Ministerial and other Maternity Allowances Bill
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 11th February 2021
(3 years, 9 months ago)
Commons ChamberMinisterial and other Maternity Allowances Act 2021 Read Hansard Text Amendment Paper: Committee of the Whole House Amendments as at 11 February 2021 - (11 Feb 2021)
This text is a record of ministerial contributions to a debate held as part of the Ministerial and other Maternity Allowances Act 2021 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Paymaster General (Penny Mordaunt)
I beg to move, That the Bill be now read a Second time.
The Prime Minister believes that it is quite wrong for Ministers to have to resign in order to leave work after giving birth to care for a newborn child. The Bill before the House today will make an important and long-overdue change to the existing law. It will enable all Ministers for the first time to take paid maternity leave from their job for an extended period. Thanks to changes made in the ministerial code by the Prime Minister in 2019, there are now codified arrangements by which Parliamentary Under-Secretaries and Ministers of State can take maternity leave. Their roles will be covered by a redistribution of their responsibilities among remaining Ministers. Secretaries of State or other holders of individual offices such as Law Officers or the Lord Chancellor, owing to their constitutional role and the sheer volume and complexity of their workloads, have not been able to make use of this provision.
There has been a similar failing in the situation for Opposition office holders, where the statutory limit on the number of salaries that can be paid means that there is not the flexibility for them to take leave and for their cover to be paid. The Bill provides that it is possible for Members in those posts to take extended leave. It would apply to post holders of the Leader of the Opposition, the Chief Whips in both Houses, and up to two assistant Whips in the Commons.
I am very grateful to Her Majesty’s Opposition for their constructive engagement in the preparation of the Bill and welcome their support for this landmark measure.
Penny Mordaunt
If I may, I will make a little progress.
I particularly thank the hon. Member for Leeds West (Rachel Reeves) for her engagement and her commitment to the work that we wish to undertake following the Bill to address the other issues that need dragging into the 21st century.
Jim Shannon
I thank the Secretary of State for what she is saying. This has been a particularly difficult time for new parents, new mothers and new babies. During this lockdown period, I have been blessed with two grandchildren, so I have an idea of what it means. It has been a difficult time. The term is a “lockdown baby”. Will the Minister confirm whether there is an extended time for maternity pay? Are there incentives for companies to extend maternity pay? We really need quality maternity leave because of the circumstances of the past year.
Penny Mordaunt
I thank the hon. Gentleman for his intervention, but it is slightly beyond the scope of this particular Bill. In fact, the beneficiaries of this Bill are indeed very narrow and I shall comment on that further in a moment. I know that my colleagues in the Department for Business, Energy and Industrial Strategy and elsewhere in Government are clearly looking at a whole raft of long-overdue issues. I am sorry that the pandemic has delayed responses to consultation for very understandable reasons, but his points are well made. I am sure that, throughout the course of this debate and Committee stage, hon. Members will want to touch on the situation facing people other than the handful of individuals that we are concerned with this afternoon. On moving this Bill today, I do so with humility in recognition of that.
Sir Edward Leigh
I warmly support the Bill, but can Her Majesty’s Government confirm that only a biological woman can have a baby? Will the Minister therefore explain to me why the Bill refers to “a person” and not to “a woman”? If we are going to adopt extreme gender ideology, why are the Government doing it by stealth and why can we not have a transparent debate on the matter? This insults the dignity of many women.
Penny Mordaunt
I hope to be able to go into detail about this later in the debate. I know that many Members will want to speak to this issue, and I will want to hear what they say, but I want to reassure hon. Members across the House that there is absolutely no intention of doing that. This is not a policy decision around language, and the Government will still use the word “women” in all documents, as is our policy. The issue is a particular drafting issue, and I can come on to the detail later, in Committee. I hope to be able to give all Members some comfort today about the language that we will be using. I hope that my right hon. Friend will allow me to leave it there for the moment, but his point is well made and very well understood by myself and the rest of Government. I hope that, by the end of today, people will be reassured on that front.
Although they are outside the immediate scope of this Bill, I know that there are considerable and long-standing concerns about the provision of support for hon. Members in this place who wish to take maternity leave. This has been highlighted by many colleagues across the House. There have been some improvements in this area in recent years, and I commend Mr Speaker and his colleagues and the House authorities for their continuing support for reform in this area, but clearly more is needed, and I hope that the cross-party work that follows this Bill may afford us some opportunities to address those outstanding matters.
Returning to the Bill, it would be reasonable to ask why the Government do not in such circumstances simply take on another Minister as maternity cover. The situation is that there are no fewer than three Acts of Parliament governing the issue of ministerial numbers and pay and, more pertinently, the relevant restrictions on them. Until now, the limits on the number of salaries that can be paid overall, and for individual officers, have left the Government with limited flexibility to appoint cover should a Minister want to go on maternity leave. In a nutshell, for someone to be appointed to cover, and for that individual to be paid, the temporarily outgoing Minister would have to resign. This Bill puts an end to that wholly unacceptable situation. Instead, it will enable a Minister to take up to six months’ paid maternity leave to care for their newborn child, subject to certain conditions and at the discretion of the Prime Minister, while remaining a member of the Government.
This provision will be similar to that available to members of the armed forces and the civil service and, significantly, it responds directly to a recommendation made in 2014 by the all-party parliamentary group on women in Parliament. The Bill does not try to confer equal terms or provide absolute parity with maternity leave provisions for all employees and workers. Both adoption leave and shared parental leave are important provisions, but they are not included in this piece of legislation. They are complex issues that require further consideration in the wider constitutional context, but they are not impossible, and I will return to those issues shortly.
On paternity leave, the current statutory entitlement for all new fathers is two weeks. I am pleased to say that this absence can be accommodated within existing practices, should a Minister wish to take paternity leave. The Government recognise that new fathers may want even more flexibility to support their partner following the birth of a child, and I am glad to confirm that we will consider this as part of our further work. The House will also be aware that the Government recently consulted on parental leave and pay for employees, and we are due to respond to that consultation in the near future. This work will provide us with a valuable perspective on how the existing provisions function, and any future proposals for Ministers will be developed with these conclusions in mind.
Some Members hoped for this Bill to address other issues of parental leave. I mentioned earlier the significant improvements that have been made to make this House more family-friendly, and the provisions that are still needed. The Government agree that both Parliament and the Government should seek to lead from the front on working practices, providing as much flexibility as possible to office holders to aid the effective discharge of their duties. I am very conscious that this Bill relates to a subset of ministerial and Opposition office holders—a payroll of just 115 people. It is also solely concerned with maternity leave. I shall not go into the technical detail of why the other matters are not in the Bill, but let me be clear from the outset that we will bring forward proposals to address those outstanding issues. We looked at putting many of those issues in this Bill. That has not been possible, but we do want to address them swiftly and have been discussing with colleagues across the House how we might do so.
I also know that Opposition post holders—in fact, Members from both side of the House—have for a long time expressed concerns about provision for maternity leave under the Independent Parliamentary Standards Authority scheme. IPSA is independent, and for good reason. In this particular respect, I am grateful for the engagement of my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), the Chair of the Women and Equalities Committee. I know that many Members will want to address these other issues, and I will reserve the bulk of my remarks on them until my concluding speech on Second Reading. In the meantime, I draw colleagues’ attention to the Prime Minister’s written ministerial statement committing the Government to present a report to Parliament setting out considerations and proposals on these issues.
The issues with the Bill also touch on the fact that a number of Lords ministerial posts are unpaid. The Prime Minister has undertaken that the Government should look at the use by successive Administrations of unpaid ministerial posts. Clearly the Bill does not relate to anyone outside the ministerial pipeline or anyone outside Parliament. In bringing this Bill to the House, which I hope will gather wide support, I do very much recognise the context. The terms for those in the armed forces and civil service are the terms on which this Bill is pegged. They are far more generous than the public sector average, and many people will be in receipt of far less than that average.
I am sure that some Members will want to focus this afternoon on other issues that people are facing, as I have already set out. I just want to outline some of the detail of the Bill, but I will be very brief in doing so and will go into further detail later. Clauses 1 to 3 deal with the designation of a Minister on leave, setting out the mechanism that allows Ministers to take up to six months’ paid maternity leave. Clauses 4 to 6 set out the arrangements relating to six months’ paid maternity leave for certain office holders in Her Majesty’s official Opposition. Clause 7 contains the usual final provisions.
The second part of the Bill makes provision for certain Opposition office holders—namely, those listed in the Ministerial and other Salaries Act 1975—to take up to six months’ paid maternity leave. In contrast to the arrangements for Ministers, Opposition office holders who are to take maternity leave would stay in post. The Bill authorises a payment to a nominated individual, who, at the discretion of the Leader of the Opposition in the relevant House, is to cover the office holder’s role on similar terms as those for Ministers that I have already outlined.
The difference in approach reflects the fact that Opposition office holders are not appointed by the Prime Minister and do not have statutory functions in the way that a Secretary of State or a Law Officer does. It is therefore more straightforward for an individual to provide the necessary maternity leave cover while the original office holder remains in post. The arrangements may last for up to six months, and the eligibility criteria are the same for those in relation to Ministers. The Bill leaves it to the discretion of the Opposition leader in each House to appoint individuals to these temporary covering roles. Only one person can be appointed to cover an office holder’s post at any point during the period of leave. However, should the Leader of the Opposition wish to change the appointment, they have the discretion to do so.
Clause 5 builds on these provisions and outlines how the allowance payable should be calculated, how payments are administered and when payments should end. As with the provisions for Ministers, the person appointed to cover an office holder’s role should receive a monthly allowance that is equivalent to the office holder’s monthly salary. This financial arrangement should continue for as long as the individual is fulfilling the responsibilities of the role, but for no longer than six months. This allowance, as is the case with Opposition office holders’ salaries, is to be paid from the Consolidated Fund.
The final provisions relating to Opposition office holders are set out in clause 6, which establishes the relationship between the appointed individual covering an Opposition office holder and existing legislation. As is the case with a Minister on leave, where the Opposition office holder is a Member of the House of Lords, she is not eligible to claim the so-called Lords office holder allowance provided under the Ministerial and other Pensions and Salaries Act 1991 while on maternity leave. However, the individual appointed as maternity cover by virtue of these provisions is entitled to claim that allowance for the duration of the appointment. That is because the allowance is to reflect the work undertaken in the House, such as late-night sittings.
The Constitutional Reform and Governance Act 2010 makes provision for both Members’ and Ministers’ pension schemes. Both Ministers and Opposition office holders are entitled to pensions under the Ministers’ pension scheme. Given that there is no material change to their position, there has been no need to make provisions in the Bill to ensure that their salary remains pensionable during their maternity leave. However, the individual appointed to cover the post is entitled to the Ministers’ pension scheme for the duration of their appointment, in relation to the allowance paid to them for the role.
Finally, clause 7 makes the usual provisions necessary for the Bill to operate in law, including defining its territorial extent, setting out its commencement arrangements and providing the Bill’s short title. The Bill comes into force on Royal Assent and will thus be of immediate benefit to those wishing to take maternity leave, should there be anyone who is in those circumstances. As I said, I am very aware of the issues that the Bill has brought to light with regard to language. I know that there are time pressures on the debate, but I will address those issues in more detail in the course of the afternoon.
As my right hon. Friend the Prime Minister set out in his written statement on this topic last week, the Government have undertaken to look at considerations and proposals for Ministers and Opposition office holders in the other areas not covered by the Bill. We are committed to building more widely on the progress that the Bill represents and will present a report to Parliament setting out those considerations. For the reasons I have outlined, I hope that all Members of the House will support the Bill, and I commend it to the House.
Penny Mordaunt
I start by offering my congratulations to the hon. Members for Walthamstow (Stella Creasy) and for Enfield North (Feryal Clark) on their announcements today. I am sure the whole House sends all our good wishes to them. I am also sure that my right hon. and learned Friend the Attorney General would want me, on the record, to thank all Members for their kind remarks about her and her—hopefully—impending maternity leave. I thank hon. Members for their kindness today and their contributions to this Second Reading debate.
The Bill before the House today is specific and limited in its aims. It will make an important and long overdue change to the law, enabling Ministers for the first time to take paid maternity leave from their job for an extended period. We have heard Members from all parts of the House welcome the measure.
Meg Hillier
I have listened to as much of the debate as I could this afternoon. Ministers have had maternity leave. We took it and said that it was something that women should have. We led on that. I was lucky enough to have as Home Secretary Jacqui Smith, who championed proper maternity cover. It is absolutely right that we pass this Bill and put the provision on a proper footing, especially for people such as the Attorney General, but I think it is worth putting it on the record that it is not completely unprecedented.
Penny Mordaunt
I am glad I took that intervention. This afternoon, we have heard from the hon. Lady and the hon. Member for Leeds West (Rachel Reeves)—for whose support for the Bill I am grateful—as well as the right hon. and learned Member for Camberwell and Peckham (Ms Harman) about the trailblazers who have gone before us. We have heard about the battles and trials that colleagues past and present have gone through in order to get maternity leave and to improve the situation for their colleagues in the future. We all appreciated the speech from the hon. Member for Leeds West in which she cited many colleagues who have made a substantial contribution. As well as those Members past and present who have battled to improve arrangements, we should remember that what we are doing today, although it is narrow in immediately affecting only a few individuals, will also benefit those who come after us. That is important.
The hon. Member for Lancaster and Fleetwood (Cat Smith) referred to the wider context. It is of course vital that we get this right for everyone in the country, and I know that the Department for Business, Energy and Industrial Strategy is looking into these issues. It is not only a matter of fairness and justice but a matter of economic empowerment. If we are to get the country back on its feet after the year we have had, we have to support women and enable them to do that.
I also thank Her Majesty’s Opposition and other parties in the House for the cross-party support and commitment that we have for the other work that we know needs to be done. I know that this is a very narrow Bill. The technical consultee is the Leader of the Opposition, but he will clearly wish to delegate to other Front Benchers and, potentially, to Back Benchers as well. I hope that Members on both sides of the House will contribute to the work that will follow. It is vital that we get those other issues addressed and, although I cannot give a timetable on legislation because we do not know what legislation would be required, I think we should be bringing this back to the House before the summer recess in order to address those other issues.
I thank my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) for the powerful report that her Committee has produced and for her support. I hope that her Committee will be able to play a role in the future work that looks at the wider issues, not just for Front Benchers but for all Members, particularly those who sit on the Back Benches.
The hon. Member for East Renfrewshire (Kirsten Oswald) clearly referred to the Prime Minister’s power to enable people to benefit from the new provision that we are introducing today. Unfortunately, the power still has to sit with the Prime Minister. I know that the optics of that are not ideal, but I am afraid that this is hinged on the royal prerogative and that must be the case. Hon. Members mentioned various other amendments that have been tabled, and I will address those in Committee.
My hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory) focused on how maternity leave is a vital time. The Government very much recognise that, which is why we have the piece of work that my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom) is undertaking on early years. The right hon. and learned Member for Camberwell and Peckham, who has been such a stalwart in campaigning on these issues, outlined why, as well as the main issues that the Bill focuses on, it is vital that we get this right for women outside the House too.
I thank my hon. Friend the Member for Thurrock (Jackie Doyle-Price) for the helpful amendment that she has tabled. Again, I will explain in Committee why it has not been possible to use that language in the Bill with regard to Ministers—we have been able to use language to describe Opposition office holders—but I understand how offensive the word “person” or “persons” can be in this context. I hope that we can make some changes, if not to the legislation then to the explanatory notes, that will address some of her issues. I will come on to the detail of that in Committee.
Again, I congratulate the hon. Member for Walthamstow. I am sorry that she framed this measure as a perk. Just to clarify, this is not about rights purely for Cabinet Ministers—well, they are not rights; it is a provision. The article in The Guardian today also misrepresented that. This is a provision not just for Cabinet Ministers but for all Ministers and those Opposition posts. Only Cabinet Ministers are prevented at the moment from taking maternity leave, so that is what the Bill tries to address.
I hope that I can give the hon. Lady some assurances on the work that we want to take forward with regard to the Women and Equalities Committee and IPSA. Although, clearly, there will be other consultees involved, as well as the Government, with regard to IPSA she is absolutely right that we have to address the remaining issues both for Ministers and for all Members of the House. She has certainly set us a timetable today to try to get that resolved, and I hope to give some clarity on that later. I thank all hon. Members for their contributions. It is vital that we get these issues right. I also want to give some assurances on the issues that have been raised about fathers. This is absolutely vital. I was brought up by my father in my teenage years. Fathers are critical. We will bring that forward in our future work. We will look at paternity leave, shared parental leave, adoption leave and a raft of other issues to ensure that all Members of this House, at whatever stage of their career and whatever Bench they sit on—Front Bench or Back Bench—can have the flexibility they need to thrive in their careers, and have and raise a family. I look forward to the future debates on that subject.
Ministerial and other Maternal Allowances Bill
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 11th February 2021
(3 years, 9 months ago)
Commons ChamberMinisterial and other Maternity Allowances Act 2021 Read Hansard Text Amendment Paper: Committee of the Whole House Amendments as at 11 February 2021 - (11 Feb 2021)
This text is a record of ministerial contributions to a debate held as part of the Ministerial and other Maternity Allowances Act 2021 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Cat Smith
The haste with which the Bill has been brought forward is perhaps reflected in some of the amendments that we see on the amendment paper. I would like to address the amendments tabled by the SNP. I think they have been tabled with the best of intentions, but if, instead of giving women the option of taking maternity leave, we make it a requirement, we would remove the element of choice, which is incredibly important for women when it comes to if and when we have children, how many we have, and how we balance work and motherhood. Similarly, the amendments that would increase the requirement from six months to 12 months would make us lose some of that flexibility, which is incredibly important.
The amendments tabled by the hon. Member for Thurrock (Jackie Doyle-Price) and the right hon. Member for South Holland and The Deepings (Sir John Hayes) have been addressed by the Minister already. Indeed, the language is already in the legislation, in the sense that it talks about the offices held, rather than the women who are pregnant. That is why the legislation is written as it is, and in that regard I am very much satisfied.
My hon. Friend the Member for Walthamstow (Stella Creasy) has tabled a couple of amendments. She made a point about the equality impact assessment. Perhaps less haste would have led to better legislation that included fathers, adoption, paternity leave and flexibility around premature babies. That would lead to an improvement in representation in public life.
I will keep my remarks short. In conclusion, the Opposition support the Bill unamended. The Bill is the right thing to do for pregnant women, and it is imperative that it makes progress with haste, for fairly obvious reasons. It is not perfect, but we should not let the perfect be the enemy of the good, and it is, of course, the next baby step in progress towards true equality.
Penny Mordaunt
Before I turn to the nitty-gritty of the amendments, I will address wider points that Members have made. I thank all Members for their contributions and their thoughtful remarks in this important Committee stage.
In particular, I thank the hon. Member for Hackney South and Shoreditch (Meg Hillier) for coming to the Chamber today, and for her interventions. Her experience is incredibly valuable. One of the key points that she reminds us about is the different status that a single person may have for different aspects of the jobs that they do here. The hon. Member for Walthamstow (Stella Creasy) spoke about the peculiar employment status of a Member of Parliament, which is distinct and different from that of a Member of Parliament who is also a Minister. A Minister is also an employee, and there are slight differences there. That is one of several reasons why this is a highly complex issue, but that does not mean it cannot be tackled.
In addition to the issues that have been raised regarding Members of Parliament and the challenges they face, there are still outstanding issues for Ministers in relation to shared parental leave, an examination of paternity leave—although, as I have outlined, there is provision there at the moment—and adoption leave. Sickness and bereavement is a grey area. We also have an additional issue for our colleagues in the other place who may be unpaid Ministers. That needs to be resolved, but it obviously plays back into the issue of maternity leave. These are very complex matters, and I reiterate again my gratitude to Her Majesty’s Opposition for their engagement on this.
Let me turn to IPSA. Clearly, it is an independent body, and in the work that follows today we will have to respect that independence, but the Government are none the less absolutely determined to bring forward proposals collectively.
Stella Creasy
Over the past two years of seeking progress on this matter, and trying to ensure that Members have the options and the support that we are giving to Ministers, one of the things that I have been told is that IPSA has asked Parliament to offer a view. Indeed, this rather anarchic approach to what our employment status is has had an effect. Will the Paymaster General therefore commit to our having parliamentary time for a debate on this? It does not need to be a Government-led debate, but we do need parliamentary time for it, and that is in the gift of Parliament. That way, if IPSA, on a very short timetable, asks the House to take a view, we will get that view, so that we can resolve the matter.
Penny Mordaunt
Although time on the Floor of this House is not in my personal gift, I hope that what I am about to set out will demonstrate to the hon. Lady that we are not just doing this as an exercise. These issues must be resolved. Yes, this is a matter that immediately affects Members in this place, but resolving this is also vital if we are to meet our ambition of ensuring that everyone who wants to sit on these Benches and is elected to do so has the working practices that they need to thrive, live their life and raise a family. That is very well understood.
We respect the independence of IPSA, and while we have to work with it—the Government have committed to supporting it—and the House authorities, all Members of the House will want to contribute to this important analysis. We want to look at custom and procedure. We also want to examine what legislative change may be required, particularly with regard to Ministers, which is the most complex issue. Recommendations by and to IPSA will be made through the usual channels. There has been quite a large amount of discussion about this already, with the help of the Opposition. As I have said, the Government will support IPSA on any of that work, and on any of the issues that we are all seeking to address. Its independence will be respected in line with its statutory footing.
Many colleagues who spoke on Second Reading are concerned about the impact assessment. We have undertaken to carry one out, but I add this caution: if Members want an impact assessment of this piece of legislation, that is very easily done, and will be really great for a very small number of people, but of no use whatsoever in advancing anyone else’s rights or opportunities. We want—we have set this out in a note that we have shared, I think with the office of the hon. Member for Walthamstow, and certainly with the Opposition; I would be happy to share it with other colleagues around the House—to undertake an impact assessment that looks at current legislation on the issues we have discussed this afternoon in relation to Members of Parliament. We will also take into account work already done, or in progress, by the relevant Select Committees, particularly the Procedure Committee and the Women and Equalities Committee. As I have said, I would be very happy to share that note with hon. Members. Perhaps the best place for it is in the Library.
There are a couple of other issues that I want to address before turning to amendments.
Stella Creasy
It is incredibly welcome that the Minister is talking about doing a much wider impact assessment. For clarity—this issue has been raised today—looking at the wording of it, can she confirm that it will look at the impact on not just Members of Parliament, but their staff? We are drawing this distinction between parliamentary staff and people who work in Parliament. We need to look at everyone, so that we can be confident that every single woman and potential partner of a woman in this place will get the support they need.
Penny Mordaunt
The hon. Lady raises a very important point, and I think Members would feel very uncomfortable looking at their terms and conditions but not those of their staff. Again, that is a matter for this House and for IPSA, but the Government’s view is that we need to look at this in the round. If we are to make changes, let’s do it properly and ensure that all Members of this House and the Committees can contribute.
I thank the hon. Lady for what she said about how we can help mitigate the abuse that Members of this House have faced, and I hope will not face in future, when going on maternity leave. It is appalling what hon. Members on both sides of the House have been through, and I commend her for calling out that abuse when it is taking place in her own party; when others call out abuse from within their own parties, that is quite right, too. We need to support colleagues as they take maternity leave.
I turn to the amendments, and I apologise for the dry nature of what follows. It is the necessary part of putting a Bill through Parliament, and those tuning in at home might wish to put the kettle on at this point.
Clause 1 provides the basis on which a Minister can take paid maternity leave by setting out how and under what conditions a person can be appointed to the position of a Minister on leave. The concept of a Minister on leave is a very important one. As the Bill makes clear, the role of a Minister on leave is outside the restrictions in place at any one time, as set out in the Ministerial and other Salaries Act 1975, and outside the upper limit on the number of Members of the House of Commons who can serve as a Government Minister at any one time, as set out in the House of Commons Disqualification Act 1975. It is through this mechanism that the Government can ensure that the twin aims of this part of the Bill are met—namely, that Ministers are able to take paid maternity leave, and can remain part of the Government, without needing to resign from office.
Clause 1 makes it clear that it is within the Prime Minister’s discretion to designate a person a Minister on leave, subject to a number of conditions. Those conditions are set out in detail in subsections (2) and (3), which make it clear that a person can be designated a Minister on leave only if they are pregnant or have recently given birth, if they are already a Minister holding ministerial office, and if they cease to hold that ministerial office at the point of designation as a Minister on leave. Subsection (5) provides clarity about the ministerial offices that fall within the scope of this Act by reference to the Ministerial and other Salaries Act 1975.
Meg Hillier
I agree with the right hon. Lady that the clause uses a dry way of saying something that I think is actually really important, which is that in all of this discussion we need to remember that prime ministerial patronage is limited by that Act for good reason. While that should not be the enemy of improvements for women who are going on maternity leave, I do think that it needs to be considered. If we think of recent Parliaments, in which majorities have been very small, it is quite an increase, percentage-wise, to the payroll if more people are added to it. I am grateful to the drafters of the Bill for having thought this through, and I hope that in any future work she does, that is seriously considered as part of the mix, so that the House at least debates any decision to change that.
Penny Mordaunt
I thank the hon. Lady for putting that much more succinctly than the clauses do, and she is absolutely right. That is part of the reason why this is so complicated. We tried to put this and other issues in the Bill, but that has not been possible.
Penny Mordaunt
It is not part of the scope of this Bill, but the Prime Minister has said in his written ministerial statement that it is one of the issues he wants this future piece of work to look at. I think it is fantastic that we have more women in the House of Lords, and we want those women to be able to hold ministerial office. If they need to take maternity leave, they should be able to do so.
Ministerial and other Maternity Allowances Bill
(Limited Text - Ministerial Extracts only)
Read Full debateMonday 22nd February 2021
(3 years, 9 months ago)
Lords ChamberMinisterial and other Maternity Allowances Act 2021 Read Hansard Text Amendment Paper: HL Bill 172-I Marshalled list for Committee - (22 Feb 2021)
This text is a record of ministerial contributions to a debate held as part of the Ministerial and other Maternity Allowances Act 2021 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, the Bill before the House today will for the first time enable Ministers to take paid maternity leave from their job for an extended period. Women who aspire to, and hold, high office will no longer be disadvantaged against other women in this respect. I am sure that representatives of all three parties that have been in government in the last 20 years will agree that this is long overdue.
It is well known that the occasion of the Bill—and the cross-party agreement to accelerate it, for which the Government are grateful—is the pregnancy of my right honourable friend the Attorney-General. I am sure that the whole House will join me in sending best wishes to her and her family.
This should not be a reproach to anyone, least of all to my right honourable friend. Sometimes it is an individual case, and the perception of injustice arising, that propels social advance, and let it be so here. The Bill sends out a vital message to encourage more women from every walk of life to enter politics, and to seek promotion in government without the fear of having later to choose between career and family.
I repeat how grateful I am to Her Majesty’s Opposition for their constructive engagement in the preparation of the Bill. Jointly, we have affirmed—and do here affirm again—that this will be the beginning, not the end, of a journey of reform. To date, within government structures, insufficient attention has been paid to the needs of pregnant Ministers, and there has been only limited progress to date. Yes, the Ministerial Code was changed in 2019 to confirm the ability of junior Ministers to take maternity leave, but this workaround—which several Members of the other place have used—relies on another Minister taking on additional responsibilities. We need to go further, and I will return to this issue later, as I know it is of importance to the House.
Clearly, this approach is simply unworkable for Secretaries of State or other holders of individual offices, such as the law officers or the Lord Chancellor, owing to their constitutional role and the volume and complexity of their workload, which gives rise to a pressing need for posts to be filled. The current law does not allow the Government to take on and pay another Cabinet Minister, or equivalent, as maternity cover, as happens in workplaces up and down the country. No fewer than three Acts of Parliament govern the issue of ministerial appointments and pay, and the restrictions on them. It is worth underlining the constitutional importance of these Acts, as they manage part of the delicate balance between the legislature and the Executive, ensuring that the payroll vote is kept in proportion to the overall size of the Commons. This is a serious consideration, and a balance that should not be adjusted lightly. However, we propose modest changes to prevent putting some women off holding high office for lack of adequate maternity provision.
Until now, for someone to be appointed to cover a Minister at this level, or one of the opposition officeholders covered by the Bill, and for that individual to be paid, the pregnant Minister would normally have to resign. The Bill ends this anachronistic and wholly unacceptable situation by providing six months’ paid maternity leave for all eligible Ministers and opposition officeholders.
Turning to the content of the Bill, Clause 1 allows the Prime Minister to designate a Minister who wishes to take maternity leave as a “Minister on leave” who remains part of the Government—able to be briefed on matters and to keep in touch with work, but not responsible for exercising the functions of the office from which they are on leave. It makes clear the conditions applicable to designation as a Minister on leave. It also sets out how the designation comes to an end, either automatically, six months after the Minister has been so designated, or earlier, should the Minister cease to hold that office—for example, due to appointment to a new ministerial role, resignation or dismissal.
Clause 2 sets out the methodology for calculating the amount of the allowance for the period of maternity leave, and how it is to be paid. It sets the allowance at six times the monthly salary of the Minister on leave’s previous ministerial office. The effect is that a Minister on leave continues to receive the same monthly amount in maternity allowance as they would have received had they still occupied their previous ministerial role. It will come from the same source, usually the relevant department in line with money provided for by Parliament. Finally, Clause 2 also sets out the arrangements that apply when the designation as a Minister on leave ends before the automatic expiry after six months, providing for a lump sum payment of the remainder of the allowance. That applies in all situations where the designation terminates earlier than the end of the six months, unless the Minister is appointed to another ministerial role, or has died.
In order to prevent double payment of a ministerial salary, Clause 3 provides that a Minister on leave cannot receive the maternity allowance provided for in this Bill at the same time as any salary set out under the Ministerial and other Salaries Act 1975. It also makes clear that, where they are a Member of this House, a Minister on leave cannot receive the so-called Lords officeholder allowance under Section 5(1) of the Ministerial and other Pensions and Salaries Act 1991. In addition, Clause 3 clarifies that, for the duration of the designation, a Minister on leave does not count towards the limit under the House of Commons Disqualification Act 1975 on the number of Ministers who can come from the House of Commons at any one time. However, once the designation ends, the Minister once again counts for those purposes.
Clauses 4 to 6 make provision for certain opposition officeholders, namely those listed in the Ministerial and other Salaries Act 1975, to take up to six months’ paid maternity leave. The arrangements contained are similar to those relating to Ministers in terms of duration, eligibility criteria, amount of allowance and source of the allowance. However, in contrast to Ministers, an opposition officeholder who is to take maternity leave would stay in post. The Bill authorises a payment to a nominated individual who, at the discretion of the Leader of the Opposition in the relevant House, is to cover the officeholder’s role, on similar terms as those for Ministers.
This difference in approach reflects the fact that opposition officeholders are not appointed by the Prime Minister and do not have statutory functions in the same way as a Secretary of State. It is therefore possible for an individual to provide the necessary maternity leave cover while the original officeholder remains in post. Only one person can be appointed to cover an officeholder’s post at any point during the period of leave. However, should the Leader of the Opposition wish to change the appointment, he or she may do so.
As is the case with a Minister on leave, where the opposition officeholder is a Member of the House of Lords, she is not eligible to claim the so-called Lords officeholder allowance provided under the Ministerial and other Pensions and Salaries Act 1991 while on maternity leave. However, the individual appointed as maternity cover, by virtue of these provisions, is entitled to claim that allowance for the duration of their appointment. This is because the allowance is paid to reflect work undertaken in the House.
The Constitutional Reform and Governance Act 2010 makes provision for both MPs’ and Ministers’ pension schemes. Both Ministers and opposition officeholders are entitled to pensions under the Ministers’ pension scheme. The original officeholder’s salary remains pensionable during their maternity leave. However, the Bill provides that the individual appointed to cover the post is entitled to the Ministers’ pension scheme for the period of their appointment, in relation to the allowance paid to them for this role. The Bill comes into force on Royal Assent, and thus will be of immediate benefit and effect.
I turn to some issues which the Bill has given rise to in the other place and outside. First, on future work to broaden this reform, I have already made clear that the Government recognise that the Bill does not go as far as most will desire. There will understandably be many who would have wanted to see a Bill to resolve wider issues of parental leave such as paternity, adoption and shared parental leave. The Bill also does not address absences for sickness and other reasons, or the question of unpaid roles, which I know is an issue of particular interest to Members of this House. These are complex issues that require careful further consideration, taking into account modern working practices and the wider constitutional context.
The House will be aware that the Government recently consulted on parental leave and pay for employees, and they are due to respond to that consultation in the near future. This work will provide us with a valuable perspective, and any future proposals for Ministers will be developed with those conclusions in mind. As my right honourable friend the Prime Minister has said, the Government have undertaken to look into broader proposals, both in the round and in detail. The Government also welcome IPSA’s recent announcement that it will be consulting on some of these issues. We look forward to working with them, and with Members across both Houses, on this work. The Government are committed to building more widely on the progress this Bill represents and will present an update to Parliament by the Summer Recess.
Several Members of the other place raised concerns about the use of the word “person” in this Bill in referring to pregnant women. I know that a number of noble Lords share that concern, and I have, of course, noted the amendment from my noble friend Lady Noakes, who I look forward to hearing shortly. I understand the strength of this feeling, but I will come back to this point in my closing speech in more detail so as to respond more completely to the points raised by all noble Lords on this issue in the course of the debate.
Briefly, I should point out that the language used in the Bill is in line with current drafting convention and guidance; it is legally accurate and achieves the aim of ensuring that female Ministers can take paid maternity leave. Of this there is no doubt. The Bill’s drafting also provides flexibility in the event that the future work programme that I have just spoken of gives rise to the need to revisit its provisions. Nevertheless, the Government have already responded to the concerns from both Houses that this drafting could be misinterpreted, and have updated the Explanatory Notes to the Bill, which now detail how the Bill is intended to support women, and explains the drafting practice. It will continue to be the policy of this Government to refer to “pregnant women” in government publications. As I said, I will reply to the amendment in full in my closing speech, when I have listened to all Members of this House, but I wanted to make this point clear at the outset, and to make clear that the Government are listening to the strength of feeling in this House on this matter.
For the reasons outlined above, I commend this reforming Bill to the House.
Lord True (Con)
My Lords, it is a privilege to respond to the debate, which I have listened to intently and with deep consideration for what everybody has said. If I may be allowed a personal comment, I too was moved by what the noble Lord, Lord Winston, said, because the reason there were seven years between my late brother and me was that my mother was one of the women to whom he referred and, of course, never forgot that. In my life, I have tried to follow the example of that remarkable woman. Part of that example was always that you should listen to the other person and that bullying and hatred have no place in personal life or public life. I echo very strongly what the noble Baroness, Lady Grey-Thompson, said on that in her intervention. No one should have fear in expressing any view. We have heard contrary views in this debate—although there has been an overwhelming voice on one side, we have heard countervailing voices—and I assure the House that I respect all those.
I thank everybody who has taken part. The contributions have been insightful if, from the Government’s point of view, sometimes challenging. I have rarely heard the House so unanimous, or near unanimous, in its expression of concern on the two main points that have come out of the debate: first, what we do next in broadening the work, which I spoke about in opening; and, secondly, the issue of language, on which many have spoken.
Before I come to that, I shall answer some of the other points raised in the debate. We could begin on one point on which I think we are all agreed: although the Bill is specific and limited, it is a significant reforming measure for women and points the way to wider reform. I welcome that that has been recognised by most of those who spoke. The Bill makes an important and long-overdue change to existing law by for the first time enabling senior Ministers to take paid maternity leave. The prior situation—that such a woman had to resign—was unacceptable and, frankly, shameful in the 21st century.
I am grateful to my noble friend Lady Noakes for her heartfelt contribution at the outset of the debate. The very fact that she has tabled an amendment demonstrates her feeling on the subject. If she and other noble Lords will permit, I will address some of the other concerns first and come to the language later in this speech.
I am grateful to the noble Baroness, Lady Hayter, for her support for the Bill. She rightly highlighted the past injustice of women having to make a choice between having children and pursuing a career. That is entirely wrong. It is why the Bill and what I hope will follow are so important. The Government acknowledge that the Bill does not resolve wider issues, and we will present a report to Parliament. I shall say more about that later, setting out considerations and proposals.
I turn to some other points raised in the course of the debate. On the constitutional aspects of the Bill, particularly the royal prerogative and how the Bill operates in that space, several noble Lords, including the noble Lords, Lord Wallace of Saltaire, Lord Hain and Lord Pannick, and the noble Baronesses, Lady Hussein-Ece, Lady Grey-Thompson, Lady Jones and Lady Hayman, asked why the Bill does not grant a right to maternity leave and why it remains within the Prime Minister’s discretion to appoint a Minister as a Minister on leave. As my right honourable friend the Paymaster-General said in the other place during the Bill’s passage, Ministers are not employees and therefore do not enjoy employment rights. They are officeholders appointed by the sovereign on the recommendation of the Prime Minister of the day. The Bill is careful to ensure that the arrangements put in place to allow Ministers to take maternity leave do not interfere with that prerogative in relation to the appointment of Ministers.
Noble Lords, including the noble Baronesses, Lady Hayter and Lady Grey-Thompson, and many others, said that while the Bill is welcome, it does not go far enough. I agree, as I said in my opening speech and just now. The Prime Minister has acknowledged that the Bill does not resolve wider issues such as ministerial adoption and parental leave, absences for sickness and other measures—we heard about some in the debate—or unpaid roles and that we should proceed to consider them too. I will come to that in more detail later.
Noble Lords, including the noble Baroness, Lady Hussein-Ece, also raised maternity provision for Members of the other place. I pay tribute to the noble Baroness’s work as part of the APPG on Women in Parliament, which advocated paid cover for Ministers in 2014. In respect of Members of Parliament, it is a matter for IPSA, which is entirely independent of the Government, and for Parliament itself. I note and welcome the fact that IPSA has launched a consultation on funding for MP parental leave cover and I encourage all those with an interest to make their views known to IPSA.
Others raised wider issues affecting pregnant women across the country. That was the gravamen of the wind-up speech by the noble Baroness, Lady Hayman, whom I welcome to her position on the Front Bench opposite. Pregnancy and maternity discrimination is already unlawful, but the Government have recognised that pregnant women and new mothers continue to face challenges in the workplace. They have consulted on this issue previously and published their response in the summer of 2019. We are looking to bring forward reforms to the current statutory framework, as was committed to in our manifesto. It will provide security for expecting and new mothers, and flexibility for employers.
I thank noble Lords, particularly my noble friend Lord Bourne, for their advocacy on behalf of unpaid Ministers in your Lordships’ House. I recognise that this is an issue, and, understandably, a number of noble Lords feel strongly about it. I am happy to confirm that the Written Ministerial Statement laid by my right honourable friend the Prime Minister specifically envisages the use of unpaid roles as being within the scope of further work that the Government have committed to, following the Bill. The Government will present a report to Parliament setting out considerations on this matter, alongside the other matters that I have explained. I paid careful attention to the remarks of my noble friend Lord Bourne and others, and I hope to be able to update my noble friend and the House on the progress of that work by the Summer Recess, as was stated by my right honourable friend the Paymaster-General in the other place.
I thank the noble Baroness, Lady Gale, who made a powerful speech, and others for their points on equalities impact assessments. It is absolutely right that the Government should give proper consideration to the equalities impacts of a policy underlying any legislation. Although the provisions of this Bill are of narrow scope, they apply to all ministerial offices and the opposition officeholders who are paid under the ministerial salary legislation to allow for maternity leave. This means that, for those women who are Ministers or are considering accepting appointment to ministerial office, there is now less of an impediment or barrier to doing so when considering starting a family at the same time. This improves equality and removes an injustice. It is part of the wider work that I have referred to before, which will look at, among other things, parental leave, adoption leave and the position of people in public life who are not Ministers. The Government have undertaken that, as part of that, they will take into account the equalities issues. The starting point will be to consider the impacts of the current legislation, as well as work from relevant Select Committees.
The noble and learned Lord, Lord Morris, raised the Law Officers Act 1997. He is of course right to say that, by virtue of that Act, which he helped steward through Parliament, the functions of the Attorney-General can be exercised by the Solicitor-General. That provides important flexibility on a day-to-day basis. However, I hope that the noble and learned Lord will recognise that that is not a solution for a planned and ongoing leave of absence.
In addition, the office of Attorney-General, as chief law officer for England and Wales and chief legal adviser to the Crown, is an important part of our constitution. Advice on the most serious and sensitive issues is provided to the Cabinet by the Attorney-General, who attends Cabinet. In those circumstances, it is not about the possibility of the Solicitor-General deputising but about ensuring that there is clarity about who discharges the role of Attorney-General.
I would now like to address the concerns raised in the other place and so strongly and repeatedly in this House today regarding the language used in this legislation. In the debate, almost all noble Lords raised the fact that the Bill refers to “persons”, rather than “women”, who are pregnant. What others see as neutral language, many of your Lordships have perceived as rejecting the special role of women in childbirth. Questions have been raised about whether this is the application of extreme gender ideology. It is not. The overriding drafting principle for all legislation is that we must create the legal conditions to deliver the policy intent.
I will address the specific issues directly and hope to be able to give the House some reassurance, but it is important to disentangle the broader issue of non-specific language on the one hand and how it is perceived and operates in the Bill. I submit that few would want to go back to the situation before 2007, when, for example, “he” was regularly used in legislation to embrace women. That, as many have argued, was seen as demeaning. The changes introduced by the then Labour Government and supported by successive Governments of all parties have sought to avoid gender-specific pronouns and usages when drafting legislation. Whatever the concerns expressed in this debate—I heard them and will come to them—I have not heard any call for the wholesale overthrow of the inclusive drafting conventions used since 2007. The Government continue to believe that that change was right.
I will come to the specific context of the language of this Bill. However, the Government do not—this reflects our discussions with the Official Opposition—propose to amend this Bill, for several reasons. First, the specific circumstances of the Attorney-General’s pregnancy mean that there is some urgency to secure Royal Assent to allow her to go on maternity leave. Secondly, in that context, the current drafting achieves its purpose in legal clarity and certainty.
As I said in opening, the Government have committed to return to the House with a report on furthering the reform begun in this Bill, looking into wider issues including adoption and parental leave, sickness and unpaid roles. If that review leads to this Bill being revisited, the way it is now constructed will facilitate further additions for other forms of ministerial leave.
The Bill is legally accurate and will allow women to take maternity leave. To disturb that by amendment now might lead to unfortunate delay or unintended confusion in drafting. I acknowledge, having heard the debate, that this is not a satisfactory position for this House, but we will return to these matters in due course.
Although the drafting of this Bill in the context of maternity has been criticised by many, I repeat that it was neither novel nor intended in any way to denigrate women. I and the Government have heard today the concerns of both Houses on the “erasure of women” from public discourse and legislation. It is not intended to do this. The overriding drafting principle is that we must meet the legal requirements to deliver policy intent. The use of “person” in relation to pregnancy or childbirth matters in legislation is in line with current drafting convention and guidance, but, having heard the debate today, I will make the following points in reassurance.
First, I repeat that it will continue to be this Government’s policy to refer to pregnant women in government publications. That point has been made very strongly by many who spoke. Secondly, the Government have already responded to concerns that this drafting could be misinterpreted, and have updated the Explanatory Notes, which now detail how the Bill is intended to support women and explain the drafting practice.
The Government recognise the continuing strength of feeling on this issue in both this House and the other place. We are clear that the drafting is accurate and effective, but we recognise the concern expressed today that meeting legal requirements in drafting legislation does not mean that there is only one drafting approach available. In addition to committing to make myself available to noble Lords who may wish to discuss this matter further before Committee—I express my gratitude to those noble Lords who have taken the time and engagement so far to enter into discussions with the Government and me—I also state that the Government are open to further discussions on this issue. I will reflect with colleagues whether we can commit to doing more on this wider issue as we approach the later stages of this Bill.
Following my undertakings on this, many noble Lords expressed a wish to see reform go further to resolve wider issues around ministerial parental leave. The Government acknowledge that the Bill does not resolve these wider issues. That is why we have committed to further consideration. These are complex issues which require careful further consideration, taking into account modern working practices and the wider constitutional context. While respecting the independence of IPSA, the Government will present a report to Parliament setting out considerations and proposals.
In answer to the noble Lord, Lord Tyler, the Government’s work will consider how the issues are resolved in other contexts, including for MPs, other officeholders, workers and employees, to draw up proposals for how they can be made to work in the context of ministerial office.
I would say to the noble Baroness, Lady Hayman, that as part of this work, the Prime Minister has asked the Cabinet Secretary to consult with the leader of the Opposition on the development of the proposals in advance of publication. The Government will continue the work following passage of this legislation with a view to laying the report before Parliament as soon as is practicable, and will in any event update Parliament before the Summer Recess.
I hope that I have been able to address some of the issues raised by noble Lords, including those raised by my noble friend Lady Noakes and others throughout this debate. I urge her to consider withdrawing her amendment, and repeat my offer to have further engagement between now and the next stages.
The Government agree that Parliament and Government should seek to lead from the front on working practices, providing as much flexibility as possible to officeholders to aid the effective discharge of their duties. As my right honourable friend the Prime Minister set out in his Written Statement on this topic two weeks ago, the Government have undertaken to look into considerations and proposals, both in the round and in detail.
Returning to the essential, this Bill will end the unacceptable situation where a pregnant woman would have to resign from Cabinet to recover from childbirth and care for her new-born child. For this reason and for the reasons outlined above, I again beg to move that the Bill be read a second time, and urge my noble friend to withdraw her amendment.
Ministerial and other Maternity Allowances Bill
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 25th February 2021
(3 years, 9 months ago)
Lords ChamberMinisterial and other Maternity Allowances Act 2021 Read Hansard Text Amendment Paper: HL Bill 172-I Marshalled list for Committee - (22 Feb 2021)
This text is a record of ministerial contributions to a debate held as part of the Ministerial and other Maternity Allowances Act 2021 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Lord Lucas (Con) [V]
My Lords, I will speak also to the other amendments in my name.
We discussed this issue extensively at Second Reading. Almost everybody who spoke from all around the House was clear that the use of the phrase “pregnant person” in the Bill was unacceptable. Amendment 1 and the consequential amendments substitute the word “mother”. As the noble Lord, Lord Pannick, laid out at Second Reading, last year’s judgment in the Court of Appeal in the McConnell case makes it clear that anyone who gives birth is a mother under English law. That is a word that signifies a role—a word that honours the millions of women who undertake it, and honours equally those mothers who do not own to the label “woman”. It is a word well understood in statute and in law generally, and one that should cause no upset to the Government’s legal team. If I was writing the Bill, I suspect I would have chosen “women”, but I can understand and see that “mother” may be an easier word for the Government to choose, and I am delighted that there are indications that they may be looking in that direction.
Words matter, especially on the long road to equality. The use of the word “person” in the Bill as it is now erases the reality that, overwhelmingly, maternity is undertaken by women and not by men. To leave “person” in place would be a step backwards in women’s equality, uncompensated by gains elsewhere and inconsistent with government policy. I am among a large group of Peers of diverse politics but a shared determination to see continued progress towards equality for women and to oppose attempts to roll that back. There is a great deal to do, and this amendment is just a grain of sand in the balance—but it is a grain on the right side of the scales. I beg to move.
The Minister of State, Cabinet Office (Lord True) (Con)
My Lords, with the leave of the House, I thought it might be helpful if I made a brief statement at this early stage. The Government have listened carefully throughout Second Reading and in the various discussions I have had with noble Lords of differing opinions outside the Chamber. The Government recognise the strength of feeling on this issue and the desire of your Lordships’ House to give effect to this strength of feeling. The Government recognise the concerns that have been expressed, articulated today by my noble friend in his remarks when moving Amendment 1 and by many others in the debate on Monday, that in meeting the legal requirements of legislative drafting there may be more than one acceptable approach.
The amendments tabled in the name of the noble Lord, Lord Lucas, seek to change the drafting of the Bill to substitute the words “mother or expectant mother” in lieu of the word “person” in various places in Clauses 1 to 3. The Government accept that such an approach to the drafting of the Bill would be legally acceptable and that the intention and meaning of the Bill would be unaffected by such a change. As a result, the Government will accept the amendments tabled in the name of the noble Lord, Lord Lucas.
Lord Hunt of Kings Heath (Lab)
My Lords, in speaking to my amendments, I very much welcome the Minister’s announcement, as well as his willingness to talk to noble Lords on numerous occasions over the last four days. I also welcome the review he is announcing alongside the amendments tabled by the noble Lord, Lord Lucas. I had already decided to put my support behind the noble Lord, Lord Lucas. I prefer the term “woman” but, as he said, I am very happy with the substitution of “mother” for “person”.
I always wanted to see the Bill delivered so that the Minister can get her maternity leave, but I also wanted it to be clear and respectful to women. I am delighted that we have come to this outcome. There is no doubt that the use of the word “person” rather than “woman” or “mother” is not a technical issue that should ever have been decided by parliamentary counsel. It goes right to the heart of the Government’s attitude towards women, their rights and their ability to speak clearly about situations where their sex matters. In recent months we have increasingly heard about the Government’s concerns about free speech in this country. However, when it comes to issues to do with sex and gender, they have been remarkably silent.
I know that many noble Lords have received countless messages, mainly from women, since our debate on Monday—I have had over 200 messages. What comes through is their fear about the hard-won rights of women and their marginalisation in recent years. I was struck by the comments of one senior NHS consultant, who said:
“Language matters and sex-based rights depend upon that language … You are … aware of what happens when women have … tried to express similar concerns”
to those that noble Lords expressed on Monday. She continued:
“What happened to Rosie Duffield was disgusting, but the silence from her colleagues was also chilling and very disturbing.”
Other comments I received were:
“If we can’t speak meaningfully about sex, we will never end sexism, violence against women and girls, or misogyny”,
and:
“I have campaigned for equality across the board all my life and yet now I’m dismissed as a bigot and a transphobe for even trying to raise concerns at all.”
I too find it chilling that those who speak up for women’s rights can find themselves accused of trans hate and subject to horrific abuse, particularly if they are women. That really is a sign of free speech under threat.
At Second Reading, I listened very carefully to the noble Baroness, Lady Brinton, because she was one of the two speakers who disagreed with the general theme of our debate. She referred to the importance of the language used in legislation remaining inclusive and referred to trans men believing that using the word “woman” excludes them and therefore removes their rights.
As Louise Perry pointed out in this week’s edition of the New Statesman—actually, in relation to the Brighton NHS trust’s adoption of gender-inclusive language—one risk is that if you exclude one group to include another, you impact on their rights. It goes much wider than health, of course. How is erasing women from the language of the law somehow inclusive? Where is the equivalent pressure to change references to men in public health campaigns? Prostate Cancer UK does not come under fire for transphobia for talking about it as a men’s health issue.
It is women’s safety, dignity and inclusion that are compromised when organisations do not feel confident in maintaining the ordinary privacy of separate spaces for changing and washing. It is women’s specialist services, such as rape crisis centres, that are being replaced by mixed-sex services—the latest example being very recently in Brighton, with the contract being withdrawn from Brighton Women’s Aid.
It is women’s specialist services and charities where the staff are afraid to speak up for fear of losing funding. It is the women in the workplace who feel threatened if they speak up for their rights under the Equality Act. It is female academics who are being no-platformed and silenced because they are seen as “the wrong kind of feminist”. It is the women MPs in the other place who get the hate and abuse. That is not inclusion.
I support trans rights, and I support women’s rights. Sometimes, there can be a tension between them. That is why the Equality Act 2010 was so carefully drafted to recognise that, with separate characteristics and principles for reconciling and balancing rights when they come into conflict. The legislation uses the word “woman” not just in terms of defining the protected characteristic of sex, but throughout the Act in all sections related to pregnancy, maternity and lactation.
All institutions have a responsibility to avoid discrimination in relation to each of the nine protected characteristics as laid out in that Act, but it is increasingly common to find in the equality policies of many public bodies that the Equality Act characteristics of “sex” and “gender reassignment” have been replaced by a single word: “gender”. The protected characteristics of pregnancy and maternity are often forgotten. How can those organisations then assess how their policies impact on people in relation to sex and gender reassignment, when they collapse the two categories into one?
Furthermore, many are advised by organisations that tell them that even thinking about the possibility of a conflict of rights is transphobic. The result, of course, is that single and separate-sex services, which are enshrined in the Equality Act 2010, are coming under increasing attack, not least from the misleading guidance issued by many government bodies, local authorities and the EHRC.
I am very grateful to the Minister. This is a turning point and an important moment, but there is much more to do to protect women’s rights and the other rights enshrined in the Equality Act. I will certainly not move my amendment, but I thank all noble Lords who have given enormous support to this cause; I am very grateful.
Baroness Hayman of Ullock (Lab) [V]
My Lords, I thank all noble Lords who spoke in the debate. Many amendments have been laid before us for consideration. I will keep my remarks brief.
There may be many amendments in this grouping but they all have exactly the same concern: that of the language used, particularly the use of “person”. As has been pointed out many times, this is at odds with other legislation covering maternity rights and protections—including the Equality Act 2010, which we now know uses “her” and “woman” specifically. Noble Lords have said that they cannot understand why “woman” can be in the Explanatory Notes but not in the Bill. The concerns expressed by Members from all sides of your Lordships’ House, both at Second Reading and today, could not be plainer.
In introducing his amendment, the noble Lord, Lord Lucas, was clear that “mother” is properly understood in statute and should therefore be used in the Bill rather than “person”. My noble friend Lord Hunt of Kings Heath talked about the importance of using language that respects women and the need to support them. We must strive for rights and true equality for all members of our society. My noble friend Lord Winston spoke today, as he did at Second Reading, about the important but sometimes difficult area of understanding what we mean by “gender” and “sexuality”.
It is clear that noble Lords support the Bill’s aims, and that maternity leave will be available to the Attorney-General shortly and to other Ministers in future, but, as has become extremely clear, language is very important. I know that the Minister has been generous with his time in listening to noble Lords’ concerns about the language used in this Bill. Clearly, he has listened and appreciates the depth of feeling among many Members of your Lordships’ House, with his acceptance on the Government’s behalf of the amendment in the name of the noble Lord, Lord Lucas, and my noble friend Lord Winston.
Today, many noble Lords welcomed the statement made by the Minister at the beginning of the debate and thanked him for his remarks. However, as I said, it really is a shame that the Government did not give the Bill—a Bill with such importance for women parliamentarians, and which has the potential to encourage more young women to join us and take up a parliamentary career—more detailed consideration in the first place. Many changes could still be made to improve the Bill; we look forward to working with the Government in the near future to make these further, much-needed improvements.
I end by wishing the Attorney-General and her family all the very best.
Lord True (Con)
My Lords, this has been an interesting and thought-provoking debate—as indeed it was at Second Reading earlier this week. I find it increasingly difficult to recognise myself in the mirror in the mornings; I found it similarly difficult to recognise myself listening to some of the things said about me in this debate.
A noble Lord
Lord True (Con)
Let me say in that respect that being a Minister of the Crown is a high honour but duties come with it. The first is to answer to Parliament and your Lordships’ House, and to carry out faithfully the collective agreed policies of the Government. For all the kind words that people have said about me—I am grateful, of course—the noble Baroness, Lady Hayman of Ullock, put her finger on it when she just spoke: I am here in this debate merely as the voice of the Government, and it must be heard peradventure that the proposals and points I make are not my ideas but the considered and settled position of Her Majesty’s Government.
I thank each noble Lord who spoke. Of course, I was struck by the passion with which everyone spoke on these issues, from whatever perspective. Again, I agree with all that was said about tolerance and humanity. I have nothing to add to what I said on that subject at the outset of my response at Second Reading.
Some of the subjects we have touched on elicit particularly strong views. I am grateful for and endorse what was said about the importance of respect and sensitivity, which have been shown by all your Lordships as we have debated the Bill and the complex issues that have arisen from it.
The Government have been clear throughout the debates on this Bill, both in your Lordships’ House and the other place, that it is an important step forward—a step, but not a complete step—in at last making provision for Ministers who become mothers to take paid maternity leave. I would not want us to lose sight of that, or—as the noble Baroness, Lady Hayman of Ullock, just said—the important message that it should send about participation in public life by women.
Lord True (Con)
My Lords, this is not the occasion for another lengthy intervention, but I of course express my gratitude to speakers from all sides during the course of the Bill and to all those who have had the opportunity to talk to whatever their views are throughout its passage. It has contributed to a good outcome and all who have spoken have done so with sensitivity and clarity.
I also thank the officials and all those who worked tirelessly on the Bill: my private office, the Bill team, Cabinet Office legal advisers, the drafters and the Office of the Parliamentary Counsel, and all others who have provided me and, more importantly, us all in the House of Lords with the support necessary to respond so ably to the challenging questions that your Lordships posed throughout the Bill’s passage.
On behalf of all of us, I end where I began—with good wishes to my right honourable friend the Attorney-General on her forthcoming child. It seems to be a baby that has provided almost as much occasion for debate in Parliament as any since 1688. I wish the child and mother profoundly well, and for the child a long, happy and prosperous life. I hope we can now move on with the process of reform that the Bill begins.
Baroness Hayter of Kentish Town (Lab)
My Lords, I can be very brief because a lot of thanks have already happened. I start with the same thanks to the Attorney-General for starting us off on this. I perhaps should not say this, but I doubt that this was the thing in her mind nine months ago when the Bill was triggered. However, where we have got to is very good. I hope we will see the report in due course, as my noble friend Lady Goudie and others said.
I thank the Bill team—I bet they have never had to do one quite like this, with the last-minute adjustments. It is good of them.
I will say personal thanks to my noble friend Lady Hayman of Ullock for the first of her outings on a Bill. I told her it would be simple and short; she will not believe me again.
I thank the Minister. I know it is not good for his career to have thanks from me, but he will just have to put up with that. He really has listened. He has taken time with us and done so with great courtesy and charm. Most importantly, he has made movement.
I thank the House for what it has done. I think it was the noble Lord, Lord Dobbs, who said that it has been a good day in the House of Lords. I agree.
Ministerial and other Maternity Allowances Bill
(Limited Text - Ministerial Extracts only)
Read Full debateMonday 1st March 2021
(3 years, 8 months ago)
Commons ChamberMinisterial and other Maternity Allowances Act 2021 Read Hansard Text Amendment Paper: HL Bill 172-I Marshalled list for Committee - (22 Feb 2021)
This text is a record of ministerial contributions to a debate held as part of the Ministerial and other Maternity Allowances Act 2021 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Paymaster General (Penny Mordaunt)
I beg to move, That this House agrees with Lords amendment 1.
Madam Deputy Speaker (Dame Eleanor Laing)
With this it will be convenient to discuss Lords amendments 2 to15.
Penny Mordaunt
My noble Friend Lord True said on Second Reading in the House of Lords that, although “specific and limited” in its aims, this Bill is a significant reforming measure for women and points the way to wider reform. It will make an important and long overdue change to existing law by enabling Ministers and Opposition spokesmen for the first time to take paid maternity leave from their job for an extended period. It ends the unacceptable situation where a Minister would have to resign from Cabinet or their post to recover from childbirth and to care for their newborn child. Members in the House of Lords have exercised their role as the reviewing House and have decided to return the Bill to this House with amendments and the Government are content to accept those amendments in the House today.
The Lords amendments make a number of changes to the drafting in clauses 1 to 3 of the Bill, substituting the word “person” with the words “mother” or “expectant mother” where appropriate. These amendments tabled by my noble Friend Lord Lucas were supported by the Government in the House of Lords in recognition of the strength of feeling on this issue displayed in both Houses. The Bill, as originally drafted, was in line with the long-standing convention to use gender-neutral drafting where doing so is necessary to achieve the full policy intent. The use of the word “person” in this Bill as originally drafted achieved both those aims.
The amendments that the Government are accepting today to substitute “mother” or “expectant mother” where appropriate for “persons” in clauses 1 to 3, although grammatically challenging in places, do not affect the operation of the Bill and achieve the twin aims of being legally accurate and delivering on the policy intention. Moreover, the use of the word “mother” or “expectant mother” where appropriate is in line with recent case law of the Court of Appeal, as was noted by Lord Pannick in the House of Lords. These amendments are legally acceptable and the intention and meaning of the Bill would be unaffected by such a change. As discussed previously, the word “woman” or the word “Minister” would have run into legal difficulties, and I hope the words “mother” and “expectant mother” will be acceptable to hon. Members. During the passage of the Bill through the Commons, we also amended the explanatory notes.
I know that there will be some who are concerned by these amendments and by the Government’s accepting them, and I hope to give them some reassurance today. Many of their lordships who spoke in favour of these amendments also spoke about their understanding of and commitment to LGBT rights. Many hon. Members in this place who I think would support the revision were, when discussing the Bill with me, also focused on ensuring that if we ever had a trans male colleague in future who needed to make use of the provisions, that would be the case. We also hope to bring forward work in future on shared parental leave and adoption leave. If legislation is needed, and we expect that it may well be, we would add new sections to the Bill, and we anticipate not having to return to amend the wording back to “person”.
I thank all those who have taken part in debates in both Houses and made interventions. The Bill before the House today makes an important and long-overdue change to existing law. It will enable all Ministers, for the first time, to take paid maternity leave from their job for an extended period. Women who aspire to and hold high office will no longer be disadvantaged. It is in recognition of these amendments that the Government wish to proceed on that basis.
We also recognise that there is much more to be done, and, as we have said, this Bill is the first step. Throughout the Bill’s passage, the Government have made commitments to Parliament both on the wider reports on issues that could no longer be accommodated in the Bill and in relation to a review of language used in drafting legislation, with a genuine willingness to work with parliamentarians. We are thankful to Members of both Houses for their willingness to work with the Government on this issue.
I once again thank the hon. Member for Leeds West (Rachel Reeves) and her colleagues for their engagement on this Bill, and all hon. Members who have contributed to and spoken with passion in these debates. The Government are keen—some members of the Government in particular, I might add—to ensure that this Bill receives Royal Assent as soon as possible. I ask the House to accept the amendments and send the Bill for Royal Assent.
Cat Smith (Lancaster and Fleetwood) (Lab)
Having covered many of the key arguments on this Bill in previous Commons stages, I will keep my comments brief. Labour has agreed to support the Bill for the specific purpose of ensuring that the Attorney General can take maternity leave as a matter of urgency. It is shocking that we are currently in a position where women Ministers face resignation or demotion when choosing to have children.
While Labour supports the Bill as a small step forward for pregnant Ministers, there is no doubt that far too many gaps remain in it to make it fit for the 21st century. This is an important opportunity to reflect on the desperately unequal reality faced by so many women across our country today. As Centenary Action Group highlighted,
“The legislation must not be seen in a vacuum but instead as the opportunity for a…call to action to protect parents in the workplace during these difficult times.”
I am shocked that the Government have failed to respond to the discrimination faced by pregnant women trying to access the Chancellor’s self-employment support scheme during the pandemic. Indeed, the campaign group Pregnant Then Screwed highlights that nearly 70,000 women were unlawfully put on statutory sick pay, thereby negatively affecting their maternity pay and other entitlements. I hope the Minister will address these broader concerns in her closing remarks.
Members across the House have expressed the widespread disappointment that the Bill lacks the ambition that it should have or any attempt to broaden it out in terms of other forms of parental leave. I welcome what the Minister has said about aspirations for Government to include paternity and shared parental leave in future legislation. I urge her to also consider the need for adoption leave and leave for parents of premature and sick babies. Indeed, the debate over the wording in this legislation and the consequence of the Lords amendments reflects the extremely limited nature of the Bill. We would not be having this discussion if the Government had made adequate provision for all parental leave.
Let us be clear: every single person, no matter their gender, deserves to have parental leave when they become a parent, but the Government’s last-minute rushing through of this Bill has stifled any wider progress on this issue. I point out that the speed at which the Government are acting to ensure that the Attorney General can rightly take maternity leave is in stark contrast to their failure to support pregnant women facing discrimination and hardship throughout the pandemic.
Jim Shannon (Strangford) (DUP) [V]
I would like to say a few brief words and thank all other right hon. and hon. Members for their contributions. This is all about making sure that Ministers’ maternity allowances are in place, so the amendments are very simple, as has been suggested, and I believe that there should be no difficulty in accepting them.
I can well remember that when someone close to me had a miscarriage, she was told on Mother’s Day by a lovely lady who had given her flowers in her church with all the other mothers. “You do not have your baby, but you’re still a mummy.” Whether a mother holds her baby in her arms or only in her heart, the creation of life gives her that title and I believe that it is right and proper that we respect that in law. I support the amendments, which simply clarify that position.
I echo the comments of others who have suggested to the Minister in a very nice way that this should be the first stage in delivering for elected representatives in the Scottish Parliament, the Welsh Parliament and the Northern Ireland Assembly, and for councillors and those who hold positions in local government. It is time to get it right. In her conclusion, perhaps the Minister can reassure us that those in the devolved Administrations and at council level will find the same liberties, equalities and opportunities.
Penny Mordaunt
I thank all hon. Members for their thoughtful contributions. In closing this debate, I will respond to a few of the points made. The Government have been clear throughout the debate in both this House and the House of Lords that the Bill is an important step forward that at last makes provision for Ministers to take paid maternity leave. I repeat my thanks to the Opposition Front Benchers for their constructive support—not only on this, but on the future work we are planning to bring forward. I am pleased that the Bill will be able to make similar maternity provisions for Opposition office holders as well.
I turn to the comments of the hon. Member for Lancaster and Fleetwood (Cat Smith). In earlier consideration of the Bill, I spoke about the context in which we are bringing it forward. I am very conscious that even if we took into account future ministerial post-holders, this is still a tiny group of individuals compared with the general population.
There is work that we want to bring forward, not least the work that the Department for Business, Energy and Industrial Strategy has been leading on, to help make progress on a number of related areas. This Bill has afforded me the opportunity to check in with those Ministers and to encourage them. It is understandable that the effort of that Department has been focused on the pandemic, but if we are to recover from that, we have to ensure that women are economically empowered and are supported, and many of the things that BEIS has been looking at will help do that.
The hon. Lady asks whether we have considered premature and sick babies. We have, and I think the provisions in the Bill will certainly help anyone in that situation. We originally drafted this Bill to incorporate adoption leave and shared parental leave, but it was too difficult because of some of the issues around the royal prerogative, Ministers, caps on payroll and so forth, which is why we need a little bit more time to do this additional piece of work before we bring back, I think, future legislation to address those issues.
That will also dock into work that hon. Members will want to do in this place with the Independent Parliamentary Standards Authority. We recognise its independence, but clearly we are talking about the same individuals. Indeed, the Attorney General may have got her ministerial situation sorted—I hope, if this Bill gets Royal Assent—but she will still face the difficulties that other Members have spoken about as a Member of Parliament.
Turning to my hon. Friend the Member for Reigate (Crispin Blunt), I first thank him and the all-party group for the incredible work they have done not only on domestic issues, but internationally. When we in this place look back at footage of our predecessors and see some of the remarks made decades ago about LGBT people and the homophobia that was exhibited, I am sure that all of us cringe. I think we should ask ourselves whether, were we in the Commons at that time, we would have called it out. Would we have gone out of our way to send our support, empathy and understanding to gay people at the time?
The challenge for us today is exactly the same with trans people, and I hope that all Members of this House—I know that many Members do—take that responsibility extremely seriously, none more so than my hon. Friend. The amendments we are accepting today are legitimate and understandable, and critically they are also legally sound, but let me say in supporting them from this Dispatch Box that trans men are men and trans women are women, and great care has been taken in the drafting and accepting of these amendments to ensure that that message has got across.
So often these issues are presented as an intractable row between two incompatible positions. They are not; they are about all people being able to go about their lives and to be supported in doing so. I know that many hon. Members in this place and their lordships in the other place feel that very strongly and feel a huge responsibility. As a woman, I agree with many of the comments made today. I want the rights of all women to be taken care of and all men to be safeguarded, too.
The hon. Member for East Renfrewshire (Kirsten Oswald) made some very good points. I have to inform her again, sadly, that Ministers have no rights because of the royal prerogative—I am sorry to say that—and, therefore, the Prime Minister is the arbiter of this, but I cannot imagine a situation where any Prime Minister would not allow someone to take maternity leave. If anyone has any idea how to get around that as a Minister, I am quite keen to have some rights. We will obviously keep that under review, but that is the current situation.