Peter Burke (Longford-Westmeath, Fine Gael)

I welcome the opportunity to discuss this Private Members' Bill that addresses the extremely important and sensitive subject of pregnancy loss.

Miscarriage can be a deeply personal loss and is something that is often dealt with privately by mothers and fathers who grieve the loss of joy, excitement and a precious future imagined. I know one in five women or couples can experience pregnancy loss, and it is something that has impacted all of us here, whether directly or through a family or friend.

As many of present for this debate know, sadly, it can be an incredibly difficult reality to face emotionally, physically and mentally, and many require time to mourn this loss or even to begin to heal. Despite how common pregnancy loss is, unfortunately, many people endure this grief in silence, especially in a work environment. While society has made some progress in acknowledging and discussing pregnancy loss, many still find it difficult to speak about it openly. As a result, individuals often navigate this experience without the support of family, friends, colleagues or, indeed, their employer. I know for many here today that it has been a very difficult and challenging thing to discuss. I hope that throughout the debate we are mindful of the spectrum of experiences that exist when it comes to miscarriage, pregnancy and parenthood.Employees should feel safe and supported in sharing their loss with their employers and in seeking the time they need to process their loss and start to recover from it. Currently, we have no provision for leave when it comes to the loss of a pregnancy prior to 24 weeks gestation. The Maternity Protection Acts 1994 to 2004 provide for an employee to be entitled to full maternity leave in the case of a stillbirth after 24 weeks gestation. The Paternity Leave and Benefit Act 2016 also provides for paternity leave in this situation. The Sick Leave Act 2022 provides for a statutory sick pay scheme for all employees who are medically certified as unfit for work. From 1 January 2024, the entitlement to paid sick leave increased to five days.

However, I acknowledge that those experiencing pregnancy loss may not require sick leave, but rather may need time away from work and other daily commitments to recover from what they have been through. Despite existing legislation in this space, I believe there is a need within our legislative framework to better care for working mothers and fathers who go through a pregnancy loss.

Employees should feel that a miscarriage is a loss that they can share with their employers, recognising that they have suffered a bereavement and that they need time and space to process this and to recover. Employees should not feel concerned that an honest conversation about their pregnancy loss will disadvantage them in some way or that they cannot trust their employers to deal with this information in a sensitive and appropriate manner.

I would like to commend the Bill’s sponsor, Senator Ryan, for her detailed testimony and for ultimately trying to ensure others get the support and compassion that she did not. I also acknowledge other Senators who spoken on their very personal circumstances. The time and compassion that went into this Bill is appreciated by many, including me. I have had conversations with members of my own party and others. I also know that work has been carried out by the cross-party Oireachtas pregnancy loss group, which I look forward to engaging.

This is a complex policy area and one that requires sensitive consideration and assessment in advance of progressing legislation. I have received advice on this Bill, and my officials are of the view that there are significant policy challenges to the operation of the Bill as it is currently drafted, including the legislative vehicle proposed to carry out the statutory entitlement. Ultimately, an amendment to the working time Act is the wrong channel to address this issue.

On this basis, I propose that the House pass a motion that the Pregnancy Loss (Miscellaneous Provisions) Bill 2025 be deemed to be read a second time this day 12 months so as to allow for sufficient time to develop Government legislative proposals in line with the principles of this Private Members' Bill.

In proposing this motion, I would like to underline that I understand fully the importance of progressing legislation in this area as a priority and I am committed to doing this. Over the coming period, officials in my Department will engage across the Government to develop proposals that include measures proposed in this Private Members' Bill.

I want to explain my genuine reason for proposing this timed amendment. The main legislative vehicle proposed in the Bill - the Organisation of Working Time Act - does not suit the purpose it is being used for. The Act was drawn up to implement the European working time directive. Its aim was to set out legislation only regarding employees’ working time, such as an employee’s maximum working hours, entitlement to minimum rest periods and an entitlement to a minimum period of paid annual leave. It is a narrow Act, introduced only to implement a specific European directive. The Act was not designed to set out the terms and conditions around the taking of specific or protected forms of leave and does not align with the aim of these amendments. The Act only references protective or compassionate leave arrangements to clarify that they are not to be included in reference periods used to calculate maximum weekly working hours and nightly working hours. Our legal advisers have been clear on this. Should legislation be progressed in this space, stand-alone legislation may provide a more suitable and coherent legal basis.

In terms of the work already carried out, I am informed by officials from the Department of Children, Disability and Equality that they are currently considering the findings of a qualitative research study that examined the workplace experiences of people dealing with pregnancy loss. This study was conducted by researchers from University College Cork and University of Galway. The aim of the project was to examine the workplace experiences of pregnancy loss before 24 weeks gestation and to identify relevant supports. The findings of the report have been presented to the Department of Children, Disability and Equality and to members of the Oireachtas and I understand they are now being considered by officials in that Department in the context of the development of a new national strategy for women and girls. The strategy is at an advanced stage of development. Building on the work undertaken in the consultation phase, the strategy will take a life-cycle approach, calling attention to and addressing the challenges faced by women and girls at the different stages of their lives.

Alongside this work, officials in my Department are monitoring the development of pregnancy loss legislation in other jurisdictions, particularly in the United Kingdom. It has only been recently announced by the UK Government that families who experience pregnancy loss before 24 weeks are set to become entitled to protected bereavement leave under new amendments to the Employment Rights Bill. While the details of this are yet to emerge following public consultation, my officials will continue to engage with their counterparts in the UK as more clarity develops on proposals, which will offer valuable insights into the policy and legislative work involved.

There are also broader policy questions to address, including the potential implications for the Department of Social Protection in terms of the proposed development of a voluntary register for pregnancy loss to be operated by the General Register Office. While this falls outside my remit, I am informed by the General Register Office that it registers stillbirths that occur within a certain framework. Developing a registration process for loss of pregnancy outside these thresholds would need to be carried out by the Department of Social Protection.

More generally, the Private Members' Bill requires that pay in respect of an employee’s pregnancy loss-related leave shall be at the normal weekly rate for one day of employment. The entitlement is proposed at a rate of five working days paid leave to the employee who experiences pregnancy loss and an entitlement of 2.5 working days to an employee who is a parent of a pregnancy loss.

Maternity and paternity benefits are paid by the Department of Social Protection to those who have a certain number of PRSI contributions on their social insurance records and who are in insurable employment up to the first day of their maternity or paternity leave.

The intent of this Bill is at one with my intent. The subject matter is deeply important. I have considered the matter closely and engaged with many colleagues on it, and I fully recognise the need to introduce leave for those who experience pregnancy loss. It is for these reasons that I have tabled a 12-month timed amendment.

I fully recognise the urgency and significance of progressing proposals in this area. However, this additional time will allow my Department and others to thoroughly assess the regulatory and policy implications and engage meaningfully across Government to ensure that the development of Government legislative proposals are well-informed and aligned with the principles set out in this Private Members'’ Bill. I express my genuine appreciation for all colleagues who tabled this and previous legislation and for continuing a conversation that is very important to have in the Oireachtas.

I commit to working across all parties to introduce proposals to implement leave for pregnancy loss and to doing all I can to bring this topic to the forefront in Seanad Éireann, Dáil Éireann and, indeed, across wider society. While I know many women and parents prefer to deal with pregnancy loss privately, and that is their absolute choice, women should not feel like pregnancy loss in the workplace is a taboo subject and that their suffering and loss must be experienced or acknowledged silently or in a discreet manner. I therefore respectfully ask the House to agree to a motion for a timed amendment in order to address this issue together. We are at our strongest when we are united.