Ministerial and other Maternal Allowances Bill
Thursday 11th February 2021
(3 years, 9 months ago)
Commons ChamberMinisterial and other Maternity Allowances Act 2021 View all Ministerial and other Maternity Allowances Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the Whole House Amendments as at 11 February 2021 - (11 Feb 2021)
The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)
I should explain that although the Chair of the Committee would normally sit in the Clerk’s chair during Committee, in these exceptional circumstances, in order to comply with social distancing requirements, I will remain in the Speaker’s Chair. However, I will be carrying out the role not of Deputy Speaker, but of Chairman of the Committee. We should be addressed as Chairs of the Committee, rather than Deputy Speakers.
Clause 1
Payment of maternity allowance: Ministerial office
Kirsten Oswald [V]
I beg to move amendment 3, in page 1, line 5, leave out “may” and insert “must”.
The intention of this amendment is to make paid maternity absence mandatory for qualifying Ministerial office-holders.
The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
Amendment 15, in page 1, line 5, leave out “a person as”.
Amendment 16, in page 1, line 14, leave out “person” and insert “minister”.
Amendment 18, in page 1, line 14, leave out “person” and insert “woman”.
Amendment 17, in page 1, line 16, leave out “person” and insert “minister”
Amendment 19, in page 1, line 16, leave out “person” and insert “woman”.
Amendment 4, in page 2, line 1, leave out “6” and insert “12”.
The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.
Clause 1 stand part.
Amendment 5, in clause 2, page 2, line 7, leave out “6” and insert “12”.
The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.
Amendment 6, in clause 2, page 2, line 10, leave out “6” and insert “12”.
The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.
Amendment 7, in clause 2, page 2, line 19, leave out “6” and insert “12”.
The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.
Amendment 1, in clause 2, page 2, line 20, at end insert—
‘(4A) Within three months of the passing of this Act, the Paymaster General must lay before both Houses of Parliament a draft of regulations to make provision for continuity of any paid maternity leave in the event of a Minister on Leave ceasing to hold the designated ministerial office whilst on maternity leave.”
This amendment would require the Paymaster General to act to ensure a commitment to continuity of provision of maternity pay which a Minister on Leave would be entitled to in the event of ceasing to hold the designated ministerial office whilst on maternity leave, or in the event of being moved to a position which results in monies being recouped.
Amendment 8, in clause 2, page 2, line 21, leave out “6-month period” and insert “12-month period”.
The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.
Amendment 9, in clause 2, page 2, line 21, leave out “6 months” and insert “12 months”.
The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.
Clause 2 stand part.
Clause 3 stand part.
Amendment 10, in clause 4, page 3, line 20, leave out “may” and insert “must”.
The intention of this amendment is to make paid maternity absence mandatory for qualifying Opposition office-holders in the House of Commons.
Amendment 11, in clause 4, page 3, line 22, leave out “may” and insert “must”.
The intention of this amendment is to make paid maternity absence mandatory for qualifying Opposition office-holders in the House of Lords
Amendment 12, in clause 4, page 3, line 24, leave out
“may be made only at a time”
and insert “must be made”.
The intention of this amendment is to make paid maternity absence mandatory for qualifying Opposition office-holders.
Amendment 13, in clause 4, page 3, line 32, leave out “6” and insert “12”.
The intention of this amendment is to extend the period of paid maternity cover from 6 to 12 months.
Amendment 14, in clause 4, page 3, line 38, leave out “6” and insert “12”.
The intention of this amendment is to extend the period of paid maternity cover from 6 to 12 months.
Clause 4 stand part.
Amendment 2, in clause 5, page 4, line 6, at end insert—
‘(2A) Within three months of the passing of this Act, the Paymaster General must lay before both Houses of Parliament a draft of regulations to make provision for continuity of any paid maternity allowance in the event of an Opposition office-holder ceasing to hold an opposition office whilst on maternity leave.”
This amendment would require the Paymaster General to act to ensure a commitment to continuity of provision of maternity cover which an Opposition office-holder would be entitled to in the event of ceasing to hold an opposition office whilst on maternity leave, or in the event of being moved to a position which results in monies being recouped.
Clause 5 stand part.
Clause 6 stand part.
Clause 7 stand part.
New clause 1—Equalities impact assessment—
‘(1) Within three months of the day on which this Act is passed, the Prime Minister must complete and lay before Parliament an equality impact assessment of the provisions of this Act.
(2) The equality impact assessment must include consideration of the implications of this Act for participation in public life.
(3) Within three months of the date on which the equality impact assessment is laid before Parliament, the Prime Minister must make an oral statement to the House of Commons on the action which the Government intends to take as a consequence of the assessment.
Kirsten Oswald
I am pleased to move the amendments that stand in my name, and also to confirm my support for new clause 1 in the name of the hon. Member for Walthamstow (Stella Creasy) and others.
In the time available to us—which, as I think has been acknowledged many times from those in all parts of the House, does not allow for full consideration of the Bill’s defects and omissions—it is important that the Committee sets out clearly what it believes the direction of travel should be on this issue. The general principle of the House addressing issues of maternity leave is important, although the devil will clearly be in the promised detail, and we will all be watching for the progress that has been discussed by so many Members.
As it stands, this halfway house of a Bill provides for maternity leave in specific circumstances, but as the Minister herself noted, only with the by-your-leave of the Prime Minister, and only for a maximum of six months. That is not really what we should be endorsing as a long-term solution to the present inadequate situation. Indeed, it should not even be a medium-term solution. That is why the SNP tabled these amendments, and why we are happy to support new clause 1 in addition.
It is inconceivable that if an equalities impact assessment had been done, the Bill would have seen the light of day in its current form. I look forward to such an assessment being completed before we return to this issue. As the hon. Member for Walthamstow said, we have barely scratched the surface of the issues that we need to address if policy is to deal with the proper engagement of those in public life with family life.
Amendment 2 was tabled because the approach adopted in the Bill is wrong. It is unhelpful to those of us who want to address the significant structural issues that exist. I know that there are many on the Government Benches who would like us to revise our approach, who see the international standards on human rights as inconvenient and who perhaps hanker after days when this House and the Government it supported decided who deserved which treatment or benefit and who did not. But we have moved beyond that, as is recognised in the European convention on human rights statement at the head of the Bill. As a matter of principle, we recognise that women should not be discriminated against in the workplace, including on the grounds of pregnancy or maternity.
The Bill, as drafted, envisages that the Prime Minister would—in theory—be entitled to withhold maternity leave from a woman even when she was within 12 weeks of the expected week of birth or within four weeks of having given birth. As a matter of principle, that is wrong. No appeal to how reasonable Prime Ministers would deal with this is satisfactory enough for us to accept such a defect in the Bill. The right to maternity leave is important because it shows the value that society places on our right to family life. That is more fundamental than the role we play in the workplace, no matter how important or exalted our role may be.
There is a macho view that seems to value the idea that we should all work right up until the days of giving birth, particularly if we are in high-powered jobs, and the understanding is that we should return just as quickly. That is to misunderstand the importance for most families—for parents and children—of that vital transitional period from pregnancy through to early parenthood. As one Member said earlier, it also misunderstands the colossal impact of pregnancy and parenthood on life more broadly. I echo what my hon. Friend the Member for Glasgow Central (Alison Thewliss) said about the importance of supporting new parents in the early years, and this House has a role to play in setting an example.
While there may be mothers and families for whom a speedy period of maternity leave works, and they are entitled to choose that route if they wish, it is absolutely not our job here to put into place or to perpetuate policies that make that seem the norm. That can only be detrimental to families across the country. We really need to look forward. We need to accept that things are simply not good enough here for Ministers, MPs or, as we have heard, members of staff.
More broadly—this cannot be emphasised enough—we cannot leave this debate thinking that maternity leave is all working well away from this place. I mentioned earlier the terrifying statistic that over 60% of women who took part in the Pregnant Then Screwed survey last year believe that their redundancy is because of their maternity leave. That is a shocking statistic, and it should cause us to reflect seriously on the situation affecting these women.
The poor state of statutory pay must not be left behind in this discussion either. We cannot just deal with one person, however sensible it is to put this provision in place, and leave everyone else hanging on by their fingertips because of the impossible financial provisions that they have to deal with. The effect of that kind of financial pressure and the lack of support can be seen in how many women do not take up their full entitlement to maternity leave. In its recent report, “The impact of Covid-19 on maternity and parental leave”, the Petitions Committee noted:
“It appears then that current entitlements are only generous to those who can afford to use them.”
We should reflect on that point. Covid and the precarious nature of so many employment relationships at present bring into sharp focus the need for proper provisions for maternity leave, parental leave and the support that families need at this particularly difficult time, which will also be so vital as we move forward out of the pandemic.
The Petitions Committee also highlighted research commissioned by the Department for Work and Pensions in 2008, which suggested that less than a quarter—23%—of mothers taking maternity leave took the full 52 weeks. Only 45% took 40 weeks or more, and I suspect it is unlikely that the situation has improved significantly since then.
The reason for tabling amendment 3 is that an organisation of the scale of the UK Government should not add to that pressure by adopting a standard that says to women, “Your maternity leave is a benefit that may or may not be conferred by your boss,” who in this case is the Prime Minister. Through legislation, we should aim to reflect the standard that we expect Government to meet, which is that women are entitled to their maternity leave and organisations need to put in place proper mechanisms for supporting that.
On the wider front, this House needs to act on the continued abuse of pregnancy as an opportunity to disadvantage in the workplace, whether financially or even by removing people from their posts. That issue also affects those taking parental leave and those with family and caring responsibilities, particularly for young children, which Members on all sides have called on the Minister to look at.
That brings me to the second issue raised in the amendments tabled by the SNP, which is the duration of leave. A simple click on the gov.uk website would have told the drafters of the Bill that statutory maternity leave in the UK is 52 weeks, split into two chunks of 26 weeks. It is not clear to me why the starting point for the arrangements for designating a Minister on leave was taken to be six months instead of 12 months, and it does not speak well of what we are saying to the outside world.
Perhaps the only way to solve that mystery is to notice that there might be a pattern to the Government’s behaviour. In order to win support, they talk about the new freedoms that the UK apparently now enjoys, casting them as an opportunity to set our own standards, free from outside interference, and to set them standards higher. However, when a choice needs to be made as to whether to go for higher or lower standards, the instinct of the UK Government is to go low—to reduce standards, or to fail to act as they should.
That has been clearly shown by the dither and delay following the Government’s defeat in the High Court on the subject of personal protective equipment and health and safety protection for limb (b) workers. That growing part of our workforce, who find themselves with significantly fewer rights than their directly employed colleagues, now find that the Government are failing to act. Many of these precarious workers may find it even more challenging to deal with issues of maternity.
Those of us who are committed to maintaining high standards, whether in the field of employment, the environment or consumer rights, need to be on our guard here, or slowly but surely, hard-won protections we have enjoyed for many years will be reduced or swept away in pursuit of the so-called flexibility that we are now being told is what the UK needs as it pursues life beyond Brexit.
The amendments are about setting a marker. We can see, working from the most vulnerable members of our workforce right up to the Cabinet table, that change can be seen as an opportunity to roll back the clock and reduce and reset established rights. The Scottish National party does not consent to that process.
I will comment briefly on the amendments tabled by the hon. Member for Walthamstow. Her amendment 2 seems to offer appropriate clarification of an aspect of support for Opposition Members. It addresses the issue of someone being disadvantaged as a result of change in circumstance while on maternity leave, which strikes me as an important principle. While on maternity leave, we should not be concerned about the impact of changes at work, so I am happy to support that amendment. I ask the Minister to look at embedding the principle of no detriment in future action in this area.
There is no doubt that an equalities impact assessment is a vital way of dealing with some of the issues with the Bill. The recent Petitions Committee report that we have spoken about highlights some of the issues that need to be addressed when introducing reforms in this area. Recognising that the eyes of the country will be on the changes, we need to avoid creating a two-tier system. We cannot have a good system for Ministers and holders of other high-powered posts and a second-rate system for everyone else.
An equality impact assessment might have thrown up the need to address some of the wider issues in order to avoid that two-tier perception. It would also have highlighted that parental leave more broadly is vital to shattering the glass ceiling, and that too many barriers are still in place relating to caring responsibilities. When this Bill comes back, as the Minister has promised it will, it needs to address those issues.
If we had the equality impact assessment, we might also have noted that wider action is needed to increase the uptake of maternity leave to closer to the one-year statutory limit, because so many parents cannot afford to take the leave to which they are entitled. To address that gap between entitlement and uptake in the wider workforce, it is clear that maternity pay needs to increase, with the SNP proposing 100% of average weekly earnings for the first 12 weeks, then 90% or £150 for 40 weeks, whichever is lower.
Jackie Doyle-Price
I shall not detain the Committee unduly, given that I made many of my points on Second Reading. However, I would like to highlight how the hon. Member for Gower (Tonia Antoniazzi) illustrated beautifully how all our maternity rights legislation refers to “women” or “she” and reflects the female sex, which again makes the Bill something of a vagary.
I thank my right hon. Friend the Minister for her references to my amendments and for engaging constructively to try to work through to a solution, notwithstanding the constraints of the legislation with which she is working. My amendments would replace the word “person”, which is causing so much anxiety to women outside this place, with a word that reflects the position in employment law—in this case, “minister”. That would be consistent with the rest of the Bill, because for the Opposition positions the Bill refers to office holders. I am really grateful to my right hon. Friend for seeing whether that might be a solution. It is not ideal—I would much prefer to see “woman” placed in the Bill—but needs must, and we must pass the legislation so that we can send the Attorney General, my right hon. and learned Friend the Member for Fareham (Suella Braverman), Godspeed on her way to enjoy her pregnancy and her childbirth.
I am not minded to press the amendment if it is not a suitable way to deal with this issue. It was tabled in a constructive spirit, to try to take the heat out of something causing distress to women. However, we must ensure that this is not repeated in future legislation regarding maternity rights. If there were an opportunity to vote on replacing the word “person” with “woman”, I would be in full support of it.
Stella Creasy
I rise to speak to a number of amendments. Before I do so, I will acknowledge some Members across the House who have done such amazing work in raising issues of equality when it comes to pregnancy and maternity in this place. I believe there is a high degree of cross-party consensus that we need to act.
I also put on the record my support for the many men who have spoken today about the importance of fathers. Let me be clear: there will be no equality for pregnant women and new mums until fathers are able to step up and equally do their bit. It is not a zero-sum game; it is about parents being able to support each other, and the importance to women’s equality of not being left literally holding the baby.
Let me put on the record my thanks for the work of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman); my hon. Friend the Member for Hackney South and Shoreditch (Meg Hillier), who was a trailblazer in her time and continues to fight for women’s rights; my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper); and, indeed, my hon. Friend the Member for Enfield North (Feryal Clark), who spoke bravely and set out her own fears for what would happen. That is one of the tests we must face in this place.
I take the point that the Paymaster General is making when she says that this is not a perk, but I think it is quite difficult to make that argument when faced with another Member of the House who is in exactly the same position as the Attorney General but will be unable to access the maternity leave that we have all agreed it is important that new mums should be able to access.
I want to put on the record my support for the words of my hon. Friend the Member for Leeds West (Rachel Reeves). If Members have not read her books, trying to correct the record of the absence of our understanding of what women parliamentarians have done, they really should.
I also want to mention the right hon. Member for Basingstoke (Mrs Miller). I said in my earlier contribution that one of the things I thought was missing from the debate was a recognition of the legislation that she has proposed to try to help women facing redundancy in pregnancy, and to make real the promise, which I think we all expect for our constituents, that we will not make someone who is pregnant redundant. As we know, even before the pandemic, 50,000 women a year were facing that situation. I think about the narrow scope of this Bill and contrast it with what her Bill could do for thousands of women in this country. If she is able to bring it forward, she will have my support.
I also want to thank the current Chair of the Women and Equalities Committee, the right hon. Member for Romsey and Southampton North (Caroline Nokes), who is doing an amazing job. She spoke today about the importance of equalities impact assessments. New clause 1 is about exactly why that matters. Obviously, we usually expect those assessments to be done for any form of Government legislation, because we recognise that we cannot be blind to the consequences of legislation for different sections of our society.
We have an Equality Act in this country and we protect certain characteristics for a reason, because we know that not everyone in our society faces a level playing field. Pregnancy is a protected characteristic for just that reason—to enable us to say, “Actually, in our society in 2021, women who are pregnant in our communities face discrimination.” We recognise that if we address the challenges that they face and remove those barriers, we shall all benefit. This legislation seeks to do that, and I recognise that. That is why I will support it, and why I think it is the right thing to do.
However, as the Paymaster General herself said, this legislation does that for a maximum of 115 women. In a society of 70 million people, that cannot be enough. That cannot be the message that we send from Parliament. That is why it is important that we have an equalities impact assessment of this legislation, and that we recognise that it does not take place in a vacuum, but in an unequal society where women who are pregnant face discrimination. We see that in our public life. We have already talked about this place briefly, and I do want to return to that, because I think it is important.
I acknowledge that the Paymaster General has recognised the timetable that I am setting her. I want to put that on the record, because I think that should be part of an equalities impact assessment where I believe the discrimination is against those of us who are pregnant, and there are human rights elements of this. But we cannot be blind, either, to the message that this legislation, in the way it is crafted, will send to our sisters in local government and regional Assemblies, or indeed to our sisters who are employees of this House.
Stella Creasy
Happily. In fact, if I did not give way to the hon. Gentleman, I would feel that I had missed out.
Jim Shannon
I thank the hon. Lady for what she is saying, because I wholeheartedly agree. An example of that is a young girl who works for me. She is my PPS but also a councillor. She was able to get maternity leave because she works for me in this place, but not for her role as a councillor. I want to quote quickly from her. She cried, for she felt pressurised to return to the council after a couple of weeks, not by any person in her group but because she knew that no one else could take over from her, vote for her or speak for her. Today we have an opportunity to get this right for Ministers and for MPs, but I believe we must do the same for the Northern Ireland Assembly, the Scottish Parliament, the Welsh Assembly and every council. This is about equality, and we need that for everyone.
Stella Creasy
I always knew that the hon. Gentleman and I would eventually find common cause, even if we have disagreed on other human rights issues. He is right; we have a leadership role to play. Indeed, I would argue that this is leading legislation, because we know that in other Administrations there are not formal maternity provisions. That is why it is so frustrating that we are missing this opportunity to go further and help our colleagues.
Meg Hillier
I thank my hon. Friend for giving way and congratulate her on her happy news. I have had the interesting experience of having three children: as a councillor, where I took six months’ leave; as a member of the London Assembly, where I was the first then to take six months’ leave; and as a Minister and a Member of this House, where I took six months’ leave. It can be done, but there is an important element to consider.
Proxy voting, for example, which has an important role to play, can be seen to tether a woman to her job during her six months’ maternity leave and make sure that she has to follow every twist and turn of her job. We need to be careful in this debate that, while, of course, this Bill is a good move and while there are still many other measures that need to be put in place, we reflect and recognise that maternity leave is there for a reason. It is there so that we can bond with and nurture our child and come back to work at the point that we are ready to do so, with our child and our situation in a good place. It is important to make sure that, with some of the mechanisms that could be proposed, we are not unnecessarily tethering a woman to her job.
Stella Creasy
I completely agree with my hon. Friend. The challenge that she is speaking to is the same as the one that the hon. Member for Strangford (Jim Shannon) spoke to with regard to his member of staff. The Bill is not just about pay, but actual cover. As I said earlier, it is the commitment that the current Attorney General will not get an immediate phone call saying, “We know you are on leave, but we need you because of X.” Somebody else will be formally overseeing that role.
It is not by accident that when I was pregnant, I thought about what I wanted to do for my community. It was not about money, but about being conscious that if I had been awake for two or three hours at a time, I probably would not be as useful to my constituents as someone who could focus fully on the job. As I discovered with my first child, those pockets of sleep for two-and-a-half to three hours—the point at which I saw coffee as a medicinal substance to keep going—were in the first few weeks and months after childbirth.
It is absolutely right that we work to protect the family life of any woman giving birth, so that she has that time to bond with her child and to properly take time out, but we cannot do that in this job if there is nobody fulfilling the role that we are doing. It is the same for a local councillor and the same in our Assemblies. That is the challenge that we are facing here, and why it is so important that we assess the impact of this legislation.
Wendy Chamberlain (North East Fife) (LD)
I am listening intently to the hon. Lady’s speech. She is making some excellent points. Does she agree that today, what she is asking for is even more crucial? Given social media and emails, Members of Parliament are arguably never off.
Stella Creasy
I completely agree with the hon. Lady. At this point I pay tribute to the hon. Member for Stroud (Siobhan Baillie), who found herself being abused because she was on maternity leave. She was also abused by members of my own party. I remonstrated with them, pointing out that that was not the progressive approach to take.
My concern about the hon. Member for Stroud, and why the legislation is a missed opportunity, is that she sought to get cover. She was an MP who, like me, tried to get a locum. I had a fantastic locum. In fact, my locum, Kizzy Gardiner, was too good. People in Walthamstow were desperate to keep her, because she was an absolutely fantastic example of why maternity cover matters. Nobody in my constituency batted an eyelid about having someone else not just doing casework, but out there representing our community, working with groups, going into local schools before lockdown happened, and then when the lockdown happened, leading on that role. Watching the hon. Lady being abused and attacked, and watching her also trying to cope with those first few weeks of having a new baby alone, fired my enthusiasm on this. We cannot sit around in this place, watching as other people get those issues right, but failing to take action ourselves.
It is not by accident that the number of times pregnant women end up in this place, or in local government or in the Assemblies, are few and far between. That is one issue that an equalities impact assessment can take a look at. We all talk about wanting to get more diverse people into our politics. Sometimes the barriers to that are blindingly obvious. I know from talking to colleagues in local government just how frustrated they are. I know from talking to colleagues in other devolved Administrations just how frustrated they are.
When we pass legislation in this House, such as this Bill, we cannot be blind to the message that we are sending about how we have determined who is important enough to have that leave. If we think that is not something that should be bestowed as a discretionary pleasure, or as a benefit like a company car, then we also have to recognise the consequences of behaving like that, not just here but in other places as well. If we want to ensure that there is no trade-off between family life and public life for either men or women, we must look at the message we are sending. The honest truth is that this legislation, as it stands, sends a message that a two-tier system is acceptable.
Consider for a moment what would happen were we to look at local government and say, “Well, it’s okay for just cabinet members in local government to have maternity leave”. We would be horrified for young female councillors, or indeed for young men who want to be good fathers and spend time with their children, and want to be supportive partners, yet that is exactly what we are doing here. Frankly, in no other workplace would this be acceptable. If someone came to us in our constituency offices and said, “This is the experience in my workplace”, we would say, “Well, that’s clearly breaching various regulations. We must support you. We must get you trade union representation.” I am very proud of the trade unions, which I know have made representations on this issue already.
Patrick Grady
The hon. Lady knows that she has the support of the Scottish National party for her amendments. Indeed, my hon. Friend the Member for Livingston (Hannah Bardell) wanted to make sure that her support in particular was recorded.
Until the pandemic, the only times that I acted as a proxy were actually for new fathers in our group; we have not had a new mother, at least in the time that I have been here. I have heard the case made on many occasions that the best stride that could be made for gender equality would be equality of parental leave. If that parental leave could be shared between both parents of a child, it would be an incredible way of helping to break through the glass ceiling—if the entitlement was there for everyone. The hon. Lady is absolutely right that this Bill and the clauses that we are debating just now do not make that distinction.
Stella Creasy
I completely agree with my colleague from north of the border. People’s ability to take shared parental leave is so important. Again, parental leave is not covered in this Bill, but an equality impact assessment could look at the consequences of failing to include it. That matters because the Bill talks about ensuring the income of a Minister, and, to put it bluntly, the biggest barrier to people taking up parental leave is that it is only open to those who can really afford to do so.
The gender pay gap is at the heart of some of these challenges. That is because for most women and their families, it is actually better for them to take time off with the baby than for their partner to do so. That means that they take the hit on their career and on their incomes, and we do not get the fathers’ involvement in children that we all want to support. Why are we sending the message that we are not even talking about ministerial paternal paid leave and therefore ensuring that fathers can be part of it? The Paymaster General said that it is already covered in existing provisions. That is because it is only two weeks. In the first two weeks post birth, parents are lucky if they see daylight and are able to go outside—or, indeed, to wear clean clothes, if I remember correctly—so having more time with their child is crucial.
I want to look particularly at what this legislation means for Parliament. The Paymaster General has pointed out that she gets this and she understands that we have to go much further, and I believe her. She talked about a timetable. Let me be clear why that timetable matters. I said earlier that I have a direct discrimination case, and I think that an equality impact assessment could look at this issue. She will have seen that the Independent Parliamentary Standards Authority has come out today and said, “Yes, we’re going to consult”, and it is having a meeting again today. That is all very welcome. I recognise that the new chair of IPSA takes a very different approach from the previous administration. I have worked on these issues for the last two years and I wrote to IPSA before the last election, begging it to come out and say that it was at least looking at these concerns so that nobody of childbearing age would be deterred from standing in the election, but it refused to do so, so it is welcome that there is movement.
But, as ever, the pace of change is glacially slow—for me, literally, because yet again I find myself in a position where I cannot be confident of what I can say to my community to answer the question posed by the member of staff of the hon. Member for Strangford: “What cover will there be?” I cannot even look my own staff in the eye because of the lack of cover that we offer staff in this place. If nothing else, that makes us terrible employees.
This legislation gives the lie that this is an independent matter. I have been told for the last two years that MPs’ employment status meant that it was impossible. Indeed, it says on the IPSA website:
“MPs as independent office holders are not employees and are therefore not eligible for statutory maternity, paternity or adoption leave.”
Meg Hillier
My hon. Friend will know that a Minister is on the payroll of their Department, so in that sense they are more of an employee. There is a really interesting issue here that we will need to consider carefully, and it is that MPs are not employees. We have a payroll, but we are not employees; we are obviously answerable to our constituents. That is one of the fundamental differences. For my part, when I was on maternity leave, I had a clear plan and support. Like my hon. Friend, I asked for some cover—some extra money for my staff—but it was not possible. There are certain things that an MP does that cannot be replicated by anybody else, as we know. This has obviously been well rehearsed. This is a complex area, and she is making some interesting points.
Stella Creasy
I thank my hon. Friend for her contribution. She hit the nail on the head when she said that it was not possible for her to have that support, so she had to put in place a system for herself. In what other workplace—
Meg Hillier
I just want to make it clear that I was not unhappy about the system that I put in place for myself. It was very clearly worked out: I had colleagues who were able to step up if my staff needed any extra support, and they had the right to be signatories. However, this was during the expenses scandal, and because my name was above the door, there were some things that it would have been very difficult to pass on to somebody else. So despite the great support I had, it was difficult, and I would have liked to be able to pay some of those staff a little bit more for the extra responsibility they were taking. That was the bit that I had the most issue with at the time.
Stella Creasy
I am grateful to my hon. Friend for sharing her experience. I think that speaks to the challenge of this legislation, in terms of the impact it will have in this place by setting up a two-tier system. For a member of the Cabinet or a Minister, it will now be clear what will happen and what their rights are. They can be confident and relaxed. I return to the honesty of my hon. Friend the Member for Enfield North in talking about how scared and worried she was and about the lack of clarity in the lack of parity on these issues, so that she felt she would be put at risk of people saying she was not pulling her weight or would not be able to support her constituents, or that she would be dragged back into work. We have a duty of responsibility and care to her, because she is in the same position as me, but a bit further on.
I want to be clear that this legislation recognises the Minister’s absolute right to a family life. That is an article 8 human right, and we need to protect that. We need to act to ensure that no one is discriminated against in that regard. The lawyers I have consulted tell me that it is arguable that this legislation breaches the human rights of those of us who are not covered by it but who are in the same position in seeking to do a job in this place, because article 14 says that we should not be discriminated against in terms of the rights that are accrued in the workplace. So for me, there is an arguable case here.
I do not want to be in the position of taking the Government to court. Frankly, I want to be in the position, especially now in the early stages of pregnancy, of being able to sit down and sleep for hours on end, and in later pregnancy probably just to sit down in general, but I know that it is vital for my constituents to have clarity about who will be covering the role that I do. The previous locum I had was fantastic, but we had to write the job description. We had to sort it out. In comparison to what the Attorney General and any other Minister will have, that is not parity. It is a form of direct discrimination because it affects the ability to have family life. I have been very clear with the Minister—
Meg Hillier
I wonder if my hon. Friend could clarify that last point, because I think we all approach our jobs slightly differently. Certainly, it was not at all an issue for me when I was laying out everything I did that would need cover. The description was really what I did already, so it was not a very difficult challenge. I would be very reluctant to have IPSA or somebody else write the job description for somebody who was providing support, whether it was my existing staff or anyone else. I would be interested if she could clarify that point.
Stella Creasy
I do not want to test the patience of the Chair of the Committee by going into what the different schemes might be.
The point we are making here is about parity, and the lack of parity as a result of bringing in this system. If we have clarity on the cover for the Attorney General and clarity about the amount of money that will be paid, it would be right to look at whether we should offer the same thing for Back-Bench MPs, and indeed set the standard for local government and the regional Assemblies, perhaps offering to work with them in terms of our experience.
My simple point is that this legislation blows a hole in the argument that has been given for the past two years that we could not look at these issues because it was all too complicated. As the Paymaster General set out earlier, the complications around ministerial employment have been overcome in a day because of the guillotine of having a clear deadline set by one Member of Parliament. One of the challenges that has created for some of the drafting is that this maternity right is following not the person who might be pregnant but the position that they hold.
My argument is that there is direct discrimination in this place because this says to my constituents that they are not as important. I am pleased that my hon. Friend the Member for Hackney South and Shoreditch was able to get cover, and I know that Kizzy, my locum, was invaluable for my community in ensuring that they got 100% of the service 100% of the time. I believe the residents of Walthamstow are owed that. That is why I will continue to fight for this, but I also recognise that it is for every MP to make that decision for themselves. The point is that we are now making sure that that decision can be made, but only by a select few. That has an equalities impact, and we should know that and recognise its impact on public life.
Chris Loder (West Dorset) (Con)
I thank the hon. Lady for giving way. I hope she will forgive my ignorance in some of my questions to her, but my understanding is that Members of Parliament are able to take maternity leave and their salary is paid for by the state, and that continues to be the case. My understanding is also that IPSA will provide contingency funding to support the offices of Members of Parliament, to allow them to have that leave and make provision for them to do so. Am I incorrect in my assumption?
Stella Creasy
The honest truth is that we do not know, because the only other MP who sought to take advantage of that system was discouraged and deterred, and was not able to do so. What I would say is that right now, it is not clear to me as a pregnant woman what support I would get. There is a conversation about pre-approved support; right now, I am one of the most expensive MPs in London because of the contingency application for maternity cover. I am sure the hon. Gentleman would agree that it is not appropriate to see maternity cover as an expense that might be reported to the public in that way. There is not parity, in the way that there is parity and clarity about what the scheme is for—
Stella Creasy
I will happily give way, but I hope that explains the issue to the hon. Gentleman.
Chris Loder
I hope the hon. Lady will forgive me, but I am afraid I do not concur with what she has said. I think we are in one of the most fortunate situations in the entire nation. This Parliament has the ability to call on the taxpayer to support those who need to take maternity leave, to take care of their children and to physically recover from pregnancy, so if the hon. Lady will forgive me, I think she is wrong. We as a Parliament, as a state and as a nation are in the fortunate position that we do support our MPs, and we must be careful to not put out there that we do not, when there are many people who are struggling. I agree with the hon. Lady’s earlier point that across the nation, there are employers who do not necessarily fulfil their obligations, but I think we have to be careful about giving the impression to the nation that we in this place are hard done by, because I am afraid I do not agree.
The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)
Order. Just before the hon. Lady responds, I think it is quite important to note that this Bill is about Ministers, and we must not stray too far into the position of Members of Parliament as well.
Stella Creasy
I thank the hon. Gentleman for his comments. If he will forgive me, as somebody who has actually been through this process and actually understands what is available and what is not clear at present, I would gently encourage him to talk to his colleague the hon. Member for Stroud about her experiences.
It is really important that we are honest about the lack of clarity. As I have said, there is not a formal maternity leave scheme or formal maternity cover. Unless the hon. Gentleman is suggesting that if an MP disappears for six months, nobody would notice because they do not do anything, then there is work to be covered. The point about this legislation is that it recognises that. It is not about the pay—that is a red herring in this environment. It is about having somebody to cover the work we do outside of this room: the campaigns we run, the constituency events we attend, and the casework we do. For me, it was not acceptable to ask my staff to fill in everything that I did for six months, and expect my constituents to have a reduced service as a result, rather than to have somebody cover those roles.
I am very conscious of time and I do want to press on, but I would gently encourage the hon. Gentleman to look at what is actually being provided at the moment. It is not the same as what we are providing in this legislation, and that is my point: we want parity, because every woman should have six months’ paid cover so that they can actually take time off. Perhaps he might want to speak to my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq), who was back doing casework three days after a caesarean section because, although people thought she could take maternity leave, the reality was that she could not. I know that it is not a situation in which the hon. Gentleman has found himself, but I hope that he can understand, through listening to those of us who have, why we need change. Certainly, I hope that he will join me in supporting paid parental leave for our male colleagues because that is really important. I have talked to many colleagues who find that this place takes them away from their families when we want to bring them together.
I want to highlight the other amendments that I have tabled. I recognise the cross-party support for new clause 1—I think the Paymaster General does, too—and the call for change and for us not to be blind about the messages we send from this place about the importance of paid maternity cover and ensuring that everybody can access it.
Amendments 1 and 2 are probing amendments to recognise some of the questions the Bill raises about the practical technicalities and what would happen. The Bill seems to take account of the idea that somebody might be demoted while they are on maternity leave and I am sure that the Paymaster General will want to clarify that. Although the Bill provides that no Minister would be in a financially difficult position if they were removed from their ministerial post while they were on maternity leave, it does not make the same provision for the small number of Opposition office holders. Will the Paymaster General clarify what would happen in that case? We all want to ensure that when any woman takes maternity leave, she can do so with confidence and certainty about her financial and logistical position.
There are still battles to be won, but I want every pregnant woman in this country who is facing problems right now to know that there are voices in this place that are prepared to stand up to those who tell them not to worry and to be grateful for the fact that somebody might employ them at all; not to worry about going home and being stuck with their children, and that equality does not matter to our economy. I know that there are voices and champions for the importance of not discriminating against pregnant women and new mums across the House, but it is time that we saw ourselves as we are now, and we are looking through the wrong end of the telescope if we do not understand the impact of the Bill on the messages that we send.
I know that the Paymaster General realises that we need to do the research. She is honest about how small the number of women affected by the Bill is. If she will not accept the amendment, I am keen to hear from her—because I do not want to have to take the Government to court—a clear timetable for action, a clear commitment by the Government to make parliamentary time so that we can resolve the issues in this place and support women of child-bearing age and their partners in local government and across the Assemblies as appropriate, for public life if nothing else. Deeds not words.
Sir John Hayes [V]
In George Orwell’s novel “Nineteen Eighty-Four”, protagonist Syme explains the objective of Newspeak:
“Don’t you see that the whole aim of Newspeak is to narrow the range of thought? In the end we shall make thought-crime literally impossible, because there will be no words in which to express it.”
Although there are those who do not understand or will not recognise this truth, language matters. It is through language that we understand, express, consider, challenge, think and articulate. Through language, we breathe life into sentiment. So we must ask ourselves a question. How did we get to a place where a Conservative Government bring a Bill before us that seeks in effect to abolish two beautiful words that have been used for centuries and embody goodness and truth: “mother” and “woman”? The Bill as drafted does just that. It rules those words out of law.
Is it now considered embarrassing to be described as a woman and to admit to being a mother? That seems to contradict the whole purpose of the Bill. After all, the Bill is about recognising the significance of motherhood and extending that recognition to those in the service of the Crown. Are we now acknowledging as a Parliament that the concepts of motherhood and womanhood are so radical that they must be censored?
You know as well as anyone, Dame Eleanor, that when tabling amendments, one is often seeking to make small, sometimes complicated technical changes to legislation. Today, with my hon. Friend the Member for Thurrock (Jackie Doyle-Price), my motivation is much more straightforward: to affirm the existence, worth and eternal value of womanhood and motherhood. By the way, if the need arose, I would do the same for men and fatherhood. By saying the words and including them in the Bill, we will cement the virtues that the Bill embodies in law.
As drafted, the Bill, in effect, extinguishes the ordained particular characteristics of human types. I do not know whether that is as a result of artlessness or heartlessness, but whichever it is, it anonymises and dehumanises. That is why I have introduced the two amendments that stand in my name, and I am grateful to Members from across the House for supporting them.
My speech will be uncharacteristically short but characteristically straightforward, because this is a matter of common sense—the common sense that prevails beyond this place and, clearly, beyond the wit or will of the people who drafted this legislation. Never underestimate the power of language, for there are those—those who are extreme and immoderate—who understand its power very well and those, as the hon. and learned Member for Edinburgh South West (Joanna Cherry) said, who seek to obscure the biological differences, which are, frankly, the very reason all of us are able to contribute to this debate, because we would not be here without them.
It is sad to see the attempts that have been made to blur the picture, muddy the waters and cloak this matter in denial. It is sad to see the descriptions of “drafting difficulties” and “legislative complications”, which were described to me today by one parliamentary lawyer, a distinguished one too, as entirely “clueless” and “baseless”. This is a matter not of drafting procedure, but of principle. Electors of all political persuasions and none, across our kingdom, from Caithness to Caerphilly to Cornwall, from Antrim to Arundel, from Kent to Kendal, expect us to do what they would anticipate is that common sense—to affirm womanhood and motherhood in this legislation, which is, after all, about maternity.
As Orwell understood, semantics matter, because through them, via meaning, we find truth. In the pursuit of truth, and in solidarity with every woman and mother in South Holland and The Deepings and beyond, I am proud to put forward the amendments that stand in my name, and I shall be seeking to divide the House on them at the end of this Committee stage, with your indulgence, Dame Eleanor.
Cherilyn Mackrory [V]
I thank my right hon. Friend the Paymaster General for bringing this Bill before us today. It is highly unlikely to affect me personally, as my daughter is six and I have a very supportive family, but even with a six-year-old being a full-time working mum is a huge juggling act. I have massive admiration for mums in general, for all working mums and absolutely for any colleague who has a baby while doing this job. But why do I feel like that? Why do I not have the same feeling for my male colleagues who welcome a newborn? There have been a few of those this year.
I am sorry to say that despite how far we have come and despite how much more hands-on dads and partners are these days, the majority of the domestic load around babies and small children is still being carried by women. I will quickly caveat that by saying that all families are different and there are many families where that is not the case, but by and large women are still in charge of this mental load. We must explore in this House, and in debate more widely, the evolving role of fathers and partners, and how we can possibly improve the equality of pregnant women without looking at families as a whole. Looking into the debate on maternity leave as a whole means looking at the impact on our work and family life. Do we value family life at the expense of work? Do we look at work at the expense of family life? At the moment, I do not think we have that balance right, and covid has emphasised that. Society is starting to look at this a lot more, and Government will be well placed to encourage a society that promotes family life. Stable families, whatever shape they take, are good for society and improve life chances. We should promote best practice by companies, and ensure by doing it in this place that we lead by example. It starts with maternity leave, but goes on to much more.
Wendy Chamberlain
I am pleased to have the opportunity to speak in Committee, having been unable to do so on Second Reading. I start by wishing the right hon. and learned Member for Fareham (Suella Braverman) and the hon. Members for Walthamstow (Stella Creasy) and for Enfield North (Feryal Clark) all the best in their pregnancies. Indeed, it is particularly poignant for me to speak in this debate today because I am currently receiving updates on my stepson’s partner, who is in the early stages of labour; they are on the way to the hospital as we speak. Step-grannyhood awaits. I am not quite prepared for that.
The Bill corrects what is fundamentally a clear unfairness in relation to ministerial appointment legislation. Clearly, as we heard on Second Reading, there is support from all sides of the House for ensuring that Cabinet Ministers can take maternity leave, and rightly so. However, like many Members across the House, I find it worrying that this huge hole in legislation has been spotted only now. Sadly, I think that speaks volumes about this place, the current Government and—dare I say it?—previous Governments, in which my party took a part.
While today we may be updating antiquated rules, the Bill takes us not so much up to the present day as into the 1990s. Of course, a particular element of maternity leave is ensuring that a new mother can physically recover from the birth. I was a police officer for 12 years, and it was critical that we took time off work. That is why all mothers should take at least two weeks off work in the first instance. It was therefore incredibly saddening to hear of the experience of MPs who have been forced to attend this place either immediately prior to giving birth or shortly thereafter.
In 2021, there is wide acceptance of the fact that, no matter how a person is becoming a parent, they should be entitled to leave, whether it is maternity leave, paternity leave or adoption leave, to give the child that is coming into their family—the child should be at the centre of this—the very best start in life that they can. We should therefore expand the scope of the Bill beyond maternity leave, because that is clearly the direction of travel that we see in society. This must be a legislative first step, and I welcome the Paymaster General’s comments on Second Reading that it is. I look forward to hearing the timetable accordingly.
I worked for a number of different organisations throughout my career before I came into this place. I have seen a variety of policies on parental leave, and I have seen them change over time. In fact, when I was a police officer, they changed between the births of my children; when I had my daughter, I had six months’ leave, and when I had my son, I was able to take longer. However, I would have really struggled financially if it had not been for my mother, who was able to help us cover childcare. There was just no way that, as a family, we could afford the multiple days.
Stella Creasy
The hon. Lady is making an incredibly powerful speech. May I be the first person to congratulate her on her forthcoming step-grannyhood? I am sure she will be super-gran. One statistic that is very important in this debate is that a third of women get into debt when they take maternity leave. She talks about the financial penalties that she faced. Does she think that one of the things that we would need to look at if we were to have an equalities impact assessment is the different access to maternity leave and the time that people can have, due to the financial consequences for them of taking it because we have such poor maternity leave in this country?
Wendy Chamberlain
Absolutely; I agree. Continuing on my experience of maternity leave, I had to get my mother to help so that we could afford the childcare, but my husband was a police superintendent at the time of the birth of our son, and his two weeks’ paternity leave operationally did not really happen because there were a number of things going on. It just did not work for us as a family, and he certainly did not get the quality time he deserved.
I empathise with the comments made by the hon. Member for Truro and Falmouth (Cherilyn Mackrory) about the role of fathers. I simply would not be able to serve in this House if it were not for my husband taking the lead at home, although I have warned the children that I am checking Satchel One for progress on online learning on a regular basis.
The global drinks manufacturer that I worked for prior to my election introduced a parental leave policy in early 2019, which means that, regardless of whether it is maternity, paternity or adoption leave, employees are entitled to parental leave equating to six months’ full pay. I agree with the hon. Member for Glasgow North (Patrick Grady) that this has been transformative, not just for mothers but for fathers too. The biggest impact, I would argue, has been on men. For instance, the director of the global learning unit that I was part of, a man, took his full parental leave allowance, and that sent a very important message. It meant that many men on the supply and manufacturing side of the business in more operational roles felt empowered to be able to take that same leave. That is incredibly important.
Patrick Grady
As I said, one of those deciding not to stand is Aileen Campbell, whom I consider a close friend. She was the first Scottish Government Minister to take maternity leave, and Fiona McLeod, an outstanding Minister, was appointed to cover for her. The hon. Lady is talking about the difficulties that Members have in this place. Her former leader, Jo Swinson, was very negatively impacted, because not only was there no proxy voting at that point, but her pairing was shamefully broken, either accidentally or on purpose. That shows the amount of work that still needs to be done in this place despite the points that are being made about the wider consequences for society.
Wendy Chamberlain
I agree. It is interesting that the Government are now much more supporting of proxies than they have been. The challenge around the pairing arrangements is not only the risk that they might be broken—that was certainly a very bad experience for Jo Swinson—but that the role that we play in this place is potentially much more visible than it has been in the past through apps such as CommonsVotes. People in our constituencies judge us, and rightly so, on our voting records, and pairing does not give people the opportunity to have their views recorded.
Stella Creasy
I have constituents who say, “I turned on the television and I couldn’t see you in the Chamber”, and I say, “Yes, that’s because I was working.” It is important to remember that only a third of what we do as Members of Parliament takes place in this room—there is also all the build-up to legislation, all the casework we do in our communities, and the role we play as an advocate for our localities. When we are considering the cover required, thinking only about what happens in this place and the end point of voting is a missed opportunity. We have to recognise what would happen in our communities if our role there was not played. Does the hon. Lady agree that we should not sell ourselves short with the idea that if we disappeared for six months people would not notice?
Wendy Chamberlain
I do agree. That would not only sell ourselves short but sell short the work done by our staff in our constituencies. Owing to the pandemic, it has been difficult for parliamentarians who came into this House in December 2019 to know what case workloads might normally look like, but I have experienced a very high level over the past year, and my staff have played a key role in relation to that. We need to be there to support our constituents. Constituents have said that they have had a better understanding of the role of MPs and what they can do as a result.
I do not want it to be thought that I do not agree with Cabinet Ministers being entitled to full pay and maternity leave. I absolutely support that; it is entirely right and in keeping with best practice, but it also potentially speaks to huge unfairness, on which other Members have touched. Secretaries of State will receive about £1,300 a week if they receive full maternity pay for six months, but millions of people around the country are eligible only for statutory pay, which after the first six weeks is just £151 a week—close to a 1,000% difference.
On Second Reading, the right hon. and learned Member for Camberwell and Peckham (Ms Harman) spoke eloquently about the deficiencies in maternity pay and allowances. It does seem odd to me for the Government to say, “This is the standard we are going to give to a Cabinet Minister,” and on the other hand say, “The statutory minimum is the standard by which you should treat your employees.” That seems a case of “Do as I say and not as I do.” The organisation that I worked for previously is now giving six months of parental leave, regardless of whether that is maternity, paternity or adoption leave. That is a big organisation.
Meg Hillier
So many others have spoken about the real difficulty for so many women out there who do not get a good package of maternity cover. Does the hon. Member acknowledge that as MPs we get a good financial package and that we are paid all the way through? As the hon. Member for West Dorset (Chris Loder) highlighted, we get a good deal in that respect and we must ensure that we recognise that.
Wendy Chamberlain
Again, I agree. We are not only paid on maternity or paternity—if Members choose to take time off—but we do not receive sick pay because we continue to be paid at that time as well. I acknowledge that during this period a number of people in my constituency and across the UK are really struggling because statutory sick pay provisions are nowhere near adequate.
I worked for a global organisation, but I am conscious of the impact of parental leave on small businesses. That is why the statutory support needs to be so much better. We would view it as unacceptable if the Bill said that the Attorney General would receive only basic statutory maternity rights, and yet fundamentally that will be the case for millions of people.
Hon. Members have touched on MPs’ staff and IPSA contracts, where I also have concerns. Many MPs employ staff who have worked for other MPs, especially after the churn of an election—indeed, I did that in January 2020—but to qualify for full maternity pay on an IPSA contract, a staff member needs to have worked for over a year. If staff members change MP, even if they have worked for a long time in Parliament, they effectively start a new employment and are penalised as a result. Although, like the hon. Member for Walthamstow, I was pleased to see in my mailbox this morning correspondence from IPSA on this issue, it was specifically related to MPs. I urge IPSA to consider MPs’ staff as part of the review. My first 15 months have certainly taught me that having excellent staff and supporting them is critical to success in this place.
I want to reflect on the work I have done with 50:50 Parliament since my election. I have spoken at a number of its events—obviously enabled by being online during the pandemic—and the common theme in the questions that come from women interested in or considering standing either in this place, at local authority level or, indeed, at the Senedd or at Holyrood are around how to manage family time and find a work-life balance, and having children as part of that. I continue to urge the Paymaster General to regard this Bill as a first legislative step. We have a real opportunity to send out a strong, positive message about diversity in this place, but someone who has served as a Cabinet Minister for less than a year is to receive full maternity pay. As I say, that is right, but we have an issue to address when a staff member who might have worked in Parliament for years would receive only statutory pay.
It is now a month before the Attorney General’s maternity leave, and it is worrying that the Government have only now realised that this is an issue. Obviously, the business changed last week to allow us to debate the Bill today. That tells me that equalities are not at the heart of the Government’s thinking. I always think about an inclusion lens: everything that we consider in this place should be looked at in the light of inclusion and therefore we will see the issues before they are pointed out to us latterly.
Stella Creasy
I agree with what the hon. Member is saying. Does she agree that it is concerning that normally an equalities impact assessment would be produced as standard and yet we do not see that because this legislation is being pushed through Parliament at short notice? We are all aware that the Government have had a deadline to work to, but they will have known of that deadline for some months, so there could have been time to do some of the work we are asking for in the amendment, with our better understanding the consequences of the legislation as a result.
Wendy Chamberlain
I entirely agree. Indeed, earlier I joked that this legislation brings us not into the 21st century, but into the 1990s. When I was a police officer, doing equality impact assessments, whether for operations we were carrying out or for anything else that was planned, was very much part of that. So it is disappointing that we are not seeing that in this place.
That lack of focus on equalities has become apparent over the past year, during the pandemic, and it is really disappointing. The hon. Member for Glasgow North mentioned my Liberal Democrat colleague Jo Swinson, who worked not only on parental leave but on gender pay gap reporting, which was one of the first business requirements to be jettisoned during the pandemic, and as yet there are no plans for its return.
When we watch the frequent Downing Street press conferences, it is usually a man we see at the lectern. These are potentially disappointing messages that the Government are sending out. In contrast, the pandemic has had a disproportionate impact on women, and I note the recent findings of the Women and Equalities Committee in that regard. Again, the hon. Member for Walthamstow spoke powerfully about this earlier. I, too, commend the work of Pregnant Then Screwed and wish them success in their case, but obviously I am saddened that it has got to that stage.
The Government talk a lot about levelling up, but clearly there is work to be done to get their own house in order when it comes to gender equality, both internally and in relation to the impact of their policies across the country. That is why I was very happy to co-sign new clause 1, tabled by the hon. Member for Walthamstow, which calls for that equalities impact assessment for this legislation, as she described so eloquently.
There has been progress over the past 10 years. Thanks to the efforts of Jo Swinson, we now have shared parental leave, which has been an incredible success, and I know that many people across the country have taken up that opportunity. I know that more businesses and organisations have been improving the amount of fully paid maternity leave on offer, going beyond the statutory levels. That was the case with my previous employer, and indeed in the police service. However, it is very important that, as we consider the Bill, we think about how we can move forward, particularly in relation to covid. Given covid’s impact on businesses, with business margins tight, there is a concern that one of the first things to go will be provision that is above statutory levels. I am very concerned about that. Having had 10 years of progress, we cannot afford to have a lost decade when things go backwards as a result of covid. I therefore urge the Government to carry out an impact assessment on this issue. I hope the Paymaster General will address that point later.
To conclude, the aims of this legislation are very welcome but there is much more to be done. I hope that today’s debate will be the beginning of a conversation on how we modernise parental leave laws, how we encourage business to engage with that, how we recognise family life in 21st-century UK, and how we ensure that the legacy of covid is one of more flexible leave entitlements, rather than a reversion to statutory limits. Ultimately, however, the sadness of today is the Government’s failure to address the issue sooner. Perhaps they could have done that by carrying out an equalities impact assessment sooner. Sadly, that means we are talking today about one woman and the specifics of her case, and that should never have happened.
Mr Holden
It is a pleasure to follow North East Fife’s super gran, and to reflect on the views of the hon. Member for Walthamstow (Stella Creasy) and my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory) that there will be no equality until fathers are able to step up. I will move on to speak about that a little later. My hon. Friend the Member for Thurrock (Jackie Doyle-Price) has dealt with her amendment sensibly and I have a huge amount of sympathy with the points she has made, so I hope that it will be properly addressed by the Minister.
I want to say a little about the equalities impact assessment proposed in new clause 1, because it has raised broader issues about paternity leave, adoption leave and shared parental leave. It is clear from today’s debate that fathers have been a bit of an afterthought. A report published by the Chartered Institute of Personnel and Development in December 2020 found that 73% of men feel stigmatised over taking just the two weeks of paternity leave, never mind any longer, and 95% of men said that their workplace culture prevents them from taking extended paternity leave and that really needs to change. In fact, a report by Her Majesty’s Revenue and Customs has found that the proportion of fathers taking paternity leave actually fell between 2018 and 2019, from 32% to 31%, and that just 1% of parents take shared parental leave, according to the most recent figures available.
We have a huge leadership role to play here. The Minister indicated on Second Reading that this issue will be rectified later, and I look forward to her re-emphasising that commitment shortly, because at this important stage, messages from the Dispatch Box are necessary to show all of us that fathers are important, and that equality for mothers and fathers will not be achieved until we allow them to step up.
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.
The Chairman of Ways and Means (Dame Eleanor Laing)
Lest there be a lack of clarity, let me explain that although the hon. Member for East Renfrewshire (Kirsten Oswald), who moved amendment 3, is not here in the Chamber—and, therefore, if her voice were to call “Aye” obviously it could not be heard here in the Chamber—I am satisfied that she is well represented by her party’s Chief Whip, the hon. Member for Glasgow North (Patrick Grady), who audibly did not call “Aye”. The hon. Lady had also previously informed me that, had there been time, it had been her intentionf to withdraw amendment 3, as she was satisfied that the matter had been fully discussed and that was her intention in tabling the amendment.
The Chair then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Order, this day).
Clauses 1 to 7 ordered to stand part of the Bill.
The Deputy Speaker resumed the Chair.
Bill reported, without amendment (Standing Order No. 83D(6)).
Bill read the Third time and passed.
Mr William Wragg (Hazel Grove) (Con)
On a point of order, Madam Deputy Speaker. My apologies for not giving you specific notice of this point of order. We were of the view that the Prime Minister would be coming to the House on 22 February to make a statement on the roadmap out of lockdown. Various Secretaries of State have intimated that that is now the week commencing 22 February. With the two-week notice period required to allow schools to open, that would be pushing it towards Easter. I wonder whether you had had notice from the Prime Minister as to when he will make that statement.
Madam Deputy Speaker (Dame Eleanor Laing)
I thank the hon. Gentleman for his point of order. As he and the House know, it is not a matter for the Chair and it is not a matter for me when the Prime Minister comes to the House to make any particular announcement. The Leader of the House indicated that there would be a debate on Monday 22 February about covid matters. At present, that is the timetable set out for proceedings of the House, but of course it is up to the Government either to stick to that timetable or to change it as they will. I am sure that if any change is made, proper notice will be given.