Ministerial and other Maternity Allowances Bill

Lord Hain Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 22nd February 2021 Lords Chamber

[Lord Hain (Lab) [V]]

My Lords, I am sure that we all wish Suella Braverman well in her forthcoming maternity leave, and this Bill is welcome. It is notable for both ensuring her income is fully protected, and for the actual cover it gives her, meaning that she can devote herself to caring for her child without worrying about being on demand 24/7, as is required for the post of Attorney-General.

The Bill is also a big improvement on the predicament faced by my Government colleague Yvette Cooper when she was a Minister, as she explained in the Commons on Second Reading:

“When I needed to take maternity leave as the Minister for Public Health in 2001, I asked the Health Secretary what I should do. He did not know, and said, ‘Ask the Prime Minister.’ He did not know, and said, ‘Ask the Cabinet Secretary.’ He had absolutely no idea, and as Ministers are Crown appointments, he said it was really a matter for the Queen, but nobody thought we should be asking Her Majesty”.—[Official Report, Commons, 11/2/21; col. 552.]


The fundamental problem is that the Bill benefits only a tiny number of women at a time when life is more difficult for mothers with babies than at any time in modern history. I wish to ask a series of questions, for which I would be grateful to have a reply from the Minister.

Does this Bill mean that maternity leave is merely a perk granted by an employer if only this legislation is passed? Thousands of women right across the country are having to leave work to care for a child. Stella Creasy MP has pointed out that during the pandemic,

“one in four women who are pregnant or a new mum have said that they have faced discrimination, and that they are losing their jobs or being furloughed”.—[Official Report, Commons, 11/2/21; col. 542.]

Surely this Bill effectively establishes a two-tier system for maternity leave. Where does it leave women MPs of childbearing age? Why does it not extend to them, or, for that matter, to all staff in this Parliament, as other speakers have said? Where does it leave women who are self-employed and who take maternity leave, some of whom have had to take the Government to court to resolve the injustice of the predicament they face? Where does it leave fathers over paternity leave, especially those partnered by women who wish to return to work straight after childbirth?

Surely we need a Bill to give at least every woman in the Palace of Westminster, if not in the country, the same rights that this Bill is giving to the Attorney-General. That being the case, can the Minister indicate whether any advice has been given about whether, once this Bill is enacted, the Government could be vulnerable to judicial review for not granting the same right more widely? As the former Conservative Cabinet Minister, Maria Miller MP, argued during the Commons Second Reading

“being forced to leave a job for being pregnant is exactly what happens to thousands of pregnant women. In righting this wrong for Government Ministers, will the Paymaster General also undertake to right it for women throughout our country? Codifying the protection of a pregnant woman’s job is exactly what thousands of women need now. The people we represent want to know that Ministers are being treated no differently from them. Routinely identifying pregnant women for redundancy is too familiar a problem … We cannot ignore the fact that for thousands, current legislation provides protection only in theory but not in practice.”—[Official Report, Commons, 11/2/21; col. 544.]

That, in a nutshell, coming from a senior Conservative supporter of this Government, is exactly the issue that I ask the Minister to address in his response.