Seanad debates

Thursday, 20 January 2022

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

 

10:30 am

Photo of Marie SherlockMarie Sherlock (Labour) | Oireachtas source

I thank the Minister of State for coming to the House. I also thank the Leader of the House, Senator Doherty, for granting us Government time in order to progress this Bill. We are very grateful for that.

A lot has happened since this Bill was introduced and since Second Stage was debated last May. The main driver and proposer of the Bill, former Senator Ivana Bacik, is now in the other House. It has become very clear to us how much of a chord this matter has struck with so many women and men. We have statistics about the degree to which miscarriage, pregnancy loss and infertility affect thousands of men and women in this country. There is silence around pregnancy loss and those who have difficulty conceiving, which is understandable because these matters cut to the very core of us as human beings. It is important that we have this conversation about things that are very important in life and that we recognise that it is not just a health issue but also a workplace one.

We were very heartened to receive cross-party support for this Bill. It is very important to us in the Labour Party that we afford dignity and flexibility within the workplace to those who are going through these experiences and who need that space and accommodation. It is important to say that not everybody will want to talk about what they are going through but some people in particular occupations or jobs simply cannot get the flexibility they need when going through treatment or if they have suffered pregnancy loss. This leave is important because pregnancy loss is not an illness. I was struck while listening to RTÉ this morning by the official from the Irish National Teachers Organisation, INTO, who highlighted so powerfully that once a person stops being pregnant, any pregnancy-related leave is lost to them. The reality is that there is no other leave available within the labour laws in this country, other than taking annual leave or sick leave, and as I said, this is not an illness.

Fertility treatment is not a once-off treatment. It involves a series of tests, scans and procedures that can go on for days. It is not something that can be slotted in in a number of months because our bodies do not work like that. It requires being available for regular appointments. People who have flexibility within their work might be able to duck in and out of the office, or maybe they can work from home, but for teachers, health professionals, retail workers or anybody in a customer-facing or patient-facing service, it is simply impossible to start the day two hours later than they might otherwise, or disappear in the middle of the day and make up that time later. If people have to travel to Dublin, Cork or the other main centres where treatments are privately provided, which is the reality for many couples and individuals wanting to undergo fertility treatment, that involves whole days out of work.

Huge credit goes to the INTO for its campaigning on this issue. My colleague, Senator Hoey, will speak about this further. In 2019, the INTO conducted a survey and 60% of respondents said they had faced reproductive health difficulties in the workplace.

We are grateful for the cross-party support on this but a key part of this Bill is that this is paid leave. The right to leave is an important principle but that right really only becomes accessible and effective for workers when it is paid. Otherwise we are only talking about those workers who can afford to take unpaid time off. We need to ensure we are inclusive of all workers here. Much of our debate last May was about women, and rightly so, but as was highlighted at that time, this is not just about women but also men because men can have fertility difficulties and they may need to present for tests and procedures as well. Our Bill makes it clear that leave is available to both men and women.There are a number of sections in this Bill that we want to try to tease out in detail. I welcome that we are taking Committee Stage of the Bill today. I am conscious that the Minister said last May that there is work to be done on the Bill. We accept that. I understand that some research in this area was to be undertaken within the Department. We look forward to seeing that and to hearing about it today from the Minister of State. Ultimately, we want this right within the workplace to be afforded to workers as soon as possible. In 21st century Ireland it is not acceptable that we ignore these issues within the workplace.

On section 1 and the Title, I mentioned last year that from the health perspective we still do not have publicly funded IVF in this country. While I acknowledge that the regional fertility hubs are being established in 2022, the reality is that six years after the initial commitment, we still do not have publicly funded IVF treatment in this country. Ireland is one of the few European member states that does not publicly fund this treatment. If we are to ensure that fertility treatment is accessible to all and not just to those who can afford it, then this Government needs to make good on its commitment and to do all it can to put in place access to a publicly funded fertility service as soon as possible.

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