National Carers Strategy
Baroness Lister of Burtersett Excerpts(2 days, 17 hours ago)
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Baroness Merron (Lab)
I understand the point that the noble Baroness is making. Certainly we recognise that overpayments have caused people great anxiety. That is why it is important to review the circumstances independently, so we can find out exactly what went wrong and make things right, so it does not happen again. The main message I would give is to urge anyone in receipt of carer’s allowance to inform the DWP of any change in their circumstances in respect of the earnings limit, so that overpayments can be avoided. But we are seeking to work constructively to ensure that this is not an ongoing problem.
Baroness Lister of Burtersett (Lab)
My Lords, a key element of any carer’s strategy, or non-strategy, must be to make it easier for carers to combine caring with paid work. As well as long-overdue reform of carer’s allowance, there is wide agreement that carer’s leave needs to be paid if it is to be effective. Will the Government therefore consider introducing it, at least in principle, as part of the Employment Rights Bill, rather than leaving it to a review?
Baroness Merron (Lab)
The Government are committed to reviewing the implementation of carer’s leave—and also examining the benefits of introducing paid carer’s leave. As my noble friend said, the Employment Rights Bill includes provisions that will support all employees to support a better work/life balance by making flexible working the default, unless it is not reasonably feasible. That gives us an opportunity to make a particular difference for those combining work with unpaid care. Certainly, we are looking at the benefits of introducing paid carer’s leave, and I look forward to updating your Lordships’ House.
Black and Minority Ethnic Babies: Mortality Rates
Baroness Lister of Burtersett Excerpts(1 year ago)
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Lord Markham (Con)
I have specifically investigated infant mortality rates. If you look at it, you see the increase is in pre-24-week term cases. Post 24 weeks, the number of cases has remained stable, the data has shown. I have been trying to drill down to understand why it happens within less than 24 weeks. Clearly, more work needs to be done. We are also changing the way this is being measured. We are looking for more indications of whether there are early signs of life, and if there are no early signs of life, that is not recorded as a death. Now there is a lot more investigation to understand those early signs of life, so the change in measurement could be increasing the numbers. I am happy to go into more detail on that.
Baroness Lister of Burtersett (Lab)
My Lords, further to the question from my noble friend Lady Chakrabarti, the recent Joseph Rowntree Foundation report on destitution found that minority ethnic groups are disproportionately affected by destitution. What steps are the Government taking directly to reduce destitution among this group?
Lord Markham (Con)
Again, noble Lords will know that housing, to my mind, is key to so much of that, and the whole building programmes and the million extra houses are a key part of that. If you look into health across the board, you see that the homeless, for instance, use and need A&E services more than ever. Clearly, it is a root cause we need to tackle.
Vaccinations
Baroness Lister of Burtersett Excerpts(2 years, 5 months ago)
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Lord Kamall (Con)
This year, what the officials call the “delivery model” is likely to be broadly similar to previous rollouts, with a similar mix of vaccination sites—mass vaccination centres, GP surgeries, pharmacies, hospital hubs, pop-ups et cetera—as well as NHS services. NHS England and NHS Improvement try to emphasise co-administration of Covid-19 vaccines with flu vaccines and other vaccines. At the same time, NHS England, NHS Improvement and MHRA are looking at current guidance to see how we can ensure that we encourage this more.
Baroness Lister of Burtersett (Lab)
My Lords, my understanding is that uptake of the Covid vaccine has been much lower among some of the most marginalised communities, reflecting that hesitancy to which the Minister referred. In part, it would appear that this is because of a lack of trust in state institutions. I very much welcome what he said about the deployment of other agencies, but what are the Government doing to build that trust for the future?
Lord Kamall (Con)
Indeed, this is a really important point: the essential issue must be trust. As politicians in Westminster or officials in Whitehall, we must all have enough humility to recognise that we may not be able to cut through that. We have been looking at working with a number of different people in those communities and working out what the best message and channels will be. For example, we have spoken to faith leaders in some places. Even though some people may not be of a certain faith—they may be agonistic or atheist—they still respect faith leaders. In other places, we are looking at where people who are vaccine-hesitant go, and whether we can get the message—or even the vaccines—across to them.
Public Health: Night-time Working
Baroness Lister of Burtersett Excerpts(2 years, 10 months ago)
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Lord Kamall (Con)
The Government commissioned a review of sleep and health from the former Public Health England for 2020-21. That reported just before Christmas and is now being considered by Ministers and other officials. We are hoping that the Office for Health Improvement and Disparities will publish the findings in 2022. The review looked at a number of different things, including trends over time, optimal levels of sleep, links between mental and physical health, the economic impact and factors that hinder interventions to promote sleep. As the noble Lord rightly says, there is research out there about how workers can experience gastrointestinal disturbance and sleeping disorders and the possible association with breast cancer, cardiovascular disease and diabetes. All that will come out in the review, I hope.
Baroness Lister of Burtersett (Lab)
My Lords, does not the evidence about the poor conditions experienced by night workers underline the need for stronger employment rights for those in the so-called gig economy, in which many night workers work? When, therefore, will the Government finally publish their long-promised employment Bill?
Lord Kamall (Con)
The noble Baroness makes an important point. Indeed, the article the noble Baroness, Lady Bennett, sent me talked about the impact on delivery drivers of not being allowed to rest or take shelter in restaurants and takeaways—being sent away and not having access to bathrooms and other facilities. The Government are looking at getting the balance right on this, in terms of flexibility, because some people value zero-hours contracts as long as they are not exclusive and they can work around them. We are looking at the various categories of workers. Because this is employment, I have been trying to get more answers; I apologise that I do not have all of them, but I will write to the noble Baroness.
Covid-19: Poverty
Baroness Lister of Burtersett Excerpts(3 years, 5 months ago)
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Lord Bethell (Con)
My Lords, I can certainly speak for the inequalities we have in health. The right reverend Prelate is entirely right—Covid has been a real reminder of the impact of deprivation and inequality on the population. Those who are disabled are two-and-a-half times more likely to have had some form of life issue with Covid. In terms of deprivation, mortality in the most-deprived neighbourhoods was more than double the rate than in less-deprived neighbourhoods. Those facts are chilling. They are a wake-up call, and we will be working through our levelling-up agenda.
Baroness Lister of Burtersett (Lab)
My Lords, as the latest Marmot review made clear, damaging and heartbreaking levels of inequality and poverty, especially child and family poverty, weakened our resilience in the face of Covid. Apart from getting people into paid work, which increasingly is failing to protect from poverty, what is the Government’s anti-poverty strategy?
Lord Bethell (Con)
My Lords, I can speak for the health dimension. I should emphasise the work of the office for health promotion. Under the Chief Medical Officer, the OHP will deliver proactive, predictive and personalised preventive strategies. We believe that there is a huge opportunity off the back of Covid to really change the health inequalities of the country, and that is what the OHP will be devoted to doing.
Covid-19: Self-isolation Payment Scheme
Baroness Lister of Burtersett Excerpts(4 years, 2 months ago)
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Lord Bethell (Con)
My Lords, the reality of the epidemic is that it targets some communities in specific areas with laser-like focus. The feedback from some of those communities, local authorities and community leaders is that support is needed in some areas where there has been a local lockdown. We have responded to those suggestions and put this financial support in place for specific communities in specific areas. In that, we are responding to local suggestions.
Baroness Lister of Burtersett (Lab) [V]
My Lords, can the Minister explain the evidence base for the decision that £13 a day would be sufficient to persuade low-paid workers to forgo their earnings and self-isolate?
Lord Bethell (Con)
My Lords, I am not sure that I heard all the question. Can I just explain that those who are isolated for 10 days will receive £130? Other eligible members of their household who have been self-isolating will also be entitled to a payment. Eligible non-household contacts instructed to stay at home and to self-isolate will also be entitled to a payment of up to £182.
Adult Social Care
Baroness Lister of Burtersett Excerpts(8 years ago)
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Lord Prior of Brampton
My Lords, I know that the noble Lord is very keen on an independent commission, and he knows my views on that. I do not think we need an independent commission to tell us that social care and health care must be more joined up and integrated; we all know that. We can do that through a major reorganisation from the centre—but we know what big reorganisations do to the health service: they stymie it for years—or we can work locally in the STP and local authority areas to try to drive this at local level, which I think is the right way forward.
Baroness Lister of Burtersett (Lab)
My Lords, an independent commission on care reported recently. It called for a national care service and for adequate investment in the social infrastructure of care now, not at the end of the Parliament, to give care equal status with the NHS and to prevent us going over the tipping point. The tipping point is here; we cannot wait until the end of the Parliament. Will the Minister and his colleagues take those recommendations seriously and urgently?
Lord Prior of Brampton
There is no question but that we all recognise the enormous pressures on social care. I cannot comment on what may or may not be in the autumn Statement, but I entirely recognise the pressures to which the noble Baroness draws our attention. As I said, the Government did not have resources available to put money into the NHS and social care at the same time at the beginning of this Parliament because we have to live in the real world, which is very financially constrained. As I said, an extra £1.5 billion is going into the better care fund and an extra £2 billion will be raised by the local authority precept by the end of this Parliament.
Dental Health: Children
Baroness Lister of Burtersett Excerpts(8 years, 5 months ago)
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Lord Prior of Brampton
My Lords, there is no question but that a low-sugar, healthy diet is good for people’s teeth. The noble Baroness will have to wait until we produce the children’s obesity strategy later in the summer, in which we will reveal the full strategy.
Baroness Lister of Burtersett (Lab)
My Lords, I am glad that the Minister focused on the question of social deprivation. What will the government strategy do about that?
Children and Families Bill
Baroness Lister of Burtersett Excerpts(10 years, 9 months ago)
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Lord Storey
My Lords, obviously we should be supporting any family in the situation described by the noble Baronesses, Lady Jones and Lady Meacher. The noble Baroness, Lady Meacher, rightly pointed to the support that can be received from the discretionary housing subsidy. What I do not understand is why, for example, in my local council in Liverpool, last year £337,000 of government discretionary housing payments were left unspent and returned. The sad thing is that, in every year since 2001-02, a large sum of money has been returned.
I do not understand why the Local Government Association is telling the noble Baroness, Lady Jones, that demand is outstripping provision when currently, after six months, Labour councils have spent only 29% of the allowance. In 2012-13, in England as a whole 37% of discretionary housing subsidy was left unspent. Should we not encourage those councils to use that money to do the same things that both noble Baronesses have suggested? If there is money available, it must be used for that. It is a disgrace, when children are in difficult situations—whether they need support because of physical handicap or whether they are in appalling conditions and need that support—to leave 37% of that money unspent across the whole of England.
Baroness Lister of Burtersett (Lab)
My Lords, as of August 2013, there were more than 235,000 children—nearly a quarter of a million children—living in households whose benefits have been cut because of the bedroom tax. We do not know how many children have had to move, disrupting their schooling—a point that has already been made—their friendships and the social networks which enable their parents to get by with childcare and other things. When I asked the Minister earlier today about the implications of this for the Government’s child poverty strategy, I did not get a direct answer. Inevitably, these families are being pushed further into poverty; there are no two ways about it.
There have been a number of reports in newspapers about the struggles that many families face trying to get by. I will not read all of them but simply read from the initial comments from the UN special rapporteur on adequate housing, who put the case very well. She said:
“The right to housing is not about a roof anywhere, at any cost, without any social ties. It is not about reshuffling people according to a snapshot of the number of bedrooms at a given night. It is about enabling environments for people to maintain their family and community bonds, their local schools, work places and health services allowing them to exercise all other rights, like education, work, food or health”.
She continued:
“Of the many testimonies I have heard, let me say that I have been deeply touched by persons with physical and mental disabilities who have felt targeted instead of protected; of the grandmothers who are carers of their children and grandchildren but are now feeling they are forced to move away from their life-long homes due to a spare bedroom or to run the risk of facing arrears; of the single parents who will not have space for their children when they come to visit; of the many people who are increasingly having to choose between food and paying the penalty. Those who are impacted by this policy were not necessarily the most vulnerable a few months ago, but they were on the margins, facing fragility and housing stress, with little extra income to respond to this situation and already barely coping with their expenses”.
The amendment will not solve the problem, but it will go some way to alleviate the problems that those families face. Families are really struggling as a result of this measure, and I hope that we can support the amendment to do something for some of those very vulnerable children.
Lord Martin of Springburn (CB)
My Lords, briefly, I agree with everything that has been said. There is often criticism in my native city of Glasgow that the housing estates are too big, but those of us who know those housing estates know that there are excellent communities within them. In fact, those of us who have lived in big cities think of them not as a big city but as a collection of villages and communities. Many of the housing estates that I know of and are excellent were built just after the war, when the soldiers came home from the forces. The families were regarded as big. I came from a family of five living in a tenement, and in those days that was a small family—there were families of eight or nine.
Noble Lords are right to say that there can be a big impact on children if they have to move away from the communities that they enjoy. Most of us have happy memories of the childhood communities we lived in and the support of the extended families who were there. We could end up taking young children out of their school, as has already been stated, and away from their community facilities into a strange area.
I go back to where I was raised in the city of Glasgow. If a family is in an underoccupied house, that can mean that the house has a garden and a back and front door, which is regarded as significant for a family. To go to the proper size of house that the Government suggest could mean that they are forced to take a tenement flat. It has a big impact on a young person to go from a house with a garden to a tenement flat.
When I have spoken to the Minister, he has been very courteous to me and told me that he will give me a reply on this matter, but he has always mentioned the waiting lists and how long they are. The implication is that, if you have a long waiting list, you will fill the vacant accommodation. That is not necessarily the case. Anyone who has been a constituency MP or a councillor will know that people will come to you to say, “I’ve been on the waiting list for 10 or 12 years”, but when you say, “I can get you a house tomorrow”, they say, “Oh, but I’m not taking a house in this area or that area; I want this particular area”. Those who are on the waiting list exercise a great element of choice.
I personally have no housing problem either in London or in Glasgow, but I dare say that, legally, there would be nothing to stop me going to the local housing association in Westminster and saying, “I want to put my name on the waiting list”. By the same token, I could do that in Glasgow. Being on a waiting list does not mean that the person on the list is in need. I do not think that the waiting list is necessarily the best measure to use when saying that we can solve the problems caused by people being forced out of their so-called underoccupied houses.
Children and Families Bill
Baroness Lister of Burtersett Excerpts(11 years ago)
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“(8) Regulations under section 75E may provide for the taking of leave under section 75E in a single period, or in non-consecutive periods, or in periods shorter than the period which constitutes, for the employee, a week’s leave.”
Baroness Lister of Burtersett (Lab)
My Lords, Amendment 266AA would introduce regulations to enable shared parental leave to be taken on a part-time basis, if desired, rather than in blocks of at least a week. I am grateful to Working Families for its assistance with this amendment, which has the support of a long list of organisations, and to the noble Viscount for meeting me and Adrienne Burgess of the Fatherhood Institute recently.
The amendment attempts to hold the Government to their original proposal in the Modern Workplaces consultation: that parents would be able to take the new form of leave in,
“smaller chunks or on a part-time basis”,
if their employer agreed. This was warmly welcomed by both family organisations and employers, yet the Bill reverts to a minimum period of a week at a time. There are many arguments in favour of part-time leave, which is a feature of many parental leave schemes elsewhere in Europe. It would help low-income parents who may not be able to afford full-week periods of leave for any length of time. The TUC points out this week that inadequate financial support for new parents impacts disproportionately on low-income families. Indeed, more flexible leave that could be used to complement part-time work was proposed in a Joseph Rowntree Foundation report on tackling in-work poverty published just last week.
It would allow for a smooth transition back to work, which could make it easier to settle children into childcare. It could encourage fathers, who might be reluctant to take a full-time block of leave, to take parental leave. In doing so, it could help usher in the change of culture of redefining early parenting as a joint responsibility that the Government keep talking about and that many of us want to see. I shall expand on this when I move Amendment 266B. It could provide parents with flexibility and could make it easier for employers. It is worth noting that, in a recent survey by the Family and Childcare Trust, flexible working was parents’ top priority for improving the quality of family life. This is just one aspect of flexible working, but it is an important one.
The Government have said that they are sympathetic to the idea but are concerned at the administrative complexity involved. They have suggested an extension of keeping-in-touch days as an alternative solution. While such an extension is welcome, it is not a substitute for part-time leave. Parents do not have to be paid for attending keeping-in-touch days, which are designed for a different purpose.
If the Government are genuinely open to the idea of part-time leave, surely it would make sense to make provision for it to be introduced at a later date by secondary legislation, once it has found a way through the administrative hurdles. I therefore hope that the Minister will be willing to take this away and give it further consideration. I cannot believe that where there is a political will there is no legislative and administrative way. If the Minister is not prepared to consider taking such regulation-making powers, I can only assume that there is no political will to inject this important element of flexibility into the parental leave scheme, despite the fact that flexibility lies at the heart of the scheme’s policy objectives as set out in the impact statement. I beg to move.
Baroness Tyler of Enfield
My Lords, to explain why I am sympathetic to this amendment, while I am supportive of what the Government are seeking to do through shared parental leave, which is absolutely right, the amendment raises two particularly important points. One is the position of parents on low incomes who will find it difficult to afford long periods of leave, particularly if they are working at less than the minimum wage. We know that the number of people working at, or even below, the minimum wage is significant.
Secondly, the amendment would allow that smooth transition back into work which may help children settle into childcare. From the work that I have done in other contexts around childcare, it is clear that it helps some children to be eased into childcare on a part-time basis, rather than going for a whole week’s worth. For those two reasons, I am particularly sympathetic and attracted to the amendment, although I cannot pretend to have been involved in all the detailed thinking around it.
Viscount Younger of Leckie
My Lords, the Government understand the intention behind the amendment and I am glad of the opportunity to have this short debate on the issue today. Before I respond to this specific amendment, I should like to take a moment to set out the rationale behind the introduction of shared parental leave and the importance of these changes for families. Bearing in mind the tenor of the comments made earlier by the noble Lord, Lord Stevenson, about brevity, I shall attempt to be brief.
The restrictions in the current maternity and paternity system are outdated and do not reflect the way in which modern families want to raise their children. They compel mothers to take the bulk of the time off and give fathers no choice but to stay at work in the early stages of their child’s life. This approach maintains the outdated perception that a mother’s place is in the home and a father’s place is at work. It is known to damage women’s career prospects, because employers expect young women to take large amounts of time out of the workplace to raise children. It can also mean that mothers feel unsupported in caring for a child, and fathers do not feel involved in their child’s upbringing.
It is right that mothers are able to take all the leave that they need to recover from birth and to bond with their new baby. However, they should be able to return to work without sacrificing the rest of their leave. This should be available to the family to use in whatever way they choose. For some families, this will mean that the father takes on the majority of the caring responsibilities very shortly after birth. For others, it will mean mixing periods of work with periods of leave to share childcare. This Bill will make this possible for the first time. The introduction of shared parental leave and pay aims to give families flexibility in how they share childcare when they have a baby. The current arrangements are rigid and inflexible, enabling only one parent to take leave at a time and allowing parents only to “take it in turns” to care for their child.
The changes introduced by the Bill will enable parents to take leave in blocks as small as one week and will remove the restriction on parents taking leave together. The Modern Workplaces consultation, which the Government published in May 2011, set out the Government’s ambition for leave to be taken in blocks of less than a week to allow parents to take leave on a part-time basis. Unfortunately, in this instance, this worthy ambition has not been possible. I will explain why.
The UK has one of the most flexible labour markets in the world. UK employment legislation gives employers and employees freedom to agree individual contracts between themselves, without restricting them to set working hours or working patterns. Shared parental leave is flexible. It will allow parents to choose how to share it between themselves and to take leave as an individual right, in discussion with their employer. This variation in working arrangements creates a difficulty when trying to allow shared parental leave and pay to be taken in part-week blocks.
Here, I disagree with the noble Lord, Lord Stevenson, over the mathematical calculations. One parent may have a standard working week of 37 hours a week, or 7.2 hours per day, and their partner may work 16 hours per week working two eight-hour days. Calculating the ratio of the weekly entitlement to shared parental pay that should be paid when an individual takes one day off would be complex for an employer. However, this is magnified when a parent decides to transfer their remaining part-week entitlement to their partner for them to use. It would be even harder for small businesses, without access to an HR resource, to administer. The Government are mindful that shared parental leave and pay will be an innovative system. To add into the new system the facility to take leave and pay in periods of less than a week risks creating significant additional costs and burdens for employers.
The Government instead propose to allow shared parental leave to be taken on a part-time basis, using a principle that is already well used and understood by employers. Under existing maternity leave provisions, mothers are able to return to work for 10 individual working days without ending their maternity leave or losing their entitlement to maternity pay for that week. These are called keep-in-touch, or KIT, days. The Government propose to give parents on shared parental leave additional keep-in-touch-style days to allow part-time working on shared parental leave without affecting entitlement to statutory shared parental pay. It is intended that these days will have a different name in the context of shared parental leave, which I hope addresses one of the points made by the noble Baroness, Lady Lister, because the intention for shared parental leave would be different from the intention for maternity leave. The name would reflect the fact that these days can be used to achieve a part-time working pattern or a staggered return from shared parental leave.
The Government are aware that some interested parties, such as the TUC, are concerned that there is no requirement on an employer to pay an employee more than their statutory payment when they are taking a keep-in-touch day. The Government will provide guidance to employers on how to use these provisions and will strongly encourage employers to pay an employee their full contractual rate if they work on a keep–in-touch day.
The Government believe that it is important to maintain the flexibility in keep-in-touch days to allow parents to return to the workplace for short visits. The Government do not wish to discourage these sorts of visits by forcing an employer to pay an employee’s contractual rate. However, where an employee is undertaking work, it is appropriate that that employee is paid accordingly. Keep-in-touch days are entirely discretionary for both an employee and employer to use. An employer cannot insist that an employee uses a keep-in-touch day and an employee cannot insist that their employer allows them to work part-time by using a keep-in-touch day.
As I have mentioned, shared parental leave and pay is an innovative system and will need time to bed down. It is right that proposals for leave and pay to be taken in periods of less than a week should be considered alongside any review of the shared parental leave system. The noble Baroness, Lady Lister, asked why we do not take powers in the Bill to allow shared parental leave to be taken on a part-time basis, to be set out, in effect, in regulation. The Government are sympathetic to this proposal but without a clear policy to enable the shared parental leave to be taken part-time, regulations cannot be designed at this time. My department has explored this fully and will continue to consider it as part of the review of shared parental leave.
I hope that reassures the noble Baroness that the Government share her ambition and I ask her to withdraw her amendment.
Baroness Lister of Burtersett
My Lords, I am very grateful to the noble Baroness, Lady Tyler, and my noble friend Lord Stevenson for their support for this amendment. The noble Baroness’s own experience is extremely important in terms of easing children back into childcare.
I will say more about this when I speak to my next amendment but I very much share the Government’s philosophy, as set out by the Minister, on shared parental leave. That is why I am so disappointed that they are not willing to go that little bit further.
I can see that there are administrative difficulties; I am not convinced that they cannot be sorted out. I am slightly encouraged by what the Minister said about changing the name of the keep-in-touch days and sending out guidance to employers about payment. I do not know whether the Minister has any figures now—perhaps he could let me know—on what proportion of such days are paid at present. It would be quite helpful to know that, perhaps before Report, in case we want to come back to this matter.
No one is asking for these regulations to be drafted now. Quite often a Bill will go through and regulations are not drafted for some time afterwards. Would it not be easier to put them in the Bill now? Even if nothing is done until the review takes place, at least they are there without having to legislate again, if by that time it becomes clear that part-time leave is really necessary for the shared parental leave provisions to fulfil the goals that we share with the Government. I hope that the Minister might be willing to think again about that. We are not asking for those regulations to be laid now, simply that the framework is there to enable flexibility in the future. On that basis, I withdraw the amendment.
“Rights to father quota of leave
(1) In Part 8 of the Employment Rights Act 1996, after section 80E insert—
“80EA Entitlement to father quota
(1) The Secretary of State may make regulations entitling an employee who satisfies specified conditions as to the relationship with a child or expected child or with the child’s mother to be absent from work on leave under this subsection for the purpose of caring for the child.
(2) Regulations under subsection (1) shall provide that such leave shall be taken before the end of a period of 56 weeks beginning with the date of the child’s birth.
(3) Provision under subsection (1) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least four weeks’ leave.”
(2) In the Social Security Contributions and Benefits Act 1992, after section 171ZT insert—
“171ZTA Entitlement to father quota
(1) Regulations shall provide that where an employee is entitled to a father quota of leave under section 75E of the Employment Rights Act 1996, the employee is to be entitled to payments known as “father quota pay”.
(2) Father quota pay under subsection (1) shall be at the earnings related weekly rate of 90 per cent of the employee’s average earnings for the first six weeks in respect of which it is payable, followed by a fixed weekly rate thereafter which shall not be less than the weekly rate of the full time national minimum wage in respect of the remaining portion of the father quota pay period.””
Baroness Lister of Burtersett
My Lords, Amendments 266B and 266CA concern the father’s entitlement to and use of parental leave. Amendment 266B paves the way, again by means of secondary legislation, for a father quota. Such a quota would provide a father with an independent right to at least four weeks’ parental leave at 90% of his earnings for up to six weeks.
This is a probing amendment designed to air the issues, so I do not propose that we go into the precise wording. I am grateful to the Fatherhood Institute and Working Families for their support on the amendment, which also has the support of a long list of other organisations, and to the noble Viscount for engaging so constructively both in writing and in person. Lastly, I am grateful to the noble Baroness, Lady Young of Hornsey, for adding her name to the amendment, but she apologises that she cannot be here today for family reasons.
In my academic work on women’s citizenship in the broad sense of the term, I have concluded that women will achieve genuine equality in the public sphere of the labour market and the polis only when men play a greater role in the private domestic sphere of the home. To take one example, unequal sharing of caring work between the sexes has been identified as the largest single driver of the gender pay gap. Shifting what is called in academic jargon the “gender division of labour” is therefore critical to gender equality. As my noble friend Lord Touhig has just pointed out, we still have a long way to go.
From the perspective of children, the Minister acknowledged in his letter to me the important role that fathers have to play in childcare and the beneficial impact of their involvement in the early stages of their child’s life. Indeed, he has reiterated the point today. There is no disagreement between us on the end goal of enabling and encouraging fathers to be more closely involved in the care of their children, be that from the perspective of gender equality or the best interests of the child—or, as the Joseph Rowntree Foundation report that I mentioned argued, tackling in-work poverty among families with children.
The cross-national evidence suggests that a key policy lever to achieve this goal is to preserve a period of adequately paid parental leave for fathers on a “use it or lose it” basis. A European Commission document on the role of men in gender equality states that,
“the ‘nordic’ model of parental leave (‘father quota’) has been adapted and implemented with growing success”,
and recommends its adoption across the Union. Even Germany, which hung on to a male breadwinner model longer than many other European countries, has gone down this path and, like a number of other countries, has added a bonus to the overall length of paid leave if the father takes a specified period. The UK is in danger of becoming a European laggard when it comes to a forward-looking parental leave policy.
The coalition Government’s Modern Workplaces consultation placed great emphasis on the value of shared parenting and proposed just such a scheme as a means of encouraging fathers to play a more active role in their children’s upbringing. It observed that,
“international evidence suggests that fathers’ usage of parental leave is higher under schemes that offer them targeted or reserved leave as opposed to just making shared leave available to the father”.
In Iceland and Norway, fathers using parental leave increased from tiny proportions to 80% and 90% respectively following the introduction of reserved leave. Iceland is particularly interesting because it provides for three months each for the mother and the father and three months to be shared between them as they wish, and it has just been agreed unanimously to move to a five-plus-five-plus-two model because it has been so successful. The average number of days of leave taken by fathers more than doubled between 2001 and 2008 as a result. According to the World Economic Forum, Iceland now ranks first in the world for gender equality.
More generally, the latest issue of the International Review of Leave Policies and Related Research conducted by the International Network on Leave Policies and Research concludes that it is striking that fathers’ use of leave responds to policy changes. There is also evidence to suggest that the more the father is involved when the child is very young, the more involved he is likely to be as the child grows older, to the benefit of fathers, mothers and children. Of course, as the Fatherhood Institute concedes, it is not possible to prove a causal relationship, but it suggests that the association is strong and consistent.
Viscount Younger of Leckie
My Lords, I welcome this debate because it is important to ensure that the changes made by the Bill provide the right framework for modern families and workplaces. I commend the noble Baroness, Lady Lister, on the tremendous work she has done in the field of gender equality, and I know that she speaks from a position of great experience when debating these issues. As we are on the subject of gender equality, the noble Baroness raised the issue of the gender pay gap, quite rightly, through encouraging fathers’ involvement in home life. The Government agree that this is extremely important. That is why we are extending paternity pay powers in this Bill and will look to extend paternity leave and pay at a later date if we need to encourage fathers’ take-up, but I will be saying a little bit more about that later in my comments.
Greater paternal involvement brings enormous benefits to parents and children. Fathers who are engaged in caring for their children early on, as has been mentioned, are much more likely to remain involved as their child grows up. This involvement means that their children benefit from better peer relationships, lower criminality, fewer behavioural problems, higher self-esteem and higher educational attainment and occupational mobility. The Government are aware of the international evidence that demonstrates that fathers are more likely to take leave if it is reserved specifically for them and paid at a higher rate. The Government’s original ambition to extend leave reserved exclusively for fathers was set out in their Modern Workplaces consultation, which has already been pointed out. It consulted on the concept of a so-called “daddy month”, which would have reserved a portion of shared parental leave for fathers in a very similar way to the “father quota” leave entitlement proposed in this amendment.
Unfortunately at this time it is not possible to realise this ambition. The challenging economic circumstances have made such an extension simply unaffordable. Perhaps the noble Baroness, Lady Lister, will not be too surprised when I mirror what was stated in a response in the other place. Now is not the time to place additional burdens on businesses and the Exchequer and I realise that this immediate response will be disappointing to the noble Baroness.
The new system of shared parental leave will give families unprecedented choice about how to share the leave entitlement in the early stages of their child’s life. The Government hope that the flexibility and choice provided by the new system of shared parental leave will mean that fathers will take more time off to care for their children. The Government plan to review the decision on whether to extend paternity leave and pay by using information on the take-up of shared parental leave and pay from the series of surveys on maternity and paternity rights and work-life balance. If fathers are not taking up the new entitlement, the Government will look to extending paternity leave and pay to encourage more fathers to take leave.
The Government are taking powers in this Bill to allow for the extension of paternity pay which would enable the Government to extend paternity leave and pay at a later date through secondary legislation. I want to make that clear to the Committee. To maintain simplicity in the system, the Government consider it more appropriate to extend leave to fathers through an extension of paternity leave rather than introducing a new type of statutory leave which would be complicated to administer. Paternity leave is reserved exclusively for fathers and is already well established and understood by fathers and employers.
The noble Baroness, Lady Lister, mentioned an annual review. An annual review of this policy may not be possible or appropriate. The shared parental leave policy aims to encourage a long-term culture change in the UK to enable and encourage shared parenting in the early months after birth. Any assessment of the outcomes of the policy needs to understand how employee and employer attitudes, as well as behaviours, are changing. There needs to be flexibility in how this is monitored. The best source of information to understand employee attitudes is through surveys of employers and employees. This data take longer to collate to ensure that the survey includes individuals who have experienced shared parental leave. The Government believe that this is the most appropriate information to inform decisions about the effectiveness of the policy.
The noble Baroness, Lady Meacher, and other noble Lords in the Committee raised a very important issue about culture and the culture change that was necessary. I agree completely that culture change is what we need to see and the Government agree that it is essential. We will provide supporting guidance as soon as we can to help this change happen and to encourage employers and employees to embrace it. The extent to which the culture change we all seek has come about will be a critical part of the review of these reforms once they have had time to bed in.
The noble Baroness, Lady Lister, raised the issue of the father’s quota. If it would help, we will write to her with more details on that, in addition to the letter that I have written. The noble Lord, Lord Stevenson, asked why the level of take-up for fathers is estimated at between 2% and 8%. The impact assessment used figures from the maternity and paternity rights survey that I alluded to earlier in which fathers were asked whether they would like to take more time, if it was available. However, those are initial take-up estimates, and we hope that the culture change that I mentioned earlier will encourage a higher take-up in due course.
I hope that the noble Baroness, Lady Lister, and the noble Baroness, Lady Young of Hornsey, who is not in her place today, are assured by the commitments that we have made. The Government will review the take-up of shared parental leave by fathers and consider extending paternity leave and pay in due course, to encourage fathers to take shared parental leave. Finally, I can reassure the noble Baroness, Lady Lister, that if paternity leave and pay is extended at a later date, the period within which it can be taken will also be extended. However, I hope, in the mean time, that she will withdraw her amendment.
Baroness Lister of Burtersett
My Lords, I am very grateful to the noble Baronesses, Lady Tyler and Lady Meacher, for their support for this amendment. The noble Baroness, Lady Tyler, made a very important point about the workplace culture. The experience of some of the Nordic countries is that changing the workplace culture is crucial in encouraging fathers to take leave. There is a link between the right to parental leave and changing the culture, and I hope that the department will reflect further on that.
On the point made by the noble Baroness, Lady Meacher, it seems to me that if both parents were more involved in bringing up their children, it might keep them together. I am not sure whether there is any evidence to support that, but we know that conflicts about who does what in the home and so forth can contribute to breakdown. I am grateful to my noble friend Lord Stevenson for going as far as he was able to in the context, as I know he is sympathetic. I think we are all sympathetic, including the Minister. It is frustrating because I feel like the Minister made my case, in a sense, very eloquently, but then drew back from it by refusing to take that extra step.
I think I heard the Minister correctly and that he has made the commitment I asked for, which was that if paternity leave is extended, it can be taken later. The Minister is nodding his head, and it is very helpful to have that on the record. We now know that if paternity leave is extended at a future date, it could be taken—I hope he is saying—at any point during the parental leave period. That will reassure organisations outside that have been campaigning on this.
Unless this is what he proposes to write to me about, the Minister did not respond to my question about what plans the Government have to encourage fathers to take shared parental leave and whether he would give a commitment to consult on such plans and study what has been happening. There is a wealth of expertise—not so much mine but within this network—about what is happening in other countries. Again, I think the Minister is nodding his head, so perhaps I could put into the record that he is prepared to consult with the network of experts about how to achieve this culture change, even if we cannot go the full way in terms of having “daddy leave” in the legislation. The Minister has been nodding and not shaking his head in response to everything I have said. Does he want to say anything more?
Viscount Younger of Leckie
I will just confirm that, as part of the review, these issues will be looked at. It is extremely helpful to have the input and the views from the Nordic countries. I suspect that officials are already looking at that but it is helpful to be nudged in the right direction. We will certainly be looking at this in addition to the other aspects of the review.
Baroness Lister of Burtersett
My Lords, I thank the Minister, but we do not want to wait for the review in 2017-18 before steps are taken to try to achieve this culture change. The culture change needs to be achieved alongside the introduction of shared parental leave. Again, I hope that a commitment will be made to thinking now about how to make that change, rather than waiting for a formal review. Unless the Minister has anything else he wants to add on this point, I will withdraw the amendment.
Viscount Younger of Leckie
I rise only to say to the noble Baroness that I will be happy to continue these discussions with her. I stated earlier that I have not made a commitment to come back before 2018 and I would not want to do that today. Clearly, it is in everyone’s interests to make this work, and I have already said that we need more time than the noble Baroness has indicated in her remarks to ensure that the review comes through. However, we are happy to commit to consulting expert organisations both at home and abroad on how to achieve the culture change, which is something that I alluded to earlier.
Baroness Lister of Burtersett
I am grateful to the noble Viscount and for the constructive way in which he has engaged in this debate. On that basis, I beg leave to withdraw the amendment.
Baroness Massey of Darwen
My Lords, I support my noble friend Lady Drake’s Amendments 267A, 267B and 267C. I will say a word later on Amendment 267BA after my noble friend Lord Stevenson has spoken to his amendment. My noble friend Lady Drake has set out the principles of these amendments comprehensively and I just want to add a few comments.
When children first move into kinship care, the carers and the children need time to settle and adjust to the upheaval in their lives. I know a kinship carer who received three children at midnight because their daughter had died from a drug overdose. That is an upheaval beyond imagination. She said that the children were grieving, she was grieving and they had very little time to do it properly. Children often arrive without notice in these circumstances. For example, a parent may be in hospital or there may be domestic violence or abuse. The proposal is for a period of leave similar to parental leave.
An estimated 60,000 kinship carers have dropped out of the labour market to bring up children. There are many reasons for this, including the high needs of the children and the fact that the carers are not legally entitled to any time off to accommodate the needs of the child, especially at a time of upheaval when everybody is in crisis and needs time to settle down.
Amendment 267 seeks the extension of emergency leave entitlement to grandparents, to enable a grandparent to take reasonable time off work to provide help where a grandchild is ill or to deal with an unexpected event at school, for example a school closure due to poor weather. Some families would prefer a working grandparent to be able to take time off to provide childcare when a child is ill or a school is closed. I—and, I would guess, several people in this room—have certainly taken time off or given up time to look after grandchildren when there has been a crisis in the family.
The amendment seeks to help parents to balance work and their caring responsibilities, and to relieve the pressure on families when a child has a problem. Currently, one in four working families depend on grandparents to provide childcare. Some 70% of all working grandparents say that they look after their grandchildren and 29% of grandparents are working. The impact on employment overall should be minimal as the amendment will spread across different employers the impact of an employee’s absence due to a family emergency, such as a child’s illness, rather than one employer, typically the mother’s, experiencing the full impact.
I was interested that in Denmark, apparently, it is usual when a child is ill for the mother to take the first day off, the father the second and a grandparent the third, which seems very sensible. Again, I support the amendments and I look forward to the Minister’s response.
Baroness Lister of Burtersett
My Lords, I support Amendment 267B, particularly from the perspective of carers for adults, although, of course, I also support it with reference to carers for children. A Carers UK/YouGov poll found that 22% of UK adults had seen their paid work negatively affected as a result of caring, including 2.3 million who had given up work as a result and about 3 million who had reduced their working hours to care at some point in their lives.
Research has demonstrated that the point at which caring begins to have a significant impact on carers’ ability to work is when 20 hours a week or more is provided, with some analysis indicating that the tipping point may be even lower at 10 hours. Without the right support, millions of workers are leaving work to care and the cost of this to individuals, business and the economy is huge. Recently, research by the Personal Social Services Research Unit at the LSE calculated the public expenditure costs of carers leaving paid work at a staggering £1.3 billion a year, based on the cost of carer’s allowance and lost tax revenues. Additional analysis by Age UK indicates that the economic cost rises to £5.3 billion when lost earnings are taken into account. One quarter of working carers report that they feel they receive inadequate support to enable them to combine work and care and only half think that their employer is carer-friendly. The survey of carers found that nearly two-thirds of carers in work have used annual leave to care, while nearly half have done overtime to make up for taking time off to care.
The task and finish group set up by Employers for Carers and the Department of Health states in its final report that,
“the issue of supporting carers to remain in work is not only a problem, but also an economic opportunity. Supporting carers to remain in work can bring considerable benefits to carers themselves, employers and the wider economy”.
This is partly a government publication.
Baroness Lister of Burtersett
My Lords, I am pleased to have been able to add my name to the amendment moved by my noble friend and apologise for having jumped the gun on this issue on our 10th day in Committee. The Minister, in replying, said then:
“There is a strong framework of support already in place to support parent carers under the Children Act 1989 and in new provisions in Part 3 of the Bill”.—[Official Report, 11/11/13; col. GC 196.]
However, this is not how carers’ organisations see it. They are arguing for a stronger and more coherent right to an assessment on behalf of parent carers. My noble friend has made the case very well and I will not add much to that, but it is important that we take this opportunity to consolidate and clarify the law for parent carers alongside that of adult carers and young carers.
I find it strange that Mr Timpson in the Commons argued in a Written Answer to Paul Burstow:
“Amending the Children Act 1989 to assess the needs of parent-carers separately from children would risk the needs of the children becoming second to those of their parent”.—[Official Report, Commons, 11/11/13; col. 506W.]
I cannot see the logic of this argument, given the whole-family approach that the Government are quite rightly espousing—and my noble friend has disputed the argument. Could the Minister clarify why the Government believe that this would be the case? Why does it undermine the rights of the children to have a clearer right for their parents when the family is living as a family?
It is important to make sure that parent carers’ entitlement to assessment and support is better understood as well as strengthened. There seems to be confusion over this. Both the Minister’s response when we last discussed this briefly and the Government’s response to the Joint Committee on Human Rights referred only to the Children Act and not to the rights that exist in the carers legislation. The point has been made that we run the risk of burying this important entitlement under layers of law and a confusing web of guidance. It almost seems as if it is so deeply buried that the Government themselves are not totally aware of the nature of all these rights. This is an opportunity to clarify and to bring it into the new legislation so that it is not left behind in what my noble friend has called “rump legislation”. This is a vital opportunity that we really must not lose. I am glad that there is going to be a meeting and I hope that the Minister can clarify why there is this belief that the needs of children are being pitted against those of their parents. I hope that we can resolve this because it is not, in a sense, producing something completely new.