Ministerial and other Maternity Allowances Bill

(Limited Text - Ministerial Extracts only)

2nd reading & 2nd reading: House of Commons
Thursday 11th February 2021 Commons Chamber

[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.

[Jim Shannon (Strangford) (DUP)]

rose—

[Sir Edward Leigh (Gainsborough) (Con)]

rose—

[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.

--- Later in debate ---

[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.