Maternity Protection (Child Bereavement) (Amendment) Bill 2026: Second Stage
Seanad Éireann — 2026-02-11
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Nessa Cosgrove (LAB), Labour Panel

Cuirim fáilte roimh an Aire Stáit. I am also disappointed about the timed amendment and the reason given for it. Eighteen months is a very long time. As Senator Clonan has said, we do not get to bring Bills forward too often. Eighteen months is a very long time for something as significant as this. While it does not affect that many people, it can transform lives. It is small legislation but very important. It would have a significant impact on families, mothers and fathers but would not involve a huge number of people.
I again thank Senator Ryan and her colleagues for introducing the Bill. Senator Ryan has been instrumental in highlighting care for pregnancy loss and postnatal care. Just before this, we had a fantastic session where we got full support from Government and Opposition for a year of postnatal care. To then come back to this timed amendment does not really make sense. The loss of a child is devastating. It is the greatest fear of any parent. It is right that, as legislators, we aim to do what we can in a caring society to help our neighbours through times of suffering. That is what this Bill does. It is a small but very focused change. It does not ask to change the world but it would make a change that would smooth the path for families going through some of their darkest days and would provide dignity, honesty and compassion.
In 2024, the year of the maternity protection Act, we recognised a certain principle. The Minister went through that. The Act allowed maternity leave to be postponed in cases of serious illness. That was an important and compassionate step and it has to be commended. It came on foot of brave campaigning by the Irish Cancer Society, the INTO and others. If we could do it then, surely we can do it now. In fairness, this was not a first for the Oireachtas. In 2004, the Maternity Protection (Amendment) Act allowed employees who were sick to request termination of additional maternity leave and it allowed for maternity leave to be postponed if the child was hospitalised. The 2016 Act then introduced a provision that a father or surviving parent could take maternity leave where the mother died within 40 weeks of birth. Over the previous decades, we have agreed that compassion needs to apply when families face difficult circumstances.
This Bill is very logical. It builds on that legislation by providing that an employee who is pregnant or on maternity leave and who suffers the death of a child can request a postponement of all or part of their maternity leave for a period of up to 52 weeks. It is compassionate and it is exactly what we spoke about this morning. We spoke about postnatal depression, trauma and the physical and emotional supports mothers and parents need after having a baby. This would give mothers control over their lives as they face into unimaginable grief. It is a parent's worst nightmare. It would allow them to return to work on their own terms. Some mothers will choose not to postpone their leave but this would at least give them the choice. That is what we are here to do. We are here to make sure that mothers do have a choice and to give people dignity. The Bill has the full backing of both myself and Senator Harmon, who is not here today. I commend Senator Ryan on consistently bringing forward such legislation.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-02-11/debate/main
Retrieved: 2026-08-14T04:54:37+00:00
Sitting date: 2026-02-11