Seanad debates

Wednesday, 9 July 2025

Pregnancy Loss (Miscellaneous Provisions) Bill 2025: Second Stage

 

2:00 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent)

I join others in commending a very good and necessary Bill, as has been said. It is very good and well drafted legislation, with real nuance and sensitivity in how it approaches the issues, and goes through the kinds of policy points highlighted by groups and academics and addresses every concern section by section and line by line. I know it may seem kind of cold to go to the quality of the legislation, but I think this is really important because it should not be delayed. This is one of the really well-drafted Bills I have seen. It goes through and looks at all the things that matter. It looks at the question of duration by setting an incredibly modest baseline, but with scope for greater leave in terms of five days. It looks at the vital importance of discretion and people being able to seek this leave and being given the proper privacy in respect of when they wish to seek it from their employers.

Crucially, it looks at the protection of employment rights. Sadly, not every employer is compassionate, although many are. The legislation considers the protection of employment rights for persons in terms of this situation and examines creating that space. It is not just about the people who want that space. Sometimes, when people have to take their place in work, especially in respect of the way they often are having to take it now, but simply cannot go to work at a certain time, they are having to seek sick leave or annual leave, which may or may not be granted. People in this situation are in a position of vulnerability. Many employees, many pregnant women, are in that position.

As I said, this is a very well drafted Bill. Frankly, when good legislation comes through, and comes through from the Opposition, the right thing to do is to let it progress. It does not become law as soon as it leaves Second Stage and goes on to Committee Stage. Rather, this facilitates constructive debate. It may well be the case that the legislation might be incorporated into Government legislation, but this is what we have done in the past. We did with legislation from former Senator Bacik and with my colleague, Senator Ruane, and here NDA Bill. Those Bills did end up being incorporated in Government legislation down the line, but what happened was that they were teased out really well by engaging in good faith with the Opposition and the proposals put forward. We need to get back to that kind of constructive co-operation. I am worried about the direction of travel in this Government, where everything is delayed. It seems a case of, "Thank you for your idea; we will think about later, but we are going to stop you in the moment." This sends an unnecessary signal of pausing and stopping those trying to progress these issues.

Turning to the substance of the Bill, I think it is crucial this is properly addressed. The physical and emotional impact on people has been talked about. It is very important to be clear that this Bill is centred on the pregnant woman and their partner. People experience this loss in different ways. For some people, it is the loss of a life, while for others, it is the loss of a pregnancy and the loss of potential and possibility and a way of thinking of the future. People experience it in different ways. This is why, again, this is good nuance in this Bill. The register, for example, is an opt-in one that people can approach in the way that is right for them. I know people who have experienced this loss in different ways, so there is this opt-in component. The legislation does effectively centre the woman affected and their partner. It is also very good in recognising the question of kinship care and others, where somebody else needs to step in where a parent may actually be lost.

When we look to this Bill, it is really important for those affected that it is not simply concerned with whether the loss comes at nine weeks, 12 weeks or 20 weeks. An extraordinary journey can be taken in those nine, ten, 12 or 20 weeks. For many, too, the loss may be following a journey of years for persons who have undergone IVF and been undertaking a whole journey to try to have children. For some people, this is really coming as part of an intense, long, emotional journey they have taken to get to the point of being pregnant and to move it forward. The hormonal impact is an extraordinary thing even in itself, apart from anything else. It is cruel to suggest that people would have to step into work and cover it over.

We know this has happened for years and years. How many books and stories have we read, when late on, perhaps after years of suffering and knock-on effects in terms of other relationships and inter-family relationships, it is revealed that somebody had a miscarriage? It becomes an underlying thing, rather something society acknowledges happening to women and recognises the need for them to be supported through and given the kind of deeply caring and deeply thoughtful legislative, policy and compassionate supports as set out in this Bill. This is why I really think we should be progressing the legislation. This is the caring and correct thing to do. If the Government wishes to outflank the Bill, because it has much faster ways of moving legislation, so be it. The best way to show it is taking the issue seriously now, though, is by letting this legislation progress and letting us bring it onto Committee Stage to further tease out each individual section of this excellent Bill. This is the thing that will send a powerful signal to the women of Ireland and their families.

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