Debate contribution: Deaths, Still-Births and Baby Loss Bill: Consideration Stage

Debate contribution by Ms Diane Forsythe on 4 November 2025.

MLA

Ms Diane Forsythe

Party at the time

Democratic Unionist Party

Date

4 November 2025

Type

Debate contribution

Business

Executive Committee Business

Heading

Deaths, Still-Births and Baby Loss Bill: Consideration Stage

Assembly identifier

Official Report component 5216379

Read the official Assembly record

Text

I am pleased to debate the legislation. It is a piece of legislation that, whilst largely procedural, is made with a spirit of compassion to help people at a time of loss. We all know that death is a part of life, but, when we are faced with it, that does not make it any easier. There are practical things that need to be done at that time. Whilst the legislation is not the usual Finance Committee work, I was proud to work alongside colleagues to bring it through. We consulted on it and heard from members of the public, funeral directors, councils and representatives from baby loss groups. I give special thanks to the Forget-me-not Group for working closely with us so that we fully understood the reach, impact and importance of the legislation and its language for those who face those difficult circumstances. In relation to deaths and stillbirths, which are defined in legislation as babies who have died in pregnancy at 24 weeks or beyond, the temporary provisions introduced by the Coronavirus Act 2020 enabled telephone and electronic communications to support the registrations during the lockdown restrictions. They have proved to be efficient and effective and have significantly reduced the trauma for those who have suffered a loss. I am pleased that the Department has brought them forward as law. A number of clauses in the legislation today relate to recording deaths and stillbirths and the repeal of the temporary provisions in the Coronavirus Act 2020, which we welcome. As an unashamedly pro-life party, the DUP recognises and values the life of every baby from the moment that it was formed in the womb. We believe that every loss of a baby represents the loss of a precious life. The existing law on registration makes the clear difference that babies who, sadly, pass away during pregnancies that reach 24 weeks are considered to be stillbirths and formally registered in that way and that babies who, heartbreakingly, pass away before 24 weeks do not receive that. The difference is heartbreaking. Today, I am pleased that, through the legislation, we are bringing forward baby loss certificates to Northern Ireland to provide a way to formally record and recognise the lives of all babies lost here. We saw it brought forward in England, and it was great to be in the Chamber when, with a united voice, we supported the need for it in Northern Ireland. I thank the Minister for working with the Committee at pace to consult and bring it forward for parents here and especially for those babies who, until now, have left only footprints on the hearts of those who love them. They will now be able to have a certificate that recognises their life. I know, as a mother, the feeling the moment you find out you are pregnant and will have a baby. You know your due date, you know what age they will be for their first Christmas, and you have hopes and dreams for that child. No matter how old the baby grows to be, the baby lived, it existed, it mattered, and it was your child. When that child passes away, your loss is huge. It is so real, and it matters. At the Consideration Stage, I turn to speak to the amendments that have been tabled. We are content to support amendment No 1. It is notable that, in England, the baby loss certificate scheme is not enshrined in regulations. The provisions of the Bill, therefore, provide security for the introduction of the scheme in Northern Ireland. Making the act of bringing forward parent regulations compulsory for the Department will not affect the flexibility in the rest of the clause with respect to the scheme's criteria and implementation. On amendment No 2, whilst we agree with the focus on removing unreasonable barriers to accessing the scheme, it does not seem prudent to make a provision to prohibit any fees in any circumstances, as was highlighted by the Department during the Committee's deliberations. That will particularly be the case if there is demand that exceeds the Department's expectations from those who formally wish to have their loss recognised. Paul Frew and I tabled a compromise in amendment No 3, which would provide for a free certificate plus another free copy and permits the ability to levy a fee for a replacement, second copy or subsequent copies of the certificate. We felt that that wording struck the fair and right balance between ensuring that controls are in place for potential costs that may arise from the scheme and the need to ensure that the system is as accessible as possible for grieving parents and families, and that is our intention. We seek clarity from the Minister on how we move forward on that. On amendment No 4, the DUP is an unashamedly pro-life party. We believe that every loss of a baby represents the loss of a precious life. In keeping with that belief, we feel that it is appropriate that the Bill provides assurances that any future scheme will afford applicants the opportunity to have their baby's identity, including name and sex, formally acknowledged.

We would be grateful if the Member who tabled amendment No 4 would elaborate on how he envisages the statement referenced at (b) in the amendment being catered for. For example, would it be provided as an annex to the main certificate? It is worth noting that the name and sex are standard but optional fields on the English certificate. Equally, we are mindful that some parents cannot or do not wish to know the sex of the baby that they have lost, particularly —.

I thank the Member for her intervention. I completely agree. Something that came through in the Committee's consultation is that we do not want to see a difference made between babies, as every one of them and their loss matter so much. As outlined by Ms Armstrong, many parents do not know the sex of their baby because of the early loss. We must be compassionate and consider how the format of any certificate and optional fields may make those parents feel. The intention of the certificates is to recognise the life of a precious baby who has sadly passed away; it is not to cause further distress. Ultimately, the format of the certificate must be as flexible as is practical to respond to the wishes of the parents whilst recognising that the experiences and emphases of individuals will differ. On amendment No 5, I welcome the clarity in the Chamber today from the Member who tabled it. We stand over the proposed voluntary nature of the scheme. It is consistent with our pro-life position that the loss of an unborn baby up to 24 weeks' gestation in any circumstances is recognised and covered. Where a woman has had a termination because there was a risk to her life or for any other reason, there should be space provided in the envisaged scheme to have that loss recognised, should they come to regret the decision, seek healing or seek closure but only where a parent requests it. The Member has outlined that that is his intention. I am happy to give away if he wants to clarify that.

I thank the Member for clarifying that. We do not support amendment No 6. The Department previously indicated its desire to lay regulations prior to the end of calendar year 2025. It is unclear where the proposed duration of 12 weeks has come from or whether it is likely to improve the timeliness of the scheme's introduction. I would be grateful if the Member who tabled the amendment would clarify whether there is any rationale for that. In the same vein, the effect of the proposed new subsection (5) of clause 11 is unclear. I would appreciate him clarifying how the procedure would differ from that currently in the clause, whereby the secondary legislation would have to be laid before and approved by the Assembly before regulations could be made. My colleagues Paul Frew and Brian Kingston will speak in the debate, but I reiterate that I am pleased to have been able to play a small part in the process of bringing forward the legislation, which will make a real difference to the lives of so many. As I said at the beginning of my remarks, death is a part of life that we all have to navigate, and every life matters.

1,419 words. Text as published by the Northern Ireland Assembly.

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