Seanad debates

Wednesday, 9 July 2025

Pregnancy Loss (Miscellaneous Provisions) Bill 2025: Second Stage

 

2:00 am

Photo of Sharon KeoganSharon Keogan (Independent)

I thank Nicole for sharing her personal story. There are many women in this Chamber who could share their stories, too, but today this is about Nicole's story. I want to thank her for introducing this legislation, which marks a significant compassionate step forward in how we as a society and as a legislature recognise the reality of pregnancy loss.

The Bill acknowledges something that many families have known for far too long – that the loss of a pregnancy, whether at six weeks or 16 weeks, is not just a medical event, but a bereavement. It is a moment of grief, heartache, heartbreak and profound emotional impact. It is time the law reflected the truth.

Under this legislation, employees who experience pregnancy loss will be entitled to paid leave of five working days for the person who was pregnant and two and a half days for that person's partner or co-parent. This is a humane and necessary reform. It gives people the space to grieve, recover and be acknowledged for this loss.

The Bill also provides for the creation of a confidential opt-in registry of pregnancy loss. This is a powerful and symbolic measure. It allows parents to formally record the existence of a child who may never have been legally recognised. For many, this will be a source of healing and dignity.

I commend the sponsors of the Bill for their thoughtful and compassionate work. It is a Bill that speaks to the emotional reality of pregnancy loss and it brings our legal framework closer to the lived experience of many families.

However, while I support the Bill wholeheartedly, I must say it does not go far enough. The legislation recognises the loss of a child in early pregnancy as something worthy of leave, recognition and respect but it also unintentionally draws attention to a deeper inconsistency in our laws that we can no longer ignore. Let me remind the House of the Women’s Aid 2024 annual report, which revealed that 188 pregnant or postpartum women were supported last year due to intimate partner abuse. These are not just statistics. They are women whose lives and the lives of their unborn children were placed in danger. I have spoken before of a young woman from Dublin who, while 22 weeks pregnant, was stabbed to death by her partner. The court heard he intended to kill her unborn child but no charges were brought for that death. I have spoken of the 27-year-old mother in Donadee who, at 34 weeks pregnant, was murdered in her home. Two lives were lost but only one victim was recognised in law. These cases are tragic but they also expose a legislative vacuum. While this Bill recognises the emotional loss of pregnancy, our criminal law does not yet recognise the legal loss of an unborn child when the loss is caused by violence.

I am fully aware that this Bill is focused on employment law and civil registration. It amends the Organisation of Working Time Act and related legislation. It does not and cannot create new criminal offences. However, I believe it is entirely appropriate in the context of this debate to highlight the moral logic that underpins this Bill that the loss of pregnancy is a loss of life, of hope and of potential. If we accept that logic in the civil sphere, then we must also begin to ask why our criminal law does not reflect the same truth. If a pregnancy ends in violence due to a violent assault and the unborn child dies, that death is not counted. There is no separate offence, no additional charge or justice for the child. This is not about abortion or interfering with reproductive rights. It is about intentional violence, criminal accountability and ensuring that when a child dies in the womb-----

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