Ministerial and other Maternity Allowances Bill

Baroness Fox of Buckley Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Thursday 25th February 2021 Lords Chamber

[Lord Morris of Aberavon (Lab) [V]]

My Lords, it is right both that we get the wording in legislation right and that no offence is caused. The problem is that what was acceptable yesterday is not necessarily acceptable today. I very much welcome the helpful stance taken so early in the debate by the noble Lord, Lord True, on behalf of the Government, and I hope that will relieve anxiety.

I once caused offence to a colleague in your Lordships’ House in a short intervention because I used the word “man” on two occasions and she forgot that I had used “persons” on three occasions in the same speech. It was a no-win situation. A distinguished law professor at my first university, long before my time, used to say that according to the Interpretation Act 1889, the word “man” embraced “woman”. I have not looked that up and I do not know how relevant it would be today.

What is important, as the Minister said at Second Reading, is that the Labour Government in 2007 and successive Governments have sought to avoid gender-specific pronouns and usages in drafting legislation. I do not think we should overthrow that legislation. I hope the Minister has met the concerns expressed by the mover of the first amendment. The Committee will not mind my reminding it that when there is a departure from the traditional wording by parliamentary draftsmen, the courts are minded to probe deeply into the possibility of different meanings. Taking on board the observations of the Minister, I venture to advise the Committee of the dangers of departing from traditional drafting. Concern about any particular word or words should be looked at, not in this Bill but rather in a review of drafting practice more generally. That is the right place to ensure that we keep our drafting up to date.

I add that, further to the Minister’s speech at Second Reading, when I introduced the Law Officers Bill in the other place in 1997 there was no restriction whatever on the ability of the Solicitor-General to exercise all the functions of the Attorney-General. He may want to reconsider his remarks to remove any dubiety.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, like others, I would have preferred the unapologetic word “woman” to “mother”, but I warmly commend the Government for listening and especially the noble Lord, Lord True, on his patience in talking to some of us. I am delighted to take this as a win.

As we have heard from colleagues, the most gratifying part of all this has been about opening up a broader debate. Second Reading opened a Pandora’s box. As others have said, our inboxes have been bursting with relief and gratitude that the debate happened at all. People who usually sneer at the House of Lords—a lot of my colleagues are not keen on this place—were cheering, which was disconcerting. The noble Lord, Lord Hunt of Kings Heath, and the noble Baroness, Lady Noakes, are now considered national heroes, let me tell you; I am expecting statues to be put up soon. I personally commend the noble Baroness, Lady Nicholson, for showing real leadership on this question.

However, we should be careful about too many congratulations because the truth is that we are in a privileged place. In this House, at least, we cannot be cancelled for raising the issue. It might be an affront to democratic accountability that we are here for life, but I am delighted that we have used that wiggle room to say something that has become unsayable. How extraordinary and sad that saying that women give birth is so contentious, and that we are told we are brave for saying it. I feel a bit queasy when people say they commend our courage for speaking out, because we are safe here. We are not facing the kind of threats that Professor Selina Todd, a history professor at Oxford University, has when she needs security to give her lectures because she is gender-critical.

All those emails that we receive show just how frightened people are to speak out. Mostly it is not physical fear but fear that they will be dubbed bigots because they are progressive people—and who wants that? They are frightened that their defence of sex-specific services and the use of sex-specific language will see them closed down. I disagree with the noble Lord, Lord Wallace of Saltaire, when he says that free speech is not under threat. I think it really is.

The noble Baroness, Lady Barker, in some ways associated those of us making these arguments with deploying the same tactics as those who campaigned against immigrants or lesbian and gay rights in the past. That itself becomes a form of demonisation, which has a chilling effect, but I reassure the noble Baroness that this is not an argument for bigotry; it is for women’s rights. She fears that this is stating that trans people are a threat to women, but that is not what I am trying to do at all. What is a threat to women is a particular brand of trans identity ideology. That does threaten women, but that is not the same as trans people.

There is a shocking consequence for service provision that I want to mention. I have spent hours in this House discussing the Domestic Abuse Bill and will carry on doing so. However, as we have heard from the noble Lord, Lord Hunt of Kings Heath, it is not only free speech that is under attack but services as well. This week, three specialist domestic abuse agencies lost funding due to local government gender-neutral policies and language. The fate of RISE, a mostly women-only refuge and domestic abuse service in Brighton, means that they have lost £5 million in contract work and will likely have to close, after council chiefs set up a tender intentionally non-gendered so that any women-only organisation would fall short of the new demands. When I expressed shock at this, I was told that I was anti-trans women, which I am not.