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Joint Committee on Children, Equality, Disability, Integration and Youth díospóireacht -
Tuesday, 14 May 2024

Parental Bereavement Leave (Amendment) Bill 2021: Pre-Committee Stage Scrutiny

Apologies have been received from Senator Seery Kearney. The agenda item for consideration this afternoon is pre-Committee Stage detailed scrutiny of the Parental Bereavement Leave (Amendment) Bill 2021, sponsored by Deputy Cronin. As members will already be aware, this Private Members' Bill was drafted by Deputy Cronin and its principal aim is to provide for an entitlement to bereavement leave for an employee who is a bereaved parent of a child who has died. This leave entitlement should be for a period of not less than ten working days for a child under the age of 18 and should also apply in the case of a stillborn child born after 24 weeks of pregnancy. Joining us in session 1 to discuss the provisions of the Bill are officials from the Department of Children, Equality, Disability, Integration and Youth, namely, Ms Carol Baxter, assistant secretary, and Ms Lisa Hughes, assistant principal. Also present is the sponsor of the Bill, Deputy Cronin. In session 2, we will be joined by Ms Nina Doyle, regional co-ordinator and parent representative for Féileacáin, as well as Ms Caroline Smith and Mr. Martin Smith. Deputy Cronin will remain with us for session 2. Everyone is very welcome to the meeting.

I will now deal with the normal housekeeping matters. I wish to advise those joining us on MS Teams that the chat function is only to make us aware of urgent matters or technical issues and not to make general comments or statements. Members are reminded of the constitutional requirement that they must be physically present within the confines of the Leinster House complex to participate in public meetings. I will not permit a member to participate where he or she is not adhering to that constitutional requirement. If any member attempts to participate from outside the precincts, he or she will be asked to leave the meeting. In that regard, I ask those partaking via MS Teams to confirm, prior to making a contribution, that they are on the grounds of the Leinster House campus.

As regards parliamentary privilege, in advance of inviting witnesses to deliver their opening statements, I advise them that the evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. Witnesses and members are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

The opening statements will be followed by a questions and answers session with members. I invite Deputy Cronin to make her opening statement.

Ar dtús ba mhaith liom buíochas a ghabháil leis an gcoiste as an deis ár mBille a phlé. I have been a member of the climate committee, the gender equality committee and the foreign affairs and defence committee but this is my first time on this side of the fence. I know the time of the committee members is scarce and valuable and I am very grateful for their attention to what I am proposing in the Bill, which is a period of parental bereavement leave guaranteed as a right in law for parents who are employees.

It is not often that legislation involving employee leave involves a matter of such exquisite sensitivity. As I outlined in the briefing document, if the death of a child is anathema to us as a society, then it is an annihilation for their parents. I believe there is an unfilled space here for the State. There is an as yet unfulfilled duty on the State to protect these parents when they are employees and the unthinkable, the unimaginable, has become their reality. The Bill would help the State to fill that space, fulfil that duty and further establish itself as informed, progressive, insightful and humane on the matter of worker's rights and employment. I have chosen to appear alone today as I believe that what I am proposing is positive, straightforward, compassionate and uncontroversial. I believe that, overall, it is very much in keeping with the ethos and purpose of the committee and its care for families and what happens to them throughout what can be a complicated, difficult and even shocking journey which can come to a brutal halt with the loss of a beloved son or daughter.

In short, the Bill amends the Parental Leave Acts 1998 and 2006 to entitle employee parents whose child has died to the legal right to time off work. For the purposes of the Bill, the child is under the age of 18 or a child stillborn after the 24th week of pregnancy, birth date and death date being the same. The proposed leave is separate and distinct from all other leave, with no negative impact on continuous service or any calculations of benefits accruing from same. The term is not less than ten days for each child. It should be taken within 42 days, or six weeks ,of the child dying, with day 1 being the date of death. As members know, parents can already avail of this kind of valued and valuable leave in the civil and public service. That they can do so signals humanity, solidarity and respect for bereaved employees in the fullness of their lives, not merely in the role they fulfil in an organisation or agency. This Bill proposes to extend that provision and care to the private sector because, at this time of unspeakable trauma, no parent should be having to rely on annual leave or any other kind of leave at the perhaps not-so-tender mercies of an employer to take the time they need to attend to arrangements and official obligations or, indeed, to themselves and their families.

I am particularly anxious to look after lower-paid parents, who might be in demanding front-facing roles or jobs that are largely anonymous. In the immediate aftermath of their child's death, no bereaved parent should be left in a position where their attendance in the workplace is required, either by employer demand or financial or continuous service necessity. Top management might get oceans of discretionary leave, but an ordinary worker might not. The Bill seeks to protect them and all parents who are bereaved. There is no social or employment hierarchy of parental love or loss.

What I am proposing is equitable and mutually respectful for employee and employer alike, as the definition in terms of the parental bereavement leave will make it clear to both what is and can be expected. There is more detail in the briefing note, which I am happy to elaborate on further, but I trust that what I have set out to do here is clear in its need, purpose and provisions.

We will move on to Ms Baxter.

Ms Carol Baxter

I thank the committee for inviting the Department of Children, Equality, Disability, Integration and Youth to its pre-Committee Stage scrutiny of the Parental Bereavement Leave (Amendment) Bill 2021, sponsored by Deputies Cronin and O’Reilly. I would like firstly to offer our sincere condolences to parents whose children have died and to acknowledge the tragedy that this represents for many families.

As Deputy Cronin indicated and the committee is aware, the Private Members' Bill proposes to amend the Parental Leave Act 1998 and make provision for a statutory minimum of ten days bereavement leave for parents of a child within 42 days of the death of that child, defined as being under 18. The Bill proposes to establish parental bereavement leave as separate from other leave. There is no general statutory entitlement in Ireland for workers to bereavement leave. The introduction of a new statutory leave requires careful consideration in terms of the subsequent impact on employment structures, costs and indeed on any potential equality issues which may arise where a form of leave would apply to only one cohort of employee. It is noted that the proposed bereavement leave would not extend to other family members, even though they might also experience serious loss as a result of the death of a young family member. Similarly, the proposed leave would not encompass the bereavement arising from the loss of spouses, partners, parents or siblings.

Our Department and the Department of Enterprise, Trade and Employment, which holds policy responsibility for workplace-related leave, are currently considering the Bill’s implications for families and employers. While the Bill is silent on the topic of a payment for the leave proposed, there are potential costs for smaller organisations in particular, even in the context of unpaid leave. There are particular issues in the Bill which warrant further consideration. The Bill encompasses persons defined as "relevant parents" under the Parental Leave Act 1998 as amended. This definition is very broad as it includes parents and adoptive parents, but also persons acting in loco parentis. It may be more appropriate to include a tighter definition of parent in the Bill. Similarly, the Bill encompasses situations in which the child is stillborn. As parents who experience the loss of a stillborn child would be entitled to their full maternity and paternity leave, consideration would need to be given to how these leaves would interact.

I ask the committee, when considering the Bill, to note the significant developments in the entitlements available to working parents and families in recent years. The Work Life Balance and Miscellaneous Provisions Act 2023 introduced five days leave for medical care purposes for parents and carers, alongside domestic violence leave and a right to request flexible working for parents and carers. Each parent of a child under the age of two can also avail of seven weeks paid parents’ leave. This leave will be increased to nine weeks from 1 August this year. Parental leave was extended in 2019 to 26 weeks for a child under 12, or a child under 16 where the child has a disability or long-term illness, while two weeks of paternity leave was introduced for the second parent in 2016. Family leaves are kept under review to ensure that they are effective and respond to the needs of families. These developments have taken place alongside a broader expansion of entitlements for all workers, including the introduction of statutory sick leave and of stronger rights in regard to flexible and remote working.

Officials are examining how bereaved parents can be better supported. Research has been completed on the workplace impact of pregnancy loss by the pregnancy loss research group in UCC. The research focuses on those who experience pregnancy loss prior to 24 weeks’ gestation. Some of the findings may be useful in informing a broader consideration of how best to support bereaved families more broadly.

I wish once again to extend my appreciation to the committee for the invitation to appear and I look forward to the committee’s discussion.

I thank Ms Baxter. We will move to questions from members. I call Senator Clonan.

I thank Deputy Cronin for proposing this amendment Bill, which is absolutely essential.

I had the experience of losing a daughter back in 2003. She went full term, but there was a cord accident at birth. It is very unusual but it does happen. She would have been 21 this year. Her mother and I were both working parents, which, as a result of economic necessity, is the case for everybody in the Republic. I thank the Deputy. I hope that the Government will support the Bill and that we can get it over the line within the lifetime of this Government.

I have a question about the 24-week cut-off point, for want of a better expression, for a pregnancy. Is that based on international practice? One in four pregnancies ends in miscarriage or stillbirth of one kind or another. Would it be impractical to figure in miscarriage? Even if we do not offer ten days of bereavement leave, we could include some recognition for a worker who is having to come to terms with a loss at some time in the pregnancy. Does that exist elsewhere in our legislation?

When this Bill was chosen through the lottery system, an amendment was moved to delay it for 12 months. The Minister for Children, Equality, Disability, Integration and Youth, Deputy O'Gorman, brought up pregnancy leave but there is other legislation to do with pregnancy loss. The reason I opted for 24 weeks was because it is the relevant time period in the civil registration Bill. I did a bit of research and noted that the Minster for Social Protection, Deputy Humphreys, published a new Bill under which she is prepared to lower the 24 weeks to 23 weeks and the weight of the baby concerned from 500 g to 400 g. I do not know if an amendment might be necessary and I do not know what Stage that legislation is at.

I take the opportunity to offer my condolences to Senator Clonan because I did not know about what he has shared. When I introduced the Bill in the Dáil, I noted that several TDs, including the Tánaiste, have suffered bereavement at the loss of a child. It is different from any other bereavement. It is not the same as losing a parent or sibling or an aunt or uncle. The loss of a child has to be the worst of them all. It is not natural. I offer my full condolences to the Senator. I am so sorry to hear that.

I thank the Deputy. Is the Government supportive of the Bill?

The Government put a 12-month pause on it. We are here today because those 12 months have passed. I hope that, with the help of the committee, we will be able to get the Bill through in the lifetime of the Dáil.

My fingers are crossed. I hope we can. I again congratulate the Deputy and thank her for putting in the work.

Ms Carol Baxter

I extend my condolences to the Senator. As Deputy Cronin said, the 24 weeks has tended to link to the whole area of viability. The new Civil Registration (Electronic Registration) Bill, introduced on 18 April, considers that viability can now more properly be applied at 23 weeks, with, as Deputy Cronin said, a birth weight of 400 g. That is what is behind that legislation. There is another amendment that links it in with the Maternity Protection Act. Developments and viability would enable any changes to be made and to align with subsequent maternity protection legislation. That is the intention in the legislation. As Deputy Cronin has said, our Department is looking at the whole area of pregnancy loss more broadly. That is why we have commissioned the research from University College Cork, UCC, which is looking at leave and the whole area of how a workplace can become more supportive, how people can, for instance, have the right to work online and have a flexible return, and how training can be provided for managers around supporting people. It is also considering the potential for some form of broader awareness within the workplace and wider society. It is looking at the whole area of pregnancy loss, miscarriage and how to support people in the workplace and more broadly, in the round.

I am glad we are having this discussion. There was some debate about whether there was a need for pre-legislative scrutiny of the Bill because it is so straightforward but it is good for the public to hear and see the matter being discussed and taken seriously at national level. I did not know what had happened to Senator Clonan and his family, and I offer my condolences. It is amazing how one would remember that day as if it were yesterday. I have no personal experience, but my sister had twin girls who passed away having been born too early at 23 weeks. She lives in America. One would have thought that could not happen with all the modern technology there. I remember to this day making the call to my employer before I entered this role. The last thing people are thinking of is work and how to get to work. You have to drop everything and go. It is really important that we have these discussions.

In recent years, there has been more focus on pregnancy loss. For several decades, people did not speak about it and people could be quite insensitive, callous and dismissive about it. This is important. While there have been some progressive changes, including medical leave and extended parental leave, these things do not change themselves. They change because people and organisations, such as Féileacáin and advocacy groups, campaign and fight for these things. It is then taken on by certain TDs. It is important.

I want to ask the Department about the research. Is it under way? When did it start? Has any finish date been proposed? Is that research going to be published? I was not aware of the research and it would be interesting on many levels.

Ms Carol Baxter

It was published on 25 January and we can send a copy to the committee. I think committee members will find its broader assessment quite interesting. It included interviews with people who have experienced pregnancy loss and a survey, and it looked at international comparisons. It is quite comprehensive research.

I was present at the birth of all five of my children. With Liadain, which was my little girl's name, what really marked it apart from the others was that it was a moment of complete silence. Childbirth is a noisy affair. A man in a delivery suite is a definition of the most useless thing on earth as you are there among midwives and all these amazing women, and it is usually women who do all this work. In Liadain's case, there was complete silence. Her mum carried her to full term, but I had a relationship with her too. I would often feel her kicking and would be thinking about her, and I still do. The reality is that within 24 hours, the mortgage has to be paid, the other kids have to be picked up and dropped off. You have to carry on and pay the bills. Anything that supports parents, families and anybody in such a situation is a positive step.

I hear more of these conversations, where, for example, people have been diagnosed with cancer. There is a growing awareness that such people also have to continue to pay their bills and mortgages, and put on their best faces, bring their young kids to school and drop them off, or care for elderly parents when they are ill themselves, and the fear and trauma of all of that. I commend the Deputy and the Department for the work they are doing to make us a kinder and more supportive society.

The departmental officials may not be able to answer this. Would it be hoped to combine the research? That is a question for both Deputy Cronin and the officials. Would there be merit in combining some of that research with this Bill or are they two totally separate pieces? It is fair enough if they are.

The Bill does not really relate to pregnancy loss. I was thinking of children who were born up to the age of 18. I know there is legislation to cover maternity leave in the event of pregnancy loss. Senator Clonan's baby was different. His baby died during birth, which is horrendous. If there was any help I could give, I would be very interested in that. My understanding is that someone is paid while on this leave. None of a person's employment rights will be affected by the leave.

In Ireland we are very respectful of death, in fairness to employers. I know this kind of leave is provided for workers in the public service and Civil Service. Many big companies also give two weeks' parental bereavement leave to their employees. I want to be able to accommodate women who might work on the till in Tesco or the person at the end of a phone in customer services who is dealing with somebody who does not know about their circumstances. Three days is not enough for that parent. Therefore, they would be paid for two weeks. A company in Ireland, especially a small company, will often close down for a day or two out of respect when somebody has suffered a bereavement. I do not see it being an issue. There is a provision in section 1 of the National Minimum Wage Act covering an employer who is financially stressed by that, but I do not expect that to be a big issue.

Thankfully, it is rare for our children to die. It is not a common bereavement for parents to go through, thank God, because there could not be anything worse. The parent who is bereaved should not have to worry about paying the mortgage and other bills. They should be entitled to paid leave and it should not be a favour or anything like that.

It needs to be straightforward for them.

It should be a straightforward legal entitlement.

We will move into session 2 in a few minutes but I believe Deputy Murnane O'Connor has a question.

It is hard to talk about this issue. It is not normal for a parent to lose a child. You never imagine yourself going before your child, which must be absolutely horrific. A parent has enough to deal with having lost a loved one without having to worry about days off work, bills and whatever. When I read that similar leave is already granted to workers in the Civil Service and public service, it is clear it is time to extend the right to employees in the private sector. It does not matter where someone works, including on a till or as a receptionist. Everyone grieves the same. These are issues we need to address.

We need to be there for the families going through this. This is a good way of showing it. I was listening to the earlier discussion. I was in the House asking questions on promised legislation and I just came in and got the last few pieces. I am in agreement; I think people go through enough. It is horrific because their whole life changes. That cannot change again because they are simply going from day to day. This definitely needs to be looked at and the Deputy has my support.

We will suspend to allow the witnesses to leave the room before we begin session 2 of the meeting.

Sitting suspended at 3.35 p.m. and resumed at 4.16 p.m.

Once again, the purpose of this afternoon’s session of the meeting is to continue our pre-Committee Stage scrutiny of the Parental Bereavement Leave (Amendment) Bill 2021. The principle aim of this Private Members’ Bill is to make provision for an entitlement to bereavement leave to an employee who has been bereaved of a child. This leave entitlement should be for a period of not less than ten working days for a child under the age of 18 and should also include a stillborn child born after 24 weeks of pregnancy.

Joining us in the second session of the meeting is Ms Nina Doyle, regional co-ordinator and parent representative with Féileacáin. Féileacáin is a charity that represents bereaved parents who have suffered the loss of a baby through stillbirth or neonatal death. We also have Ms Caroline Smith and Mr. Martin Smith, who are campaigners for a certificate of life for babies born before 24 weeks of pregnancy. They are all very welcome. We really appreciate them being with us. Deputy Cronin, who is the sponsor of the Bill, is staying on for this session as well.

I again need to run through the parliamentary privilege part. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. Witnesses and members are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable or otherwise engage in speech that might be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction. I also wish to inform witnesses that the opening statements will be followed by questions and answers with our members.

I invite Ms Doyle to deliver her opening statement.

Ms Nina Doyle

Féileacáin was formed in 2009 and subsequently registered as a charity in 2010. We are a not-for-profit organisation offering support to anyone affected by the death of a baby around the time of birth. The death of a baby around the time of the birth is now widely recognised as one of the most traumatic experiences a family can go through. However, the impact of the death of a baby perinatally is still widely unacknowledged in society and remains one of the most misunderstood and disenfranchised forms of grief.

Féileacáin’s vision is that every bereaved parent and family member throughout Ireland will be provided with the opportunity to make precious memories with their baby at the time of their baby’s death and all appropriate support services will be available to them afterwards. We want the impact of perinatal death on bereaved families to be recognised within our community through the enhancement of public knowledge and education, and that this impact is reflected in legislation.

Our mission is to provide support to anyone affected by the death of a baby. Personal, emotional and practical support is available to bereaved parents and their families at whatever time they wish to avail of it. This includes memory-making, counselling, social work advice, befriending services, play therapy, support meetings and services of remembrance. Féileacáin also provides support to the professionals who care for bereaved parents along with the wider community who may be affected by perinatal loss.

All supports and services provided by Féileacáin are offered free of charge to all families bereaved through perinatal death who wish to avail of the support offered.

Féileacáin receives no funding from central government but operates with the support of our community and especially the families who have availed of our services and wish to contribute to the support of other bereaved parents. We believe our high level of direct person-to-person contact with bereaved parents puts us in a position where we can speak truthfully and accurately on behalf of bereaved parents nationwide. One of our core aims is to advocate for bereaved families and strive for improvements in legislation and bereavement care.

Féileacáin broadly welcomes the Parental Bereavement Leave (Amendment) Bill. There are, however, several important changes for which Féileacáin advocates if the Bill is to meet the needs of parents of precious stillborn babies. Section 12A (5) of the principal Act currently states that a child "includes a stillborn child born after the 24th week of pregnancy, and the date of death of said child is the date of the birth of the child". At present in Ireland a stillbirth is defined as the death of a baby who has reached a gestational age of at least 24 weeks or weighs at least 500 g. The inclusion of the baby’s weight is an imperative amendment to the above section in the Bill. I also note that this criteria for stillbirth is being reduced as part of the Civil Registration (Electronic Registration) Bill 2024, which is currently progressing through the legislative process. The date of death of a stillborn baby often differs from their date of birth. Sadly, a parent can be given the heartbreaking news that their baby has died in utero and they will need to give birth a few days later. Féileacáin requests that the above section be amended to state that a baby’s date of death and birth could be different.

Section 12A (3) states: "Parental bereavement leave shall be taken before the end of a period of 42 days of a child’s death, day one of said 42 days being the day of the child’s death." Any parent who has suffered the heartbreaking loss of a stillborn baby or a neonatal death, where the baby was born alive at any stage of pregnancy but died before 28 days, is entitled to full parental rights and benefits. As it is not possible to take two types of leave at the same time this would exclude mothers who would automatically be on maternity leave from being able to take bereavement leave if the period of bereavement leave is only for 42 days after their baby’s death. The Bill as it currently stands would be another indication of common societal attitudes that our precious babies do not matter as much as older children who sadly die. Including the wording of "stillborn" babies in this Bill could be interpreted as purely tokenistic as it now stands. We have supported many families throughout the years whose grief was compounded due to these types of comments and attitudes, even if the hurt is unintentional. Our babies can only be given the acknowledgement and validation that they absolutely deserve if our legislation reflects this and therefore the timeframe in this important Bill needs to be extended.

In the UK the parental bereavement leave and pay regulation - a statutory instrument - which is known as "Jack’s Law", enables parents to take their bereavement leave up to 56 weeks following the death of a child or stillborn baby. This is to enable parents to be able to take their bereavement leave after any statutory leave they are entitled to. Féileacáin strongly advises that this Bill follows the UK legislation and enables bereaved parents to take their leave within 56 weeks of their baby's death. The UK bereavement leave can be taken in one- or two-week blocks. There are many milestones in that first year of loss and grief. Parents facing the anniversary of their baby’s death or their precious baby’s first birthday are often unable to work through these big milestones. It is not uncommon for bereaved parents to need sick leave at this time, which can bring added stress and worry. Giving bereaved parents the time and space by taking planned parental bereavement leave for these dates would bring some sense of comfort and control at a very difficult time.

Féileacáin welcomes that parents who suffer the loss of more than one child would be entitled to parental bereavement leave in respect of each child. Féileacáin welcomes parental bereavement leave for parents. We ask that section 12A (5) is changed to include the birth weight of the baby and for any future legislative changes to be reflected in this Bill. Féileacáin asks for section 12A (3) to state that a baby’s birth date and date and death can be different. We strongly recommend the timeframe during which parents can take bereavement leave be extended.

I thank Ms Doyle.

Ms Caroline Smith

Martin and I thank the Cathaoirleach and committee members for the opportunity to participate in this discussion on such an important matter. Martin and I are parents to four children: three girls who live at home with us and one little boy who lives in our hearts and memories. Stephen was born in October 2015. He had passed away in utero the day before he was born. We know the impact that bereavement has on a family and the grief that walks beside that loss.

I am sure you are all aware of what bereavement is but please, if I may, let me just remind us all of what it means to be bereaved. Bereavement is the experience of losing someone important to us. Grief is the natural response to that loss and it involves emotional suffering when someone you love is taken away. Often, the pain of loss can feel overwhelming. People often experience all kinds of difficult and unexpected emotions, from shock or anger to disbelief, guilt, and profound sadness. There is no timeframe for when these emotions will appear. Often, they can be triggered by a sight or smell that ignites a memory.

The general belief in the laws of nature is that a parent will die before their child or children. Unfortunately, this is not always the way. To lose a child at any stage of their life is difficult and devastating. To lose a young child means losing hopes and dreams that were created, often from the moment that the pregnancy was confirmed. When a person is bereaved, they are not ill, they are grieving. They say time is a healer and things get easier as time goes by. Often this is true but with the additional pressure of returning to work employees are often forced to take sick leave to cope with their bereavement. This has been seen and heard by us through conversations with bereaved mums whose babies were stillborn. Even though they were entitled to statutory maternity leave, the return to work was overwhelming and the impact of the loss so great that they were signed off on sick leave. My husband was given two weeks leave after our son passed away in utero. This leave was at his employer’s own discretion as our baby was not classed as a stillborn. After the two weeks they contacted him again to see if he needed more time. Not all employers are as compassionate as this. Fathers are not entitled to bereavement leave when their baby dies. We have been told of fathers who have returned to work and who were called into meetings with their employers because their productivity was suffering and because they were not the person who was initially employed. Of course they are not the same person. A bereavement changes us all. In a time when the heart is breaking and emotions are raw compassion can be the kindest gesture but it should not be compassion that sees Bills like the Parental Bereavement Leave (Amendment) Bill come into action. It should be seen as a basic human right and a safeguard to protect employees should such devastation occur.

In conclusion, we welcome the Parental Bereavement Leave (Amendment) Bill 2021 but we would ask that changes are made to section 12A (3). We ask members to take into consideration that the date of an anniversary or a birthday of the baby or child be accounted for in the bereavement leave even though this may not fall within the ten days. Anniversaries and birthdays are often difficult for families and this can be a day where a visit to the graveyard or marking the day in a special way is important to parents. This should be reflected in the Bill.

Changes should also be made to section 12A (5) to reflect the fact that the date of death and the date of birth may differ for a baby who is stillborn and should also include the weight of the child. Currently the Civil Registration Act 2004 sets out the criteria for a stillbirth as 24 weeks or "500 grammes ... and shows no sign of life" at time of birth. I ask the members to note that the current criteria are also set to change to 23 weeks or 400 g and showing no signs of life at the time of birth.

I thank Ms Smith. On behalf of the committee I pass on our condolences to you both on the death of baby Stephen. I cannot imagine how difficult it is to be asked to come in and share your story in a public forum. We acknowledge that. It is very helpful for us in our work when we are looking at Bills to hear directly from people who have actually gone through the really difficult experiences. I know it was very difficult. We genuinely appreciate you both being here and telling your story. Again, I offer our sincere condolences to you and to your three girls.

I thank Martin and Caroline very much for coming here today. I thank them for sharing their story of their beautiful boy Stephen. I thank Nina for her contribution and a couple of things that were said really struck me.

In the earlier session, I spoke about our loss. We had five children, one of whom had a cord accident at birth and passed away. As I said this morning, she would have been 21 now. The more we talk about this topic, the more it brings me back. My mum passed away on 13 March 2003. She was only 67 and had cancer. We lost our little girl two weeks later. At the same time, we got a diagnosis of a rare neuromuscular disease for her brother Eoghan. He is now 22. He is a wheelchair user and partially sighted. As I said this morning, life does not stop when you have this kind of trauma. Everything else is going on as well and you have to try to cope with it. I would definitely say because of the way trauma expresses itself that you certainly need time. It might, though, not be within the week, the month or even the year of the loss itself. The literature on trauma is so comprehensive and I think it definitely relates to the experiences we have had.

In 1996, when I was a young officer in Lebanon, we had a very violent deployment. The Israelis came in, as they are doing today, and slaughtered the local population. I was in charge of what was called the battalion mobile reserve. We used to go out to provide security in these big armoured personnel carriers in breaks during the shelling. The engineers would come out and we would provide the security. They would have these big diesel generators and they would cut up the houses that had been hit by missiles or helicopter gunships, dig down into the rubble and pull out the bodies of entire families. These would include elderly people, middle-aged people, children and infants and the whole lot.

As young people witnessing that, we did not have time to process it. The support we were offered in the Army at the time was that at a certain point after a couple of weeks of this experience it was suggested that we go down to battalion headquarters. The Army chaplain was there and he said he would go through a decade of the rosary with us. Then you go home. Something Caroline said struck me. We did not come home the same people that we were when we left, although we might not have had as much of an insight as we ought to have had into that aspect. When we then lost our little girl Liadain seven years later, it was like a lightning-rod moment when we were in the Little Angels plot in Glasnevin Cemetery burying her. In a completely unexpected way that reconnected me to the experiences I had had seven years before in the Middle East.

The literature is really clear on this point. Trauma does not always give expression immediately. Often, there is a time delay. What can trigger trauma or a kind of a stress reaction in a person are other life events. In my case, all those years later, I lost my mum and my daughter and my son was diagnosed with a neuromuscular disease and I found myself at a point where I experienced the symptoms of PTSD, without having any insight into what was happening to me and not having the language or the vocabulary to describe it. It impacts people in that they become emotionally closed down and unavailable to their partner and other people. You are not there for your other children, the siblings.

I really think that having a 56-week limit for taking this type of leave is not correct. It should be up to each person who has experienced a loss to decide when and where they take that time, if they can get it. So much of what was said speaks directly to me. I agree with all the suggestions made. It was mentioned that you might notice a scent, see something unexpected in the environment, spot someone on the street, pass by a building, find yourself on a route in the car that you used to take when you were going for check-ups or scans or meet somebody who might have been on the team that dealt with you. You remember all these things. It might even be something in the cinema.

For me, one of the things where a memory jumped out unexpectedly was when I was at a graduation in DIT. I was lecturing there at the time. The president of the college called the graduating class of that year, 2007 or whenever it was, to come up and take their degrees. They were mostly young women. They all stood up. They were all there with their families and their parents and had their make-up on and their graduation gowns. You could actually smell the perfume coming up the aisle. The graduation was in St. Patrick's Cathedral. As they were all coming up the centre of the cathedral, it just hit me that my daughter would never do that and I realised what we had lost. There are these constant reminders, as was said, of birthdays, anniversaries, times of the year and life events and these will always be with us.

Anything we can do in legislation to support each other would be good. This experience impacts so many people. I am sure plenty of our colleagues listening to this debate remotely and so many people in the building have had this experience as well, but they would not have been permitted to take this type of leave. I was again struck by the language used and the reference to "misunderstood and disenfranchised forms of grief". We are not expected to talk about it. We are not given permission to talk about it. There is a kind of a hierarchy of loss around the age of a child in this regard. However, the witnesses and I know how real the loss is.

Féileacáin is doing great work. We had our experience in 2003 and, as I was explaining to the Cathaoirleach during the break, the midwives were brilliant and gave us great support. All the things mentioned about Féileacáin demonstrate that it is a powerful intervention, either before, during or after, for example, if people find out that a baby has died in utero. I commend all the members of Féileacáin and the people who support it on the work that is being done. It is such a powerful intervention at such a moment. I will never forget how the midwives interacted with us at the time of our loss and the little things they did. I am sure the witnesses will have heard about this. They had a little Polaroid camera to take pictures of Liadain, which we would never have thought of. They had a little dress for her as well. Of course, reflecting back on that now, you realise they had all those things because this happens often. This is common, so the more we talk about it, the better it will help people and help them to continue their lives.

I suspect that at some stage we will be reunited. I am not a religious person or anything like that, but I hope we are reunited with Stephen and Liadain. I also hope they are somewhere now having a good laugh at us sitting in here talking about things we do not really understand. I do not really have a question, as such. I just wish to support the amendments suggested. I thank the witnesses for coming here and I express solidarity with them.

I thank Senator Clonan. Would any of the witnesses like to comment on any of those points? Perhaps on the timeframes or some other aspect.

Mr. Martin Smith

I want to talk through my experiences. What I remember from the day we lost Stephen is that it is the most proud I have been of Caroline, and of Stephen, when we found out he was a boy. We have three girls, and I have nothing against girls. I immediately went into dad mode. I had to protect everybody. I had the time off from work to be able to do that for everybody else.

It did not hit me until two years later. I have often said since then that, if someone had slipped me a card that read, "When it hits you, call this person", it would have helped me a lot. Féileacáin was fantastic for us. It gave us a memory box with a camera, teddies for our kids and footprint-taking materials. Caroline said she did not want anything, but I told her to take it because Féileacáin knew what it was doing. We all say we should have taken more pictures. Take the pictures when you can because you may never get a second chance.

Work was fine with me. I was in dad mode. I just went back and did what dads need to do. It became clearer to me as time went on. When we started helping Féileacáin out, we dropped someone else’s footprints up to Drogheda hospital. I cannot remember who the parents were, but I pulled the dad aside and said, “Everyone is going to ask you about your wife, which is fine, but take some time for yourself.” It is not that no one else would, but that is just the way society is. People always ask how the mother is. I had that interaction with him. A few years later, he turned up on the Féileacáin Fathers football team, which we set up in recent years. He looked at me and said: “I know you. You are the one who was with me in the hospital.” I never even recognised him. My few words helped him so much. Someone recognised his grief. He said he had done the same as me – he went back to his work as a barber and everyone kept coming in and asking how the mother was. He snapped at one of them. He was given some forewarning of it. It is just that grief affects everyone differently. People try to go back to normal. There is no normal after that, but they try to do their best.

One change I would recommend to the Bill would be to not have a time limit. We lost Stephen. He was not classified as a stillbirth. He was not classified as anything. We still have no certification for Stephen. He is not recognised by the State, so we would not have got any of this anyway. Why are limits being put on this? If you have a pregnancy that is verified by a medical practitioner, that is a pregnancy in your head. You have gone to college with your child. If you lose that child, you are going to feel the same grief. The bit I do not understand about any of this is why limits are being put on grief. If the limit is moved from 24 weeks to 23 weeks, what happens if it is 22 weeks, six days and 23 hours? He or she is no less of a child.

Grief affects everyone differently. There should be some provision – that is great – but there should not be time limits on it.

Thanks very much. Those were important points, not just about the timeframe, but about the effect on the whole family. It affects siblings, grandparents, aunts, uncles and everyone. People are affected differently. Similar to what Senator Clonan said, people do not know when it will hit them. They might think they are doing fine. Then, all of a sudden, they are not. People listening in who are going through this now know that Féileacáin is available. I am very aware of the work it does.

I support what Senator Clonan and the Cathaoirleach have said to the witnesses. This is probably one of the most emotional sessions we have had.

It is a sad one. The death of a baby around the time of birth is something you never expect. It is the most traumatic experience a family will go through. It is important that there be support and help for everyone. The work being done by Féileacáin is excellent. We need to work with it on this. At the end of the day, a life is a life.

Caroline and Martin talked about Stephen, which was lovely. They keep bringing him into the conversation. He will always be part of their family. He will always be there. He will always be their son. It is important that we as a Government recognise that, too.

I listened to the stories. It is difficult. As Senator Clonan said, you could be fine for weeks and weeks and then, all of a sudden, something could come up or affect you. It affects all of the family.

I am just here to give my support and say, “Well done”. This is such an emotional issue. Speaking about it is not easy because there are so many memories and so much heartache for the family. Great work is being done by Féileacáin. I came down to the committee room because I felt it was so important to give our guests the support they need. Coming in here today was not easy for them. Grief is always hard. My mother passed away a few months ago. She is actually buried quite near to where a baby is buried. I see that baby’s family going there all the time. They grieve. As Martin said, people grieve in different ways. They might go and sit at the grave for ages, they might not be able to go. We have to support everyone who is grieving and who needs support. We need to consider this Bill and see what we can do to support families.

Well done on being here today. It is not easy.

Nina, do you wish to contribute?

Ms Nina Doyle

Féileacáin’s members are bereaved parents. I am here today as a bereaved parent as well – a proud parent to Liam and Grace. One of the things that strikes me is that mothers become entitled to maternity leave when their children are born at 24 weeks or weigh 500 g. In Féileacáin, it is not uncommon for parents who do not need the full maternity leave to get in touch. They might just want to get back to work. They are left with empty arms. They are left with that empty feeling of wondering what to do. There is nowhere to go. I spoke to someone yesterday. She talked about how there was no toddler group to go to. Sometimes, parents need to go back to work, and they do that. That is what works for them at that time. Maybe a couple of months later, the grief hits hard. That is when they need some time off. I remember going to a doctor’s surgery soon after giving birth. In a doctor’s surgery, you might be met with newborn babies and the emotion of that. When your baby dies, all of the things that people do so easily beforehand become hard. Every single thing is different. The world is no longer the same. Even going for a doctor’s appointment can be extremely traumatic, so having something like bereavement leave and being able to take it at the time you need it most, be that six months or nine months later, gives you freedom and breathing space. Just to take some time off is so important.

The current timeframe is disappointing and should be extended. Stillbirth is mentioned in the Bill, which is commendable, but it is a little tokenistic because a mother would not be able to take the leave. Thankfully, a father would be able to take a little longer than the two weeks’ parental leave, but mothers would not be able to. I remember when my twin babies died. It was really important to me that my family were able to take the funeral leave to which they were entitled. The grandparents were entitled to bereavement leave. This meant that my babies were being recognised in the way they should. That was important. The grandparents told me not to worry and that they wanted to be at the funeral and they would have taken leave no matter what, but no. They needed to be recognised legally and they needed to get what they were entitled to. Extending the timeframe and giving parents that freedom would be important.

Thanks so much for sharing that. I wish to offer you our condolences on the loss of Liam and Grace. As I said in the earlier session, I had nieces who passed away at 23 weeks. My sister was living in America. The last thing on any of our minds was work. Even for us, who were not the direct parents, there was no issue. This goes back to what Caroline said in her statement, in that it should not be based on people doing the right thing or showing kindness. While that is important in life, people should be entitled to this leave.

It is such a devastating time for people. My nieces were actually born at 23 weeks, as well. Does Deputy Cronin wish to speak?

I thank Caroline and Martin. I read about their baby, Stephen. When I saw they were coming in, I have a friend in Trim who knew of their story. I am sitting beside Nina who told me about her baby twins, Liam and Grace. She said she was happy parents were entitled to that leave and that is why I wanted to bring this legislation forward. When writing legislation, you have to pick a number and it has to be direct and all that, but I wanted it to be leave people were entitled to and that they were not at the favour of their employers. Of course, most employers will give at least two weeks' leave to parents who have been bereaved, if not more, but there is an entitlement. I referred earlier to a person at the checkout in SuperValu or Tesco or the person who is maybe answering a customer service call.

Everyone has suffered bereavement. Everyone has a grandparent or parent who is dead, but the bereavement you feel when you lose a child is, I imagine, completely different. Thank God I have not experienced it, and I am happy to say that. I thinking of the daft thing you do when you have a baby of listening to them on the machine to check they are still breathing, as if you are going catch them the very second they stop or something, or the checking on them when they go to bed. The fear of losing a child is the worst fear of them all.

I thank the witnesses for coming and I have listened to what they have said. It is my first time having a Bill at scrutiny. It is really worthwhile to listen to people who have experienced it from all sides and to hear about Senator Clonan's own bereavement that he suffered. I know the Tánaiste suffered the bereavement of a child as well. We certainly take it on board and I am happy to work with the committee to ensure we get this as right as possible.

While I was looking into the witnesses' story, I noticed that the Minister, Deputy Humphreys, has published the Civil Registration (Electronic Registration) Bill 2024, which addresses the 24 weeks issue by reducing it to 23. It also reduces the weight of the baby from 500 g to 400 g and to 200 g in the case of twins. Therefore, baby Stephen would have been recognised.

Mr. Martin Smith

He will be recognised.

He will be recognised when this Bill is passed.

Ms Caroline Smith

It will be retrospective.

Yes. As you said, the recognition of a birth certificate is something some parents want and others might not. It is very personal and no parent is right or wrong. I thank the committee as well for organising this.

It reaffirms for all of us the importance, and I have a personal view on this, of consulting people and groups when we are looking at any policy. We did question whether scrutiny was needed because it seemed to be straightforward. How could you not agree with this? However, when scrutiny is actually undertaken and when this committee gets to hear directly from people, it opens your mind again. It is always really important and beneficial for us as a committee. We are happy to look at those suggestions and work with Deputy Cronin. I sincerely thank the witnesses for coming in and sharing their stories.

Coming here and speaking in the way we have is painful. Sometimes, after a conversation like this, you can find yourself back in a place or be stuck in a moment that you cannot get out of for a day or two or an hour or two, but the work the witnesses do at Féileacáin is such a huge public service. A lot of people are just afraid to talk about it and they do not know what to say. In some respects, when we speak to this, we are helping hundreds and thousands of other people. This will result in conversations that otherwise might not have taken place or would have taken place much later. I understand how hard it is to come in and literally bare your soul but it is for a greater good.

I hope this does not sound selfish but, for me, I was not expecting some of the things the witnesses said. To hear some of the things that are so familiar to me is very therapeutic. I know it is hard for the witnesses to say those things but it does me good to hear it and I am sure what we are discussing here, all the work the witnesses do and the legislation that Deputy Cronin is bringing forward will help a lot of people. It is a privilege to be in here in the pursuit of doing good. I thank the witnesses again.

Ms Caroline Smith

On behalf of myself and Martin, we thank the committee for this opportunity. I am so sorry for the loss of the Senator's daughter and mother and I am sorry for the loss of the Deputy's mother.

As I have always said, I would stand on a rooftop and shout Stephen's name purely because, and this goes back to the raw facts, when I was in labour, we were told Stephen would not get recognised and would not get a stillbirth certificate because he did not meet the criteria. It was always a conflict with me. How could I be giving birth to a baby when I was not going to get any official recognition for him? That is why we started our campaign, that is, to get a basic recognition for our baby because he cannot be seen in our family tree, but yet Stephen's two older sisters held him. They were both seven and six at the time. Now, we have Olivia who is seven and is always talking about her brother. He is our eternal butterfly. We see butterflies and everyone is saying, "Hi, Stephen, how are you?" For us, it is the importance of him being recognised in our family. We know he will always be recognised. It does not hurt us if you talk about our babies; it hurts us when you leave them out.

Ms Caroline Smith

That is something that anyone will tell you. We might cry if you talk about them but they are not tears of sadness, they are tears of joy because you have remembered them and recognised them as part of our family. We get Christmas cards and those Christmas cards go in the bin if they do not have his name on them. There you go. I am putting that out there. When I sign a birthday or Christmas card, I always draw a little butterfly on it because he is, as I said, our eternal butterfly.

This Bill is hugely important for parents to have that time to grieve and I fully support it. I also support, if possible, the changes we have suggested. I thank the committee very much for giving us the time to come in here and apologies for the emotion.

Not at all. Thank you for being so real, honest and open. It really is very much appreciated. I know my own sister always says that too. Sometimes people will say they were not sure what to say so they did not say anything. That is the worst thing you can do. She went on to have three children but all after Alannah had passed away. They speak about them all the time but she always said that. I really understand where you are coming from in relation to that.

I thank the witnesses, Deputy Cronin, Senator Clonan and all our members here. I need to get agreement to publish the opening statements to the Oireachtas website. Is that agreed? Agreed. We are adjourned until Tuesday, 21 May.

The joint committee adjourned at 4.59 p.m. until 3 p.m. on Tuesday, 21 May 2024.
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