but rather whether it is, say, three weeks, seven weeks, nine weeks or 24 weeks. We must ensure that the maternity leave legislation will be properly applied where people want to access maternity leave. There are entitlements of 26 weeks to that type of leave in the case of a stillbirth and that should be there as an option. We need to examine how the Bill will intersect with other Acts and ensure we will centre the experiences people have had, at whatever time that might be. The stillbirth register, for example, is really important to people and the Government plans to make its own proposal in that regard, as I understand from earlier contributions. That is important and it will require looking for the best aspects of all the proposals and bringing them forward. I hope that will not delay this legislation, on reproductive leave, because I would like us to get it over the line, as well as accelerating action on both the stillbirth register and entitlement to IVF, which are intersecting matters.

I look forward to further debate on the Bill and commend the proposers on bringing forward the legislation and taking account of the reality of life, new life and everything that goes with all these experiences. We must recognise that miscarriages vary greatly and can happen at different stages of life. Sometimes a miscarriage can take a prolonged period, of weeks at a time. That is something on which I might table amendments on Report Stage and which I might seek to reflect in the legislation at a later point.

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