Maternity Protection (Child Bereavement) (Amendment) Bill 2026: Second Stage
Seanad Éireann — 2026-02-11
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Nicole Ryan (SF), Administrative Panel

I thank the Acting Chair and everybody for contributing to the debate. It is great that we are having debates on these topics in the Seanad.
This Bill has highlighted two fundamental gaps in our legislation and really highlighted the problem whereby we do not have statutory bereavement leave. It is very evident. I recognise the Minister said that there were all these issues. This Bill was never perfect. If I brought in perfect legislation, I probably would not be here, to be honest. That is what Committee Stage is for and what all the Stages of the Bill are always for. What is the point of Committee Stage or any of these Stages if we are constantly getting timed amendments? Eighteen months is a long time but it is not the first Bill I have a had a timed amendment on. I really acknowledge the work that has been going on in Departments around pregnancy loss and miscarriage but we cannot lump that together. That is very dangerous because the contributions from the Government side have been around miscarriage and pregnancy loss. That is separate to having a dying child in your arms. It is separate to giving birth and one of your other children dying. It is not the same thing and this Bill is not looking at pregnancy loss and miscarriage. I have a Bill that is already looking at that. This is looking at a situation where if I was to give birth to my child and that child died, or if I already had existing children and they died, I could postpone my leave. That is what it is asking for.
It is great the Government has now gone on record in committing to pregnancy loss legislation and advancing that. In the cross-party group, which many Senators and TDs are on, we have been working really hard with the Department. I can work with the Department no problem but it is that timed amendment and the length of time. The woman who inspired this Bill is sitting at home watching this and it is another barrier or stab to the heart for her because she has lost that child. Nothing will bring that child back for her. She knows this legislation does not apply to her and never will, but there are others this could apply to. It is compassionate policy because if we are legislators, we need to take on board the people we represent. We need to take on board their lived experience, which are the most powerful thing. If we have policies that do not reflect the lived experience of people, then what is the point? If we are telling people how they should be living and grieving and we are telling what is acknowledged and not acknowledged in law, that is not a society that anybody wants to live in.
It is disappointing but it does not stop the work from continuing. I am glad that pregnancy loss and miscarriage leave is being looked at but I want to clarify that is not the same as this Bill. That argument does not really stand because pregnancy loss, miscarriage and bereavement after your child is born are different things. Like I said, it opens the wider discussion on why we do not have statutory bereavement leave. That is a massive flaw and gap in legislation.
I thank all the Senators across the House who contributed to this debate. I really appreciate it. I will work with the Minister and her Department - no problem - in addressing the gaps in this legislation. Like I said, it is not perfect but it is a mechanism we can now highlight and look at to say these are massive gaps in our legislative processes and we need to fix them, and fix them fast. While it does not affect a lot of people, it still affects women out there. It affects families. Loss is a thing that is forever; you never get over it. You just learn to live with it.
I am disappointed but the work continues. I thank all Senators for contributing to the debate.

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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