Oral Answers to Questions

Angela Crawley Excerpts

Tuesday 29th November 2022 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

5. What recent assessment his Department has made of the potential impact of the increase in the energy price guarantee in April 2023 on households.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

15. What recent assessment his Department has made of the potential impact of the increase in the energy price guarantee in April 2023 on households.

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

16. What recent assessment his Department has made of the potential impact of the increase in the energy price guarantee in April 2023 on households.

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[Grant Shapps]

I just mentioned support for 8 million families that goes beyond just the £400 and the energy price guarantee. Those 8 million families will benefit from all manner of additional support—£1 billion for local authorities, additional money for people on various forms of universal credit, and money for pensioners—all of which is designed to help people through a crisis that the whole House should recognise has been brought on by Putin the dictator invading Ukraine.

[Angela Crawley]

Contrary to what the Secretary of State says, the consequences will be dire. The Institute of Health Equity indicates that the development of millions of children will be damaged, so will he commit to providing adequate support for vulnerable families so that no child suffers the diverse health impacts of fuel poverty this winter?

[Grant Shapps]

I have mentioned the 8 million homes, but perhaps it will help the hon. Lady if I point out the specific means-tested benefits which mean that those families will receive an extra payment of £650 on top of all the other assistance and help that I have outlined. This is an unprecedented situation. We have put billions of pounds of taxpayers’ money into supporting people. I hope the whole House will recognise that this Government have done everything within our power to assist.

Fertility Treatment and Employment Rights

Angela Crawley Excerpts

Tuesday 1st November 2022 Westminster Hall

[Angela Crawley (Lanark and Hamilton East) (SNP)]

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate the hon. Member for Cities of London and Westminster (Nickie Aiken) on securing this incredibly important debate, and on all her work in Parliament on the Fertility Treatment (Employment Rights) Bill. I wish her every success with its Second Reading. I welcome the Minister to her place, and I hope that we will continue to have fruitful discussions on many issues, including my Bill on miscarriage leave, which I will undoubtedly continue to lobby her on.

We have heard from many Members that this is being National Fertility Awareness Week, so I am grateful that we are having the debate. As always, the hon. Member for Strangford (Jim Shannon) passionately conveyed his constituents’ experiences. My right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) spoke of the importance of making changes to workplace cultures to reflect modern families and the different routes to parenthood.

As we have heard, there are currently around 3.5 million people in the UK who experience fertility treatment. They do so for several reasons, but the most common is infertility. However, an increasing number of same-sex couples are undergoing treatment to start their own families, and a growing number of individuals are opting to preserve their fertility. Sadly, although advances in assisted fertility have allowed many more families who are unable to conceive without assistance through donor sperm or egg donation to opt for treatment, such as IVF, intrauterine insemination or surrogacy, this issue continues to be shrouded in secrecy and carries an element of stigma. As we have heard, those who have that lived experience do not appear to have a voice in the process, meaning that millions of UK citizens face the prospect of fertility treatment alone and in silence, and there are no specific rights within UK law to protect those who need time off from work.

No doubt the Minister will give the same response—I hope she will not—to what I have raised on several occasions regarding my Bill, which would introduce paid miscarriage leave for couples experiencing pregnancy loss before 24 weeks, but I will take this opportunity to remind her that the introduction of an employment Bill would have addressed many of the issues relating to guaranteed rights for workers. It is unfair that any employee should have to take annual leave for medical-related appointments, or even to take time off for what is already an arduous process.

Fertility treatment is undoubtedly one of the most challenging experiences that a couple can undertake. It is precarious, unpredictable and uncertain. Trying to plan for hormone cycles, treatment and blood appointments —nothing can prepare someone for what they will go through and the time that they will need from their employer. It can change and be fairly unpredictable, which is why it is essential that we understand the emotional impact that infertility can have. It cannot be underestimated.

Fertility treatment can be both traumatic and emotionally draining. It can be arduous and long, and it can take months or years. For couples who continue to go through that process, it can result in many unsuccessful attempts. Until a person has gone through it themselves, they will never fully appreciate how challenging it is.

I want to end with the testimony from a couple who wrote to me:

“Our plan was to grow our family, we saved and planned for fertility treatment. We didn’t plan for a global pandemic, cancelled treatment cycles, we didn’t anticipate how long our treatment would take, but we knew there was a possibility it may not work.

Thankfully, after several failed embryo transfers, we are now beginning to feel the excitement of being 16 weeks pregnant. While the journey steam rolls ahead it’s hard to stop and reflect on the pains and heartaches along the way…It’s the surrendering control to that little soul when it decides to join us was nothing short of a lesson in patience and gratitude.”

The reality is that nothing can prepare people for fertility treatment. Will the Minister signal to those undergoing fertility treatment that she will commit to introducing statutory rights for workers going through fertility treatment? Will she commit to introducing an employment law Bill, which we have long awaited over successive Parliaments? It is high time that the Government took action to bring employment law up to date in this country, whether by introducing fertility and miscarriage leave or by enacting the Taylor review. I urge the Minister to act now and introduce leave for the many couples who need it.

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[The Minister for Science and Investment Security (Ms Nusrat Ghani)]

It is a pleasure to serve under your chairmanship, Sir Edward.

I am standing in today for the Under-Secretary of State for Business, Energy and Industrial Strategy, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), but I want to put it on the record that we work as a team within BEIS—it is absolutely spot-on that BEIS is responding to this debate today.

I congratulate my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) on securing this important debate about fertility treatment and employment rights. We have heard so many shocking stories about the impact that this invasive treatment has on women, couples and families. However, I will take a moment to say that we have probably all been a little bit complicit in this situation, have we not? So many of us will know girlfriends, family members or colleagues who wanted to keep this treatment a secret; we have kept it a secret for them, because they were anxious about the behaviour they may experience at work. It is so important to get this issue out into the open. I pay tribute to my hon. Friend: putting together the fertility workplace pledge will be a fantastic contribution during her career in Parliament, which has only just begun. I thank her so much for bringing this matter to the fore.

There have been a lot of discussions about the challenges of infertility treatment and the impact that it has on women and couples, and potentially on their employment as well. We know from the statistics that so many people are going through the treatment, so it is shocking that it is still a secret. In 2019, about 53,000 patients had 69,000 IVF cycles and 5,700 donor insemination cycles at licensed fertility clinics in the UK. Those are huge statistics. The fact that women and couples feel that they cannot talk about their treatment in case they are treated in an inappropriate fashion is shocking.

National Fertility Awareness Week, which is actually this week, is a superb event; it starts off with awareness of fertility fairness, awareness of fertility in the workplace and evolves into awareness of infertility. It is great to have heard some male contributions today. There is also fertility education and taught fertility, as well.

I pay tribute to everyone who has contributed today, including the hon. Members for Strangford (Jim Shannon) and for Upper Bann (Carla Lockhart), and my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes)—who would dare to challenge my right hon. Friend, the Chair of the Women and Equalities Committee? Additionally, I pay tribute to my hon. Friend the Member for Winchester (Steve Brine), who has a tremendous record on health issues; I am also a little bit anxious about responding to his point. Of course I also pay tribute to my hon. Friend the Member for Henley (John Howell), who always speaks so sensibly as well.

I will quickly go through some of the work that the Government are doing and hopefully respond to some of the questions that were put, too. There is no denying that IVF is one of the most invasive fertility treatments. I do not understand why anybody would compare it to a cosmetic procedure; that is just absurd. It is invasive, gruelling and stressful, and it can last for years. We all have girlfriends who have started the process; it takes many years and has a financial impact as well, so there is no denying that it is an incredibly difficult thing to do. Also, injecting is a private matter and many women want that private space to inject themselves as well.

What we are talking about today is the fact that women and couples just cannot come forward and explain that they are going through this treatment, because they are anxious about how they are going to be treated in the workplace. As has been mentioned, that is an absurd anomaly because we are struggling to fill jobs and we want skilled people, who are loyal and who understand the workplace, to remain in work.

Something is not quite right and we know that the situation has to change. The issue is cultural, because we want people to be able to come forward, present what they are going through and have the support that they need within the workplace. We obviously need a cultural change, which is why the pledge is so important. Sometimes it is quicker to get businesses to move than Government, so, once again, congratulations to my hon. Friend the Member for Cities of London and Westminster for putting that pledge in place.

I want to reflect on some of the work being done by the Government. We have the women’s health strategy, which looks at the system as a whole: educating society at large and looking at the role that the health sector, employers and individuals can play. This summer, the first Government led “Women’s Health Strategy for England” was published, and a woman’s health ambassador was appointed to drive system-level changes to close the gender health gap. The theme of the health and wellbeing fund 2022 to 2025 is women’s reproductive wellbeing in the workplace. The fund supports organisations to expand and develop projects that support women experiencing reproductive health issues to remain in, or return to, the workplace.

The Government also have an active agenda on work and health more widely. We want employers and employees to have better interactions about work and health. That is particularly important in tackling some of the perception issues around women’s health generally, and IVF specifically. The Government’s response to the “Health is Everyone’s Business” consultation was published in July 2021. It sets out some of the measures we will take to reduce health-related job losses; that was spoken about today and is obviously a major issue that needs to be addressed. “Health is Everyone’s Business” did not consult on infertility or any other specific conditions. It looked at system-level measures to support employers and employees to manage any health condition in the workplace.

There has been some conversation around the employment rights Bill, and why it was not in the Queen’s Speech. That was raised by the hon. Member for Lanark and Hamilton East (Angela Crawley) and my right hon. Friend the Member for Romsey and Southampton North. We are obviously disappointed that the Queen’s Speech did not include an employment Bill for the third Session of this Parliament, but some good things have come out recently that are cross party; I know that my colleague, the hon. Member for Ellesmere Port and Neston (Justin Madders), wanted to have a little pop at the Conservative party, but we work with Members across the House.

Numerous private Members’ Bills have been introduced on employment rights as a result of the PMB ballot. In particular, there has been the Neonatal Care (Leave and Pay) Bill, the Employment (Allocation of Tips) Bill, the Protection from Redundancy (Pregnancy and Family Leave) Bill, the Carer’s Leave Bill and the Employment Relations (Flexible Working) Bill.

Good work is being done through private Members’ Bills, even though we may not have the employment Bill that everybody is asking for in this debate. The private Member’s Bill of my hon. Friend the Member for Cities of London and Westminster will require employers to allow employees to take time off for appointments for fertility treatment, as she said. I know that the Minister responsible will engage with her intensely before the appropriate time is made available for the Bill to return to the House.

I am anxious that we do not put across too much of a negative story on existing rights and entitlements, because there is already some good stuff out there. Even though there is no overarching right to time off for medical appointments, there are a number of ways employees may be able to take time off to attend medical appointments, including for IVF. I do not want anyone listening to feel any more stressed than they already do, if they are considering or going through IVF.

Many employers are willing to agree informal flexible working arrangements on a short-term basis. An individual may be able to take annual leave, or agree general unpaid leave with their employer. Fundamentally, the pledge campaign that my hon. Friend has put in place will really challenge some employers who have an old-fashioned view. It would be a badge of honour for these firms to say, “We have this in place”, because it will not only attract new staff but retain the staff they currently have.

If an individual is unwell, they can take a period of sickness absence and may be entitled to statutory or occupational sick pay. We cannot legislate to make employers act with compassion, but if employers want to employ committed employees one of the things they can do is adopt the fertility workplace pledge. It is a really positive step in taking this agenda forward and, as we have heard, a number of employers have already signed up, so I have no doubt that over a period of time it will grow and grow.

I will reference some of the comments made by colleagues. My hon. Friend the Member for Winchester spoke about NICE guidance on three opportunities at IVF. I am speaking outside of my brief, as these issues fall to the Department for Health, but we recognise that NHS-funded access to fertility services has been varied for a long time, and our ambition is to see an end to the postcode lottery. The Government published the health strategy in July this year, which made a commitment to address the geographic variations over the 10-year lifetime of the strategy. I have no doubt that my hon. Friend will carry on campaigning for that. The hon. Member for Lanark and Hamilton East talked about miscarriage leave. Once again, that is outside of BEIS—it falls to the Department for Health.

[Angela Crawley]

I want to comment on that specific point. This is about the right to paid leave, so it does sit specifically within the BEIS portfolio.

Employment Law: Devolution to Scotland

Angela Crawley Excerpts

Tuesday 6th September 2022 Westminster Hall

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I beg to move,

That this House has considered the potential merits of devolving employment law to Scotland.

It is a pleasure to serve under your chairmanship, Sir Edward.

The Minister will recall that I have spent many hours in this place calling for reform to employment law. She will also be aware of the backlash from unions at an employment Bill being nowhere to be seen in the most recent Queen’s Speech. Indeed, Frances O’Grady of the Trades Union Congress highlighted that vital rights that Ministers have promised, such as flexible working, fair tips and protection from pregnancy discrimination, are at risk of being ditched for good. The fact is that this Government need to get a grip on workers’ rights. If they refuse to do so, then now is the time to devolve employment law powers to Scotland to allow the Scottish Government to enact our own reforms.

The SNP Scottish Government are doing everything in their power to improve workers’ rights where they have devolved competence. Throughout the pandemic, the Scottish Government have worked to prioritise workers’ rights, calling on employers, trade unions and workers to work together during this challenging time to ensure that workers are treated fairly. The SNP Government refreshed their Scottish business pledge to align with the fair work principles, and they established a new learning network and an international fair work summit. They also published a fair work action plan in February 2019, which set out a range of measures to support employers to embed fairer working practices. That is supported by trade unions across Scotland.

Additionally, the Scottish Government published a gender pay gap action plan in 2019, bringing together a cross-Government group to approach the gendered impact of inequality in the labour market. The Scottish Government are also a champion of the real living wage, which is of the utmost importance during the cost of living crisis. There are nearly 1,500 living wage-accredited employers in Scotland, giving Scotland the highest rate of workers in the UK earning a real living wage.

With the limited powers that they currently hold, the Scottish Government have worked hard to tackle in-work poverty and support those on low incomes and, ultimately, to condemn exploitative zero-hours contracts by establishing a fair work convention to support the fair pay and conditions agenda. However, with employment law reserved to the UK Government, Scotland can only go so far; it is only able to address part of the problem. Full devolution of employment law would allow Scotland to go even further by creating fairer workplaces, increasing wages, reducing insecure work and fundamentally tackling in-work poverty head on. Shifting that power to the Scottish Government would allow them to stop the race to the bottom on workers’ rights that we are seeing in the post-Brexit UK.

Last December, the European Union delivered employee status to gig economy workers, untying them from the constraints of self-employment status and allowing them basic employment rights, such as minimum wage, holidays and sick leave. That reform of workers’ rights in the EU may well have been one of the most ambitious extensions of workers’ rights from Brussels since Britain left the EU, and we are missing out. Since leaving the EU, the UK Government have been complacent on updating employment law to tackle the injustices faced by the UK workforce.

Scotland overwhelmingly supported retaining EU membership, in no small part due to its commitment to the extension and promotion of workers’ rights. Instead, the UK Government’s approach appears to be to leave workers to appeal to the courts where they cannot access justice, as in the Uber and Addison Lee cases. Without reform of existing legislation, workers are left at the mercy of rogue employers. In 2019, this UK Government were elected on a manifesto that promised to introduce measures to protect those in low-paid work and the gig economy. That was embodied in the promise of an employment Bill that would protect and enhance workers’ rights, with the tagline, “Making Britain the best place in the world to work”.

[Chris Stephens (Glasgow South West) (SNP)]

My hon. Friend makes an important point. The Taylor review reported five years ago and recommended things that the Government should do quickly, including simplifying worker status. Does my hon. Friend share my concern that the Government have sat on that report for five years with no action?

[Angela Crawley]

I thank my hon. Friend for making that point. The Taylor report gave the Government a comprehensive list of items that they could address, but sadly they have been sleeping on the job.

Although there was no commitment in this year’s Queen’s Speech to bring forward the promised employment law reforms, perhaps the Government now have an opportunity to do so. Will the Minister tell us why we should trust this Government to treat workers’ rights as a priority when, three years after that promise was made, no employment Bill has materialised?

We have already seen the ambitions of the UK Government slip. Now we are knee deep in pandemic recovery, a cost of living crisis and a looming recession. It is imperative that the Government make a concrete commitment to improving workers’ rights.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

We can expect the Tories to denigrate or at the very least be uncaring on workers’ rights, but we have to be honest: the Labour party, certainly in Scotland, has questions to answer too. It denied—indeed, it fought—equal pay for women for decades, and then the minute it left office in Glasgow, it started campaigning for it; it voted against higher offers to council workers; and it stopped the devolution of employment law in the Smith Commission. Had it supported the SNP in the Smith Commission, I would not have had to introduce three Bills to outlaw fire and rehire. Does my hon. Friend agree with that?

[Angela Crawley]

I thank my hon. Friend for that intervention. It is fair to say that the Labour party, like the Government, has been sleeping on the job when it comes to protecting workers’ rights in the UK. It has failed to stand up for workers and it has often been missing on picket lines.

The pandemic has exacerbated a steady entrenchment of precarious working conditions across the UK. More people than ever before in the UK are relying on zero-hours contracts and participating in the gig economy. It is a sad fact that workers sometimes have to turn away a job because it would cost them more to drive to collect an item than they would receive to deliver it. They simply cannot afford it because the wages are so low. How is it that here in the UK wages are so low and workers’ rights are so abysmal that a worker cannot even afford to attend work to earn money in the first place? It is absolutely absurd, yet that is the position we find ourselves in, with the Labour party, which is set, potentially, to take over at the next general election, also sleeping on the job.

[Christine Jardine (Edinburgh West) (LD)]

What the hon. Lady says leads me to think that we need reform of UK employment law rather than devolution of employment law, which would create new barriers to doing business and running services across the UK. Although I would wholeheartedly support the reform of UK employment law, I worry about the implications for companies such as RBS, which has staff all over the country, and the nightmares it could cause in terms of employment rights and breaking up the single market.

[Angela Crawley]

The hon. Lady makes a number of points. Given her ardent belief in the Union, she would argue that this is the best place in the world for the protection of workers’ rights, yet we on the SNP Benches have repeatedly—in every facet, in every forum, in every piece of legislation—attempted to encourage the Government to reform employment law and they have failed to do so.

[David Linden (Glasgow East) (SNP)]

Does my hon. Friend, like me, find it rather bizarre that the hon. Member for Edinburgh West (Christine Jardine) seems to have overlooked the fact that the predecessor of my hon. Friend the Member for East Dunbartonshire (Amy Callaghan) was an employment Minister in a Lib Dem coalition? If there was such a need to reform employment law, why did the Lib Dems not do that?

[Angela Crawley]

Absolutely. There was ample opportunity when the Lib Dems were in the coalition to transform employment law, and that did not happen.

[Hywel Williams (Arfon) (PC)]

rose—

[Angela Crawley]

I want to make some progress, but I will come back to the hon. Member.

There are more and more people in insecure work, more and more people with insecure wages, and more and more people with insecure rights in the workplace. More people are under-employed, and more people are holding down multiple jobs and yet struggling to support themselves. Sadly, more and more people are struggling to invoke their workplace rights and unionise.

In real terms, that means more people have been plunged into in-work poverty and are unable to rely on stable incomes, which is invaluable to those trying to make headway through what will be a bleak winter for many families as we approach a cost of living crisis. The impact of the pandemic is clear, the impact of Brexit is clear, and the impact of this Government’s stagnation and failure to act is blatant. I call on the UK Government to either act now or let the Scottish Government do so. I would love to have every competence that this Government have to bring forward an employment Bill and transform employment rights. They have failed to do so, and they do not appear to want to.

I was deeply disappointed that there was no commitment in the Queen’s Speech to improve workers’ rights. The decision to shelve the employment Bill represents a missed opportunity for this Government to make serious progress on changing employment law. They have missed the opportunity to update policies on flexible working, carers leave and paid miscarriage leave, which I have argued for time and again. They have failed to strengthen protections against workplace sexual harassment and other equalities protections.

The Minister will recall that I have spent many hours in this place calling for the introduction of paid miscarriage leave. My hon. Friend the Member for Glasgow East (David Linden) has pursued relentlessly the right for neonatal leave and pay, and I welcome the Government’s commitment to introduce those measures. I have pursued numerous vehicles in Parliament to try to ensure that the important policy of paid miscarriage leave is introduced but, sadly, I feel I am reaching the end of the road. The policy has cross-party support, yet it has been unable to succeed because of the archaic working practices of this place and this Conservative Government’s failure to commit to legislating on the issue. That reinforces why this system will never work for Scotland. It is becoming clearer by the day that we cannot trust this Conservative Government to prioritise workers’ rights. Instead, we see the further entrenchment of socioeconomic inequality in our society.

Scotland did not vote for Brexit, Scotland did not vote for this Conservative Government—it has not done so for many years—Scotland did not vote for this latest Prime Minister, and Scotland did not vote to roll back workers’ rights and leave the European Union. Yet we find ourselves in a situation where this Government will not act, and our Government want to act but do not have the powers to do so.

[Chris Stephens]

I thank my hon. Friend for giving way; she is being very generous. Does she share my concern and that of many others that the Government seem to want to roll back trade union rights further, and are threatening trade unions that they are going to raise thresholds and make industrial action more difficult?

[Angela Crawley]

I thank my hon. Friend for that intervention. I know that the hon. Member for Arfon (Hywel Williams) wished to intervene too.

[Hywel Williams]

I will make two brief points. I find strange the argument that multinational companies are somehow unable to adapt their practices to the conditions required by individual independent countries. That is a fallacy and a fiction. Let me also point to a particular reversal of rights, which I will refer to in my speech if I am fortunate enough to be called. The Government have demonstrated their hostility by intending to scrap the Trade Union (Wales) Act 2017—a law passed by our Senedd to protect workers in Wales.

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[Angela Crawley]

I thank the hon. Member for that salient point. We can be under no illusion: not only are this Government not interested in protecting workers’ rights, but they are not interested in protecting the devolution settlement in Wales, Scotland or anywhere else, and they are not interested in listening to people across the UK who are crying out for urgent action on the energy cap.

Workers in Scotland and across the UK should be under no illusion: this Government are responsible for one of the most egregious attacks on workers’ rights for over a decade, and there are no signs that that will change. Given the performance of the Scottish Government in this area, does the Minister recognise that the UK Government are hindering the Scottish Government’s ability to act to protect workers’ rights in the way that we would have done if we had remained in the EU?

It is clear that the UK Government are reluctant to take any steps necessary to overhaul employment law and catch up with the realities of work in the current decade. If the Minister remains unwilling to address the failures of this Government, will she give the Scottish Government the powers to do so? I must ask the Minister to give serious consideration to the devolution of employment law to Scotland, and to stop holding us back from delivering vital support and protections to those who need them most, especially now.

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[Jane Hunt]

I will get to that in a short while.

Devolving employment rights to Scotland could also disadvantage workers by suppressing the free flow of labour between England and Scotland. Having this valuable free flow of labour is essential, as it increases the chances of workers finding the jobs that will make the most of their skills and employers finding the best employees for their businesses. Office for National Statistics data from 2019 estimates that around 68,000 people work in Scotland and live in England, or vice versa. Devolving employment rights could therefore be highly disruptive for workers who work across the border.

The UK Government remain strongly committed to working together with all the devolved Administrations to ensure the UK’s institutions are working collectively as one United Kingdom. We appreciate and value our ongoing, close working relationship with the Scottish Government, while also respecting their unique devolved nature. Through this close working, we are determined to build a highly skilled, highly productive high-wage economy that delivers on our ambition to make the UK the best place in the world to work and grow a business. Ministers and officials within my Department engage regularly with their counterparts in the Scottish Government, as well as the Welsh and Northern Irish Governments, to consider various employment-related issues. I look forward to discussing employment rights issues with my Scottish counterparts too.

I would like to highlight that the UK, including Scotland, has a very strong labour market. Its strength results from balancing labour market flexibility with worker protections. The figures speak for themselves. Early estimates for July 2022 indicate that there were 29.7 million payrolled employees—around 650,000 higher than pre-pandemic levels. The unemployment rate is 3.8%, which is close to record low rates. Making any changes to the current devolution settlement could jeopardise our labour market’s success. On employment rights, the hon. Member for Lanark and Hamilton East stated that workers’ rights are being disregarded in the UK. I disagree with that. She also said that Ministers are sleeping on the job. Chance would be a fine thing—since 8 July at least!

It is not only the labour market’s strength that is exemplary. The UK’s record on employment rights is one of the best in the world, giving vital protections to workers. We have one of the highest minimum wages in the world. In April, the national living wage was raised to £9.50. In the UK, people get a minimum of over five weeks of annual leave, whereas the EU requires only four weeks. People in the UK get a year of maternity leave. The EU minimum is just 14 weeks.

I am proud that we have implemented many important changes to the UK labour market, which are benefiting workers across England, Scotland and Wales. In recent years, this Government have brought forward a raft of legislation on employment rights issues. That legislation has closed a loophole that saw agency workers employed on cheaper rates than permanent workers, and quadrupled the maximum fine for employers who treat their workers badly. We have given all workers the right to receive a statement of their rights from day one. We have given parents a new legal right to two weeks’ paid bereavement leave for those who suffer the devastating loss of a child. The hon. Member for Paisley and Renfrewshire South (Mhairi Black) mentioned the Taylor review, and the Government are making progress on a number of the recommendations it set out.

The Government supported workers throughout the covid-19 pandemic, taking steps to protect the earnings of workers through the UK-wide coronavirus job retention scheme. We also ensured that furloughed employees who were made redundant received full redundancy payments. In Scotland, a total of 911,900 employees were on furlough during the course of the scheme, and we were able to offer this unprecedented package of support through our ability to act on a UK-wide basis. Our response to the covid-19 pandemic exemplifies that we are at our strongest when we come together as one United Kingdom.

We are going still further with employment rights reforms. Numerous private Members’ Bills have been introduced on the matter of employment rights, and we are working closely with these Members on their proposals. On 15 July, this Government supported two private Members’ Bills on Second Reading. The Employment (Allocation of Tips) Bill, introduced by my hon. Friend the Member for Watford (Dean Russell), will ensure that all tips go to staff, and allow them to bring a claim to an employment tribunal if businesses do not fairly distribute workers’ well-earned tips. The Neonatal Care (Leave and Pay) Bill, introduced by an SNP Member, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), will allow parents whose new-born babies are admitted to neonatal care to take up to 12 weeks of paid leave, in addition to other leave entitlements, such as maternity leave. This will allow them to spend more time with their babies at what is a hugely stressful time. Our productive work with the SNP Member on this Bill goes to show just how far we can make progress on important employment rights issues by collaborating across parties, and between the UK Government and the devolved Administrations. My officials have also met their Scottish Government counterparts to discuss the private Members’ Bills, and will continue to engage closely with them throughout their passage.

As well as those private Members’ Bills, on 6 July, we laid legislation that extends the ban on exclusivity clauses in contracts where a worker’s guaranteed weekly income is below the lower earnings limit, which is currently £123 a week. That will ensure that an estimated 1.5 million people have the opportunity to pick up extra work to top up their income if they wish. Two further private Members’ Bills will be considered on Friday, including the Carer’s Leave Bill, which was mentioned earlier. Also mentioned was shared parental leave, which is exceeding the expectations in the targets set for it. The online tool is also proving successful in helping parents decide what to do for their family.

In July, we published guidance to clarify the existing employment status boundaries, making it easier for businesses to comply with existing regulations and for individuals to understand which employment protections apply to them. In April, we made sure that 2.5 million people across the UK received a pay rise by raising the minimum wage and the living wage. The largest ever cash increase to the national living wage will put over £1,000 a year extra into full-time workers’ pay packets, helping to ease cost of living pressures. We are helping younger people too by lifting the minimum wage for under-23-year-olds and apprentices. What is more, in December 2021, we named and shamed 208 UK employers who failed to pay the minimum wage, including 19 Scottish employers.

We take action where it is needed to tackle appalling business practices, such as P&O Ferries firing its employees without consultation. We reported P&O to the Insolvency Service and took an active role in ensuring it treated its workers fairly. In March this year, we announced that we will introduce a statutory code of practice on dismissal and re-engagement—so-called fire and rehire tactics. That will include practical steps that employers should follow if they are considering changes to workers’ terms and conditions and there is the prospect of dismissal and re-engagement. All that comes in addition to the UK Government’s £37 billion cost of living support package, which will benefit households across the UK, including those in Scotland. For these reasons, the Government do not support the devolution of employment rights to the Scottish Government.

Let me turn to some of the points raised during the debate. The hon. Member for Lanark and Hamilton East spoke about the Miscarriage Leave Bill. The Government recognise that losing a child at any stage is incredibly difficult, and we expect employers to respond with compassion and understanding. Because the death of a child is a particularly tragic event, we have legislated to give parents who lose a child under the age of 18, including cases where a baby is stillborn after 24 completed weeks of pregnancy, a right to take up to two weeks off work in the 56 weeks following the death of their child.

Although there is no statutory entitlement to leave for women who lose a baby before 24 completed weeks of pregnancy, those who are not able to return to work may be entitled to statutory sick pay while off work, subject to the eligibility conditions. If eligible for statutory sick pay, employees are able to self-certify incapacity for work for the first seven days of their absence, regardless of the cause. All employees are also entitled to 5.6 weeks of annual leave a year, and many employers also offer compassionate leave.

[Angela Crawley]

My ten-minute rule Bill is due for Second Reading on 16 September. Does the Minister acknowledge that it is simply unfair that a parent who loses a pregnancy or baby at 23 weeks and six days has no right whatsoever to any form of paid leave, while after 24 weeks a parent has the right to bereavement leave and pay? Should that legislation not be extended or provision not be made for parents who experience that loss before 24 weeks? Can she explain why the Government will not do so?

[Jane Hunt]

I will look at that point, because I understand the hon. Lady’s argument. However, a line has to be drawn somewhere.

The hon. Member for Glasgow East (David Linden) talked about the four-day working week. We appreciate that a four-day working week may work well for some workers and employers, but we do not believe in a one-size-fits-all approach to working arrangements. That is why rather than telling people and businesses how to work, we put individual agency and choice at the heart of our approach to flexible working.

The hon. Members for Paisley and Renfrewshire South, for East Dunbartonshire (Amy Callaghan), for Glasgow East and for Lanark and Hamilton East asked why no employment Bill was announced in the Queen’s Speech. While I know it is disappointing that it did not include one set out as a single Bill, there is an ambitious legislative programme that includes a comprehensive set of Bills that will enable us to deliver on priorities such as growing the economy. As I mentioned, numerous private Members’ Bills have been introduced on employment rights as a result of the PMB ballot in the Commons. We are working closely with those Members on their proposals, and are grateful to those from across the House who are helping us with that.

The hon. Member for Edinburgh South (Ian Murray) and others questioned why we are not banning fire and rehire. Imposing a ban would not be appropriate because in some situations fire and rehire can play a valid role, as businesses may need the flexibility to use this option to save as many jobs as possible. We are taking proportionate action to address firing and rehiring practices by bringing forward a statutory code of practice.

The hon. Member for East Lothian (Kenny MacAskill) talked about tribunals. The UK Government and Scottish Government continue to work closely on drafting the Order in Council. Once that is concluded, we will look to agree a timeline for the devolution of the first tranche of tribunals.

I thank the hon. Member for Lanark and Hamilton East for bringing this important topic to the House and enabling this debate. While the Government have no plans to devolve employment rights to the Scottish Government, I thank the hon. Members who contributed constructive arguments. We will continue to work with the Scottish Government and other devolved Administrations as we continue to build on the UK’s record on employment rights.

[Angela Crawley]

After 12 years of this Government, it is fair to say that many of the reasons for the cost of living crisis lie squarely at their door. Any Government who fail to understand why workers must have their rights protected and enshrined in law should rightly fear going to the ballot box in a general election. The Government have failed to act on employment and failed to introduce a Bill. If they will not do so and if they will not devolve employment law to the Scottish Government, it simply makes the case for us that independence is the only way for Scotland to ensure that workers’ rights are protected in the way that they should be. It is clear that an employment Bill will not come from this Government.

Question put and agreed to.

Resolved,

That this House has considered the potential merits of devolving employment law to Scotland.

Oral Answers to Questions

Angela Crawley Excerpts

Tuesday 7th June 2022 Commons Chamber

[Kirsten Oswald (East Renfrewshire) (SNP)]

2. What recent assessment he has made of the potential effect of raising the energy price cap on standards of living.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

21. What recent assessment he has made of the potential effect of raising the energy price cap on standards of living.

--- Later in debate ---

[Kwasi Kwarteng]

The hon. Lady will remember that throughout the covid period my right hon. Friend the Chancellor of the Exchequer supported businesses to the tune of something like £400 billion. A lot of that support, in the form of loans and the future fund, is ongoing. I do not think we can take any lectures from the hon. Lady on supporting business through what has been a very difficult period.

[Angela Crawley]

This week, the citizens advice bureaux in Scotland revealed that 62% of the inquiries they receive relate to energy issues. As Ofgem has warned that people can expect a staggering 42% rise in energy prices, does the Secretary of State regret the time he has spent defending the Prime Minister against confidence votes instead of providing much-needed support for businesses and energy consumers to tackle the cost of living crisis?

[Kwasi Kwarteng]

As I have said once and am sure I will repeat, my right hon. Friend the Chancellor of the Exchequer has dedicated £37 billion precisely to help people through what is a very difficult time in relation to the cost of living.

Parental Leave and Pay

Angela Crawley Excerpts

Tuesday 22nd March 2022 Westminster Hall

[Angela Crawley (Lanark and Hamilton East) (SNP)]

It is truly a pleasure to serve under your chairship, Mrs Miller. I speak in this debate as someone who took parental leave only a matter of weeks ago, on the birth of my son, Hudson. I also speak as an employer, and I want to extend my best wishes to my caseworker Craig and his wife Jen on the birth of their son, Ben, this week—he is also taking parental leave.

I stand here as an employer and a parliamentarian. Parental leave covers maternity, paternity and adoption leave, as well as shared parental leave. That seems like a lot of things, but what are we actually discussing? Welcoming a new baby home is a time filled with joy, but also a time filled with hard work and sleepless nights, as I can attest. Parental leave is necessary to adjust to the realities of parenting, and it allows time for practical issues, such as recovery after giving birth, health visits and vital bonding and development.

Too often, parents are forced to go back to work more quickly than they would like because of financial constraints. That is a balance that many parents have to make, but too often the assumption is that women will take the leave and the father will return to work. In the modern economy, we also find that mothers are often earning more than their partners, and although they would like to stay at home for longer, financial constraints mean they are forced back to work.

As we know, there is a gap when a mother takes more than a year off work. As you will know only too well, Mrs Miller, from your extensive work on this issue with the Women and Equalities Committee over many years, there is already a gender pay gap, and it is exacerbated by the fact the parental leave policies that exist, not just here in the UK but in other countries, prevent parents from making these choices, because fundamentally it comes down to the economics of who can afford to take that time off.

Parental leave is good for parents, children and business, but the UK Government are not going far enough to ensure that the entitlements are guaranteed for workers. We have heard that the full rate of maternity pay often applies for only 12 weeks and that many self-employed people take as little six weeks, with some taking no leave at all. There is also a failure to offer adequate parental, paternity and shared parental leave, which further compounds the maternity and pregnancy discrimination that so many women face in the workplace, and adds to the gender pay gap, pay inequalities and, eventually, pension inequalities.

We need to consider the rounded impact on women, their families and their household incomes. But this is not just about women; it is also about fathers and other partners, and about people being able to spend time with their families, while knowing that their work is valued and respected, and that their job will be there to go back to—too often, that is not the case. We have already heard about job insecurity and non-permanent contracts and that, sadly, only the privileged few can afford to take extensive periods of leave.

As the Minister knows only too well, I have—like a broken record—made an extensive case for miscarriage leave, shared parental leave and neonatal leave, and for a fundamentally radical overhaul of workplace policies, statute and protections to allow workers to take the leave that they should be due during this life event, alongside the many other life events that people encounter. We need to adapt workplace policies and protections so that workers can adapt their lives and continue to be valued members of their workforces.

As we have heard, many industries are failing to protect or even provide the most basic leave, and many parents are falling through the net. The sad reality is that only legislation can fix that. I would love to be able to say that all workplaces would adopt comprehensive policies to address such issues, but the Minister and I know that that is not case, even though it makes good economic sense to address the systemic problems in workplace culture that contribute to discrimination and pay disparity.

Much of that work could be done through the employment Bill. As I have said repeatedly—I am sure the Minister is tired of my voice over the last fortnight—we must address the need to reform UK employment protections and law. However, there is a danger that much of the detail would be lost in an overwhelming employment Bill, so I am keen to hear when the Bill will be introduced and how the Government intend it to tackle these workplace protections. The Government appear to have shelved the Bill, and there is no clear timetable for its introduction—I hope the Minister will feel free to correct me if it is forthcoming. I ask once again that parliamentary time be made available for the Bill. Will the Minister confirm that it will include improvements to parental leave and pay, measures on pregnancy and maternity discrimination, and—I have to get this in again—paid miscarriage leave?

It is clear that reform is well overdue. The current system allows too many parents to fall through the net. The Minister has listened attentively, but we need action, so I urge him to do all he can to introduce the employment Bill urgently, ensuring that it is robust in its protection of workers’ rights.

Paid Miscarriage Leave

Angela Crawley Excerpts

Thursday 17th March 2022 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I beg to move,

That this House calls on the Government to introduce paid miscarriage leave; notes that in the UK, two weeks parental bereavement leave and pay is in place after stillbirth, however there is no such support for anyone who has experienced a miscarriage before 24 weeks of pregnancy; believes that miscarriage is an extremely traumatic experience and that more support should be provided to families that experience such a loss; understands that the New Zealand Parliament unanimously approved legislation to give people who experience a miscarriage paid leave, no matter what stage a loss of pregnancy occurs; and further believes that the Government should follow suit and provide paid leave for people that experience miscarriage and allow families to grieve for their profound loss.

I am extremely grateful to the Backbench Business Committee for granting this important debate in the Chamber. I am also grateful to the Members in attendance today, to those who spoke passionately in last week’s Westminster Hall debate and to colleagues from across the House who backed my private Member’s Bill, many of whom have supported this issue for some time. Many thanks also go to the fantastic organisations that advocate for greater support for those who experience the trauma of miscarriage, including the Miscarriage Association, Mumsnet, Sands, the Ectopic Pregnancy Trust and many more. I also put on record my appreciation for the 40,000 people who have signed the petition calling for paid miscarriage leave and for those from all over the UK who have contacted their MPs to ask them to back the campaign.

This is an important issue that has cross-party support. I am only sorry that the debate falls on a Thursday when the Chamber is less populated than usual, but, given that many Members support the motion, I hope that we will see more progress from the Minister today.

One thing that has struck me throughout the campaign is the brave men and women who have told their story of loss to try to help others, and who have campaigned every day so that others do not have to suffer in silence, as they did. I wish to share one such story today. A constituent of mine said that

“it is not just the physical pain of that moment—it is the emotional pain that lingers.”

Those are the words of my constituent from Carluke, who bravely shared her experiences with me last week. When she miscarried, she was the only woman working in her office—all her colleagues were men—and felt totally powerless to talk about her experience. Not only did she not feel comfortable seeking time off work, but she simply did not feel able to tell anyone in her workplace about what had happened to her. She spoke to me not only of the physical loss of the miscarriage, but of the mental impact of that loss. She said:

“You need time to recover from the physical element of what you have experienced. It can take its toll on the body. But I found the mental effects to be much worse. When you get the news that you’re pregnant, it is such a joyous time. You share it with friends and family, and you prepare yourself for the imminent arrival. So when you never held your baby, you still feel that it has been taken away from you. It is a loss and something that I mourned. Before I returned home from hospital, I made sure that my husband got rid of all the baby items that we had bought—clothes, toys, everything. I felt totally unsupported. I took a sick day on the Friday when it took place and was back at work on Monday as if nothing had happened. I don’t understand why there is just nothing in place to support women in these times of trauma.”

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for bringing this matter forward. I have always supported her in her objective of trying to achieve this. I was there to support her when she had a debate in Westminster Hall. I am ever mindful of the fact that my mother had a number of miscarriages. She was back at work, as the hon. Lady mentioned, within days. My sister had them as well and was back at work very quickly. I had a staff member who had two miscarriages and she was also back at work very quickly. Does the hon. Lady not agree that the fathers of these wee lives also have a right to mourn, and that any paid miscarriage leave must also recognise the daddy and allow him to know that society does not expect him to carry on as if his whole world has not been completely shaken as well?

[Angela Crawley]

Absolutely. I thank the hon. Member for his point—a point that I was about to make myself.

The fact is that, for too many parents, the loss of a pregnancy is seen as a woman’s issue. It is seen as something that affects only the mother. Sadly, too often, it is the fathers and the partners who lose out on that recognition of their loss and the ability to take leave. The loss of a pregnancy at any stage can be truly devastating, and, sadly, for some families, this experience may happen to them more than once, compounding the trauma of their loss. Without that recognition, the hopes and dreams that they had for their little life are gone—that is it. There are no legal rights, no forms of bereavement leave or pay, and, quite simply, no recognition that their little life existed.

One in four pregnancies ends in miscarriage and the experience of my constituent is not unique; it is shared by thousands of people every year. In a recent survey on miscarriage in the workplace, Mumsnet reported that there had been an increase in the number of women who labelled their experiences as poor or very poor—21%, up from 17% in 2019. Thousands of respondents cited a lack of support from their employer and a fifth of women said that they would have liked to take time off work following their miscarriage, but that they did not feel able to ask. These are incredibly difficult conversations to have with employers, and, just as my constituent highlighted, many women are simply not comfortable to do so or to share these experiences, and we are hearing the same experiences repeated time and again.

The Minister was right to say last week in the debate that good employers will take the appropriate action and treat the situation sensitively, giving staff the appropriate leave when required. However, the legislation that I propose is not only for employers; it is for the families up and down the country who cannot disclose a miscarriage, who feel pressured into going back to work too soon, and who feel shamed into silence. The Mumsnet survey showed that a resounding 96% of respondents supported the introduction of three days’ paid leave following a miscarriage. I repeat that number: 96% of survey respondents who had recently had a miscarriage said they would support the motion in the House today for paid miscarriage leave. One respondent said:

“I felt pressure to be back and didn’t allow myself any grieving time. It didn’t do me any good.”

Another added:

“You are replaceable at work. Your health and well-being for life should be a priority and workplaces need to change their attitudes and sickness policies, not make us burn the candle at both ends to fit into their policies. It’s pregnancy related anyway and shouldn’t be counted within sickness policy.”

While the updated ACAS guidance recommends that employers should consider offering time off, there is no legal right to paid leave and no statutory requirement for employers to allow it. We are seeing more and more employers implement policies, and that is welcome. Many workplaces have introduced a dedicated policy of miscarriage leave, one of the many ways employers can give meaningful support to their staff at that difficult time. However, leaving the provision at the discretion of employers is driving inequality across the board. Too many workers are left without the support they deserve because paid leave is not statutory.

Comprehensive policies of paid miscarriage leave have been introduced in nations such as New Zealand and Australia, and just last month the Northern Ireland Assembly legislated to introduce paid miscarriage leave, making it the first place in Europe to do so. The Scottish Government have pledged to provide three days’ paid leave following miscarriage, but the right to extend that provision to the private sector is reserved to this place.

While I recognise that three days’ paid leave, or even two weeks, may not be enough, it is a meaningful recognition of the loss and the grief. We should aim to support our workforce adequately and adopt recognised international best practice. A UK-wide policy of paid miscarriage leave would ensure that parents receive the support they deserve in this tragic time, and that no one falls through the cracks of the existing system.

The Government’s much-awaited employment Bill still appears to be some way from Parliament. Ahead of that Bill, the Taylor review of modern working practices has highlighted the changing demographics of the workplace and the need for a comprehensive employment law. There are more women in work now than ever before, and women’s participation in the workplace has been growing quicker than men’s over the past two decades.

Central to the Taylor review is the idea of putting employee health and wellbeing at the forefront of future employment legislation. That must include the provision of paid miscarriage leave. We must ensure that employment law protects and supports employees through such a serious life event. I do not believe the current legislation gives enough support to women and their partners through the experience of pregnancy loss in the workplace.

Indeed, I have asked the Minister when the employment Bill will be brought to the House and received no definitive answer. Families cannot wait for legislation that is not yet on the horizon. There is enough support across the House to bring forward a separate Bill on this issue, and I urge the Minister to introduce paid miscarriage leave.

Last Tuesday in the debate in Westminster Hall I raised the issue with the Minister once again. The response we heard was underwhelming. The Government continue to insist that sick pay or annual leave are acceptable provisions for those who experience miscarriage. They are not. Grief is not a holiday and it is not an illness. That response is offensive and unsustainable.

The Minister highlighted the Parental Bereavement (Leave and Pay) Act 2018 as evidence of action the Government have taken on this issue, but that Act does not make provision for those who experience a loss before 23 weeks and six days. Parents who experiences the loss of a pregnancy before 24 weeks have no statutory right to paid leave, and that is wrong.

As many hon. Members will know, I have been campaigning on this issue for some time. I pay tribute to my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson), who first introduced the Parental Bereavement (Leave and Pay) Bill. When the Act came into effect, it secured two weeks’ leave for parents who experienced that loss after 24 weeks, but, as I said, there is nothing in place for parents before that time.

The Minister’s sympathy and understanding are welcome, but they are not enough. We must do more to ensure that all parents who experience the loss of a pregnancy are protected with such provision and to extend paid leave to those who experience a loss prior to 24 weeks. A specific statutory provision for paid miscarriage leave should not only cover the women experiencing the miscarriage, but their partners. It would also give a signal to those experiencing pregnancy loss that they have permission to grieve.

This is about more than changing policy; it is about changing workplace culture in the UK to account for real-life issues that affect the workforce. By legislating for this provision in employment law, we can help to tackle the stigma associated with miscarriage and facilitate a wider discussion on improved care.

I thank all the parents who have shared their stories of loss and grief with me in the pursuit of policy change. Pregnancy loss happens all too often, and sadly it ruins and destroys the joy that many expectant parents have. When pregnancy loss occurs, it is not only the loss of the pregnancy but of the hope and the dreams that expectant parents have, and it is an incredibly difficult time.

I urge the Minister to reconsider the Government’s stance and invite him to meet me once again to discuss how we can move this debate forward. It is unacceptable that parents should have to take sick leave or annual leave; they are not sick and they are not on holiday. For too long, parents have suffered without the support they need and deserve. We must recognise the grief and loss that parents who experience pregnancy loss before 24 weeks face. I urge the Government to give serious consideration to introducing paid miscarriage leave across the UK and to support my motion here today.

--- Later in debate ---

[Angela Crawley]

On behalf of everyone who supported the motion, the private Member’s Bill, today’s debate and the Westminster Hall debate, I want to say with no disrespect to the Minister, who I know has a very large brief, that I do not feel he is listening to the volume and weight of the people who have asked the Government seriously to consider miscarriage leave. It is essential, it is important and without statutory provision too many employers will not make provision. It is fine to say that there is a gold standard and best practice, but when there is no statutory obligation too many employers will not do it. That means that too many families and too many parents will still suffer alone and in silence, and that is not good enough.

Question put and agreed to.

Resolved,

That this House calls on the Government to introduce paid miscarriage leave; notes that in the UK, two weeks parental bereavement leave and pay is in place after stillbirth, however there is no such support for anyone who has experienced a miscarriage before 24 weeks of pregnancy; believes that miscarriage is an extremely traumatic experience and that more support should be provided to families that experience such a loss; understands that the New Zealand Parliament unanimously approved legislation to give people who experience a miscarriage paid leave, no matter what stage a loss of pregnancy occurs; and further believes that the Government should follow suit and provide paid leave for people that experience miscarriage and allow families to grieve for their profound loss.

Paid Miscarriage Leave

Angela Crawley Excerpts

Tuesday 8th March 2022 Westminster Hall

[Judith Cummins (in the Chair)]

I will call Angela Crawley to move the motion, and then I will call the Minister to respond. There will not be an opportunity for the Member in charge to wind up, as is the convention in 30-minute debates.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I beg to move,

That this House has considered paid miscarriage leave.

It is pleasure to serve under your chairmanship, Mrs Cummins, and I am grateful to the Speaker for allowing this debate to take place on International Women’s Day. It seems appropriate that we have a woman in the Chair, and I hope we have many more. I am grateful to the Members in attendance, and to those who have pledged their support for a Backbench business debate in coming weeks.

I thank Ruth Bender-Atik from the Miscarriage Association, as well as the organisations Sands, Tommy’s, Mumsnet and the civil service working group, as well as the many organisations that have provided briefings and endless advice. I also thank colleagues who have supported my many applications for debates on the matter, my early-day motions and my private Member’s Bill on miscarriage leave. I thank the 39,000 members of the public who have signed the paid miscarriage leave petition on 38 Degrees, and who have been in touch with their MP and bravely shared their personal story.

One pregnancy in four ends in miscarriage. That is not to say that one woman in four will have a miscarriage; one pregnancy in four will result in baby loss. Miscarriage it is often used as an umbrella term for a number of conditions. Miscarriage is the most common type of pregnancy loss, which is when a baby dies in utero during pregnancy. In the UK, miscarriage is defined as baby loss that occurs up to 23 weeks and six days into the pregnancy. The main causes of miscarriage are thought to be genetic, hormonal, infection, blood clotting problems and anatomical reasons, but it is important to say that there is never any logical reason for a miscarriage to occur. On most occasions, it is the most heartbreaking thing that can happen to a person, and no amount of rational reasoning will compensate for the loss that the person experiences.

The Miscarriage Association has highlighted that we should also consider ectopic and molar pregnancies, and it is important that they be included in this debate and considered when any policy changes are made on this issue. An ectopic pregnancy is a pregnancy that develops outside the womb, usually in one of the Fallopian tubes; it is one pregnancy in 80. It causes a dangerous situation whereby tubes may rupture, and it often requires immediate surgery.

[Mrs Maria Miller (Basingstoke) (Con)]

I pay tribute to the hon. Member and to the way in which she is championing the issue, as well as to the passion with which she speaks. She talks about the number of pregnancies lost, which is a tragedy. For black and minority ethnic women, there is a 60% higher likelihood of losing a birth. Is that the same with miscarriage? The data does not seem quite as clear for BME women as it is on broader loss through stillbirth.

--- Later in debate ---

[Angela Crawley]

I thank the right hon. Member for asking her question. To be perfectly honest, I am not sure that statistics on the matter are adequately recorded, so I hope Departments will look at that.

Ectopic and molar pregnancy should come under the umbrella of miscarriage. We must consider molar pregnancy, which is a condition in which an abnormal fertilised egg implants in the womb, and the cells that should become the placenta grow far too quickly, taking up space where the embryo would normally develop. We must also consider baby losses following in vitro fertilisation treatment, and the awful experiences of recurrent miscarriage, which is faced by too many expecting parents.

The loss of a baby is a major source of grief that many parents will carry with them for the rest of their life. Even those closest to someone who has experienced baby loss might never know what they have been through. There is a stigma around the subject of miscarriage, and more must be done to open dialogue and allow women to discuss the issue openly in a comfortable way.

Members are likely to be aware of the received wisdom of not telling people of a pregnancy before 12 weeks. However, that often results in parents suffering alone and in silence. They may be fearful of disclosing to their employer that they are trying to conceive because they fear workplace discrimination. It can be difficult, embarrassing and sometimes impossible to speak to an employer about what has happened. That means that many people going through the legitimate grief of baby loss will not receive the support they require.

[Jonathan Edwards (Carmarthen East and Dinefwr) (Ind)]

I echo the earlier comments about the hon. Lady’s excellent campaigning on this issue. There has been much talk of creating a kinder society as we come out of the pandemic. When it comes to social reforms, what she is proposing today, as well as wider bereavement leave, is something that any progressive Government would consider.

[Angela Crawley]

Absolutely. I thank the hon. Gentleman for that comment, which brings me neatly to my next point.

Ahead of the Government’s proposed employment Bill, the Taylor review has highlighted the changing demographics of the workplace. Many more women are in work than ever before. Women’s participation in the workplace has been growing quicker than men’s over the past 20 years.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on bringing this issue forward. One of my office staff has had multiple miscarriages. It has been a traumatic and difficult time for that lady, and I have seen the emotional and physical impact. Having to take holiday to try to get over the experience has added to that. Does the hon. Lady agree that the situation is unacceptable? We cannot legislate for compassion, but we can legislate for compassionate leave, which is what she is saying. That is why I support what she puts forward. I look forward very much to the Minister’s response.

[Angela Crawley]

I am sorry to hear about the experience of the hon. Gentleman’s member of staff. To experience miscarriage once is truly awful, but to experience it on multiple occasions can be truly devastating. It is not sufficient to say that an employee should take sick or holiday leave when they have a miscarriage. It is a grief, not an illness. That person should be allowed the time to grieve, and that should be recognised.

[Olivia Blake (Sheffield, Hallam) (Lab)]

The hon. Lady is making an excellent speech and does excellent work on this issue. I fully support her. The Lancet’s recent series on miscarriage highlighted the huge and still widely underestimated mental health impact it has; those who experience miscarriage face a quadrupling of the risk of suicide. In the light of that, does she agree that flexible working should never be seen as an adequate alternative to statutory leave?

[Angela Crawley]

Absolutely; I thank the hon. Member for that point. Flexible leave was not designed to be a catch-all, taking the place of provisions lacking from legislation. Flexible leave absolutely has a place in workplaces—it allows parents to take time off when required, and workers to adapt their working situation and make it more flexible—but it is not designed for the circumstances we are talking about, and it does not reflect the needs of the employees we are talking about, who need far more support and wrap-around care on their return to work. It is not sufficient to say that flexible leave would cover that.

There is already a cost associated with absences of this nature. Current legislation does not give enough support to women and their partners who experience pregnancy loss in the workplace. I hope that the Minister can update us on what is being done in the employment Bill to ensure that women are helped into work and can continue to work, and to ensure workplace protections are in place to prevent pregnancy and maternity discrimination. The Bill should also recognise life events that many women face during their employment, such as fertility treatment; and the right to miscarriage leave should be in the Bill.

We must keep in mind, however, that it is not just women who are affected by baby loss; the grief is shared by the partners of those who are pregnant. As I have mentioned, miscarriage is defined in the UK as occurring before 24 weeks of pregnancy. After 24 weeks, baby loss is considered to be a stillbirth. I thank my hon. Friends the Member for North Ayrshire and Arran (Patricia Gibson), and for Glasgow East (David Linden), for their work on legislation that would entitle parents to two weeks of paid bereavement leave. At present, there is no provision for those who experience baby loss before 24 weeks. While the updated ACAS guidance recommends that employers still consider giving them time off—I am grateful to the Minister for hearing that—there is no legal right to paid leave, and no statutory requirement on employers to allow paid leave. Many companies, including Monzo, Lidl and ASOS, have created a workplace policy of offering miscarriage leave for up to seven or 10 days, which is welcome, but that does not happen across the board. I commend these companies for taking that step.

A dedicated workplace policy is just one of the many ways that employers can give meaningful support, and it is also further evidence that employers recognise the significance of such a life event. As companies do not consistently have such policies, however, the Government must do more to ensure that employers can support their employees.

Leaving miscarriage provision to the discretion of employers leads to inequality and can result in discrimination against parents in low-paid and part-time work. For many workers, the only option is to take time off through annual leave or sick leave—using holidays or flexi-leave—which is not sufficient. The statutory provisions are not adequate, because grief is neither a holiday nor an illness. A specific statutory provision for paid miscarriage leave should cover not only the women experiencing the miscarriage, but their partners. It would signal to those who experience baby loss that they have permission to grieve.

This is about more than changing policy. It is about changing workplace culture in the UK to account for real-life issues that affect the workforce. We should aim to support the workforce adequately, and we should adopt the recognised international best practice. Both New Zealand and Australia have recently introduced comprehensive policies on paid miscarriage leave. Only last month, the Northern Ireland Assembly legislated to introduce paid miscarriage leave following a public consultation, with the policy due to come into force no later than April 2026. Northern Ireland will be the first place—not only in the UK, but in Europe—to introduce such a policy in the public or private sector.

The Scottish Government have committed to provide three days’ paid leave in the public sector following miscarriage, but they do not have the powers within employment law to extend that further. Therefore, it is up to the UK Government. The rest of the UK should not be left behind but should follow the lead of the devolved Governments and introduce statutory paid miscarriage leave across the UK. Will the Minister look closely at the plans, both internationally and domestically, and consider how paid miscarriage leave would positively impact on workers across the UK?

I wish to highlight the Miscarriage Association’s pregnancy loss pledge, which encourages employers across the UK to commit to support their staff through the stress of miscarriage by meeting a set of basic standards. It encourages employers to create a supportive work environment where people feel able to discuss or disclose pregnancy without fear of disadvantage or discrimination; to be open about pregnancy-related leave rules, ensuring that staff feel able to take the time off that they need; to encourage empathy and understanding towards people and their partners experiencing pregnancy loss; to ensure that line managers have access to guidance on supporting those who have experienced pregnancy loss; to be flexible to those who are returning to work following pregnancy loss; and to implement a pregnancy loss policy or guidance for the workplace, ensuring that it includes affected partners.

Last week, I wrote to every local authority in Scotland, inviting them to sign up to the pledge. Many have already given a positive response, including Glasgow City, Moray, West Dunbartonshire and North Ayrshire Councils, all of which are giving serious consideration to the pledge. Fife Council has already committed to the pledge—the first local authority across the UK to do so—and commitments by large public sector employers represent a huge step forward in the right direction. I am certain that more will follow this example, and I encourage Members present to encourage their own councils to make that pledge. If he has not already done so, I ask the Minister to consider signing the pledge on behalf of his Department and to encourage other Government Departments to follow. There is no doubt in my mind that the legislative change is necessary and essential to ensure that employers have meaningful leave policies in place for pregnancy loss.

Finally, I want to thank all the parents who have shared their stories of loss and grief. I thank Morgan’s Wings and Emma from the Hopes & Dreams podcast for bravely turning their stories of grief into ones of comfort for so many other people. Pregnancy should be a time of celebration, expectation and joy, but when pregnancy loss occurs, it is not only about the loss of the pregnancy but about the hopes and dreams that expectant parents had for their little life. It can be incredibly difficult on expectant parents. The Government must do more to help those who experience miscarriage, with employers acknowledging the value of their workforce and introducing dedicated policies. However, without statutory provision or the legal right, many parents will not receive the support they require. The Government must lead and support those in work with the right to take paid leave and permission to take time off to grieve. I urge the Minister to give serious consideration to introducing paid miscarriage leave across the UK and to supporting my private Member’s Bill on 18 March, which calls for this policy to be introduced in statute.

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[Paul Scully]

That is exactly what I was going to say. That provision is there, and the hon. Member for Strangford (Jim Shannon)—a good friend of mine—talked about people taking holiday leave to go through a miscarriage. When I have employed people, either here or in my previous life running businesses, I would never have dreamed of counting absences for such life events as holiday. They may want to apply for it, but I would treat them far more sensitively, for the reasons given by the hon. Member for Sheffield, Hallam. It is so important that businesses and employers have that approach, to invest in their time and future.

[Angela Crawley]

The Minister has worked extensively with me to find ways—through ACAS, for example—to ensure that employers can do more to support employees. If he accepts that sick leave, holiday pay and flexible working are not the correct methods to support an employee who has experienced pregnancy loss, and if he will not commit to a distinct miscarriage leave policy, will he consider extending bereavement leave to include parents who experience that loss before 24 weeks?

[Paul Scully]

We will outline employment measures when parliamentary time allows. The hon. Lady earlier talked about the Miscarriage Association pregnancy loss pledge. I am not in a position to commit to a pledge here and now but, looking at the sentiments in there, there are very sensible approaches that employers should take: encouraging a supportive work environment; understanding and implementing rules around pregnancy-related leave; ensuring that staff feel able to take time off if they need; showing empathy and understanding, which is seemingly fundamental and basic, though not all employers do so; encouraging line managers to access in-house or external guidance; supporting people back to work, by being responsive to those needs; and showing flexibility wherever they can. Those are all common sense, and it is great that they have been brought together in that pledge.

Having access to flexible working arrangements can be important for those who experience a traumatic life event of any sort. Changing a work pattern can provide individuals with the flexibility they need to balance their work commitments with their personal lives during such challenging times. Having a statutory right to request a temporary or permanent working arrangement can be important.

I have outlined some of the support and options that are also available to employees when they have suffered a loss. Businesses do have that important role to play. We have commissioned guidance from ACAS on managing a bereavement in the workplace, which has been well received and was updated in 2020, to take into account the introduction of parental bereavement leave.

The hon. Member for Lanark and Hamilton East made it clear that miscarriage is not an illness. We want to ensure that grieving families and friends who have lost loved ones receive the support they need, when they need it. We have given more than £10 million to mental health charities, including bereavement charities, to support people though this. Our excellent NHS is also there to support individuals with mental health and wellbeing issues. I am pleased to have had this debate and appreciate the discussion and contributions.

Question put and agreed to.

Oral Answers to Questions

Angela Crawley Excerpts

Tuesday 22nd February 2022 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

8. What stakeholder engagement his Department has undertaken on the Government’s forthcoming Employment Bill.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

We have engaged extensively with stakeholders, both formally and informally, on a range of reforms to our employment framework, and will continue to do so in order to ensure that they deliver on our plan to build a high-skill, high-productivity, high-wage economy.

[Angela Crawley]

May I first express my thanks for the Minister’s kindness to my partner and me when our son was born last month?

This week the Northern Ireland Assembly gave a commitment to legislate for miscarriage leave, and the Scottish Government have given a commitment to introduce three days’ paid leave in the public sector. Will this Government give a commitment to introducing paid miscarriage leave in the Employment Bill?

[Paul Scully]

I congratulate the hon. Member and her partner on their fantastic news. It was a pleasure to meet her to discuss her private Member’s Bill on the subject that she has raised. We recognise that losing a baby at any stage is incredibly difficult, and we encourage employers to be compassionate. There is no statutory entitlement to leave for women who lose a baby before 24 completed weeks of pregnancy, but those who are unable to return to work may be entitled to statutory sick pay, and women are protected against workplace discrimination due to any pregnancy-related illness, including illness caused by miscarriage. That protection extends to two weeks after the end of the pregnancy.

Copyright (Rights and Remuneration of Musicians, etc.) Bill

Angela Crawley Excerpts

Friday 3rd December 2021 Commons Chamber

[George Freeman]

By “industry” I meant the whole industry, including the musicians who are key to it. The hon. Lady can rest assured that we will not just be talking to the record labels or the streaming companies; we will be listening to artists and musicians as well. We are keen to hear from people who have profited from the existing system, and from those who have not. We recognise what my right hon. Friend the Member for Maldon (Mr Whittingdale) referred to as the value gap. We want to hear from everyone who is affected by this issue, across the music spectrum, not just the bands that we have heard about but singers, session musicians, and all the other individuals who are affected.

I know that others want to speak—

[Angela Crawley (Lanark and Hamilton East) (SNP)]

On a point of order, Mr Deputy Speaker. It is clear that the Government are intent on talking out all the remaining Bills, which is a great shame. My Miscarriage Leave Bill has led to more than 20,000 signatures to a petition calling on the Government to introduce three days’ paid miscarriage leave. It is with all those campaigners and all those affected by miscarriage and pregnancy loss in mind that I wish the Government would listen closely to what I have to say. On behalf of the campaigners and the many other voices across the country, and given the support for the Bill on both sides of the House, I ask the Government to allow it to be considered in more detail at a future date.

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Lady for her point of order. As she can see, a number of people wish to speak. This is an important debate, but many of the other Bills on the Order Paper are important as well. As we have seen, there are ways of ensuring that if time is not made available for Bills, progress is sometimes made through discussion between Members and the Government. However, the hon. Lady has certainly made her views known, and they are on the record.

I call the Minister.

Oral Answers to Questions

Angela Crawley Excerpts

Tuesday 19th March 2019 Commons Chamber

[Patrick Grady (Glasgow North) (SNP)]

2. What recent discussions he has had with the Chancellor of the Exchequer on fiscal support for businesses based in Scotland making preparations for the UK leaving the EU.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

8. What recent discussions he has had with the Chancellor of the Exchequer on fiscal support for businesses based in Scotland making preparations for the UK leaving the EU.

[The Secretary of State for Business, Energy and Industrial Strategy (Greg Clark)]

I have regular discussions with the Chancellor about support for businesses in Scotland, as well as in England, Wales and Northern Ireland. As the hon. Member for Glasgow North (Patrick Grady) will know, last Wednesday we announced up to £260 million for the borderlands growth deal, which is a cross-party—and clearly a cross-border—partnership that has been hailed as a game changer by all the bodies involved, including the Scottish Government. As the hon. Gentleman knows, the best way to support business in Scotland is to end the uncertainty that comes from Brexit and to join the Government in agreeing a deal.

--- Later in debate ---

[Angela Crawley]

An Ernst & Young survey found that only 8% of Scottish firms feel fully ready for Brexit. Does the Secretary of State regret his failure to accept the SNP’s and the Institute of Directors’ demands for a £750 million support service to help small and medium-sized businesses to navigate Brexit?

[Greg Clark]

No. Advice and support are available to every business across the United Kingdom, including, of course, businesses in Scotland. I work very closely with the Scottish Government. They are represented on the groups that are developing the contingency plans for a no-deal Brexit, and businesses are included in that.