skip to main content

Bill to recognise pregnancy loss under road traffic legislation launched

Emer Currie, Saoirse Aylward, Barry Ward and Colleen Langan at the Dáil
Emer Currie, Saoirse Aylward, Barry Ward and Colleen Langan at the Dáil

A bill to recognise the loss of a pregnancy under road traffic legislation has been submitted to the Dáil.

Under existing law, careless and dangerous driving resulting in death or serious injury does not include unborn children who lose their lives.

The proposed law has been welcomed by Saoirse Aylward, who was 31 weeks' pregnant with her son when she was involved in a car crash in 2024 for which a man was subsequently jailed.

Ms Aylward had to have an emergency caesarean section but her son Jax was stillborn.

The proposed law will be know as Jax's Law in memory of him.

Speaking this morning at Leinster House, Ms Aylward said getting recognition for her son was nearly as traumatic as the accident itself.

"The guards had recommended a charge for Jax’s death but were told by the DPP there was no law," she said.

"That highlighted to me the gap and straight away from that day, I said I’m going to make sure that I speak up as much as I can and make sure this [is] changed because it's not right and it put so much trauma on us.

"Jax was a four-pound baby, I had to have a post-mortem [examination]. I had to bury him and my 11-year-old daughter visits him at a graveside, but yet the law says that he doesn’t exist," Ms Aylward said.

At the bill launch, Fine Gael's Barry Ward said TDs from different parties, the Government and the Opposition came together to co-sponsor the Bill.

"This will change the law so that if there is death or serious injury, it can be prosecuted on indictment and this will add the loss of pregnancy to that.

"So if a pregnancy is lost as a result of dangerous driving, it increases the jurisdiction of the DPP and the courts to impose penalties in relation to that, and it acknowledges the serious hurt, harm, sadness and loss of a life," Mr Ward said.

Mr Ward confirmed that the Bill uses the existing legal definition of a stillborn child, from the Civil Registration Act 2024, and so it would apply to pregnancies of at least 23 weeks, or where an unborn child weighs at least 400g.

Mr Ward also said that this Bill was not about the "status of the unborn" and that the "Bill is explicit on that".

He said he hopes the Bill will get to the floor of the Dáil soon and that he is looking forward to the support of the Government for it.

Deputy Ward was accompanied by party colleague Deputy Emer Currie at the bill launch.

Also present for the launch was Colleen Langan whose aunt Róisín and unborn cousin Catherine were killed in a road traffic collision in 2010.