Ollie Crowe (Fianna Fail)

I move amendment No. 1:

To delete all words after “That” and substitute the following: - "Seanad Éireann resolves that the Pregnancy Loss (Miscellaneous Provisions) Bill 2025 be read a second time on this day 12 months, to allow sufficient time for the development of Government legislative proposals, in line with the principles of this Private Members' Bill."

I welcome the Minister, Deputy Burke, to the Chamber. I thank Senator Ryan for sharing her personal story. It is a very heartfelt story and I wish her all the best.Fianna Fáil welcomes the debate and supports the proposal by the Minister for Enterprise, Tourism and Employment for a timed amendment of 12 months to this Private Member's Bill from 9 July 2025 to allow sufficient time for the development of Government legislative proposals in line with the provisions of the Bill.

I am advised the Organisation of Working Time Act is not the correct legislative vehicle to provide for the type of entitlements set out in the Private Member's Bill. Such entitlements are more appropriately covered by family leave provisions such as those in the Parental Leave Acts 1998 to 2019, which include provision for force majeureleave. As Members will be aware, the equality and family leaves (miscellaneous provisions) Bill is listed for priority drafting in the Government’s legislative programme and consideration could be given to including amendments to provide for statutory leave for pregnancy loss.

This is an issue that affects thousands of families every year and the nature of it means it often does not attract the focus and attention an issue with such widespread impact usually would. As it is so rarely spoken about, it can feel to parents or families it affects that it is rare or unusual when the exact opposite is the case, and it is, sadly, very common. According to the Miscarriage Association of Ireland, one in four pregnancies ends in miscarriage. Often when this happens, very few people are aware, so in addition to the parents mourning this huge loss, it can be very isolating for them too given the vast majority of people in their lives likely know nothing about the massive loss they have just suffered. It can cause a whole range of issues for families and people generally that need to be discussed, and more often.

While it is obviously a challenging topic it is one where supports could really have a transformative impact. As Members will be aware, the report entitled PLACES Pregnancy Loss (under 24 weeks) in Workplaces: Informing policymakers on support mechanisms was commissioned by the then Department of Children, Equality, Disability, Integration and Youth and carried out by University College Cork and the University of Galway. The report was published on 26 January 2024 and made a series or recommendations regarding support for employees who have experienced a miscarriage. These recommendations, which include the provision of statutory leave for miscarriage, are now being considered in the development of Government policy in this area, including any legislative implications.

Members will also be aware the UK is currently examining this issue and has flagged an intention to introduce paid bereavement leave for miscarriage as well as unpaid statutory bereavement leave in some instances as part of a forthcoming employment rights Bill. I understand this is being closely monitored by Department officials. The introduction of any additional form of compassionate or family leave will require detailed legislative provisions on the circumstances in which the leave entitlement would arise and may give rise to consequential amendments to the existing legislation. Development of legislation of this nature will require significant collaboration across a number of Government Departments. I am advised the relevant Departments will, working collaboratively, undertake to progress these matters over the coming months and will consider the development of the appropriate Government legislative proposals in line with the principles of this Private Member’s Bill.

While I am certainly supportive of the aims of this Bill generally, neither I nor Fianna Fáil can support it in its current format, but I will be expecting we would see progress in this area in the short term. It is, of course, understandable that an area such as this will require cross-departmental work on the legislation, but I hope and expect we will see the fruits of that labour in the short term. Following that work, I look forward to seeing legislation before this House that we hope will address the topic.