Transgender Prisoners

Angela Crawley Excerpts

Tuesday 15th December 2015 Commons Chamber

[Cat Smith (Lancaster and Fleetwood) (Lab)]

I am pleased to have secured my first Adjournment debate on the issue of transgender prisoners. It is not a topic that I knew much about before my election in May, but in my seven months in this House it has certainly gained my attention.

As someone who was interested in equalities issues before entering the House, I was keen to be elected to the Women and Equalities Committee. The Committee’s first inquiry into transgender equality is expected to be published early next year and we have taken evidence on trans people in the prison system. It was at that evidence session that I first became aware of the issue that is before us in this debate. It struck me that trans people face barriers and complications at pretty much every point in their lives, but there is a particular problem in our prison system. The description that was put to me last week was that

“getting involved in transgender issues is like a reverse onion, the more you look to peel off layers, the bigger it gets!”

Research suggests that trans people are over-represented in the criminal justice system. The proportion of trans people in the prison system may be twice the proportion in the general population. Many of the offences for which trans people are incarcerated apparently involve obtaining money for privately funded gender reassignment surgery. That is an insight into the lengths to which some trans people feel they have to go to live life in their acquired gender. Other possible reasons for the over-representation of trans people in the criminal justice system include the involvement of sections of the trans community in sex working and substance misuse. However, throughout my involvement in this issue, it has been a constant struggle to find any reliable data.

The recent cases, which have been much discussed in the media, have focused attention on the policies of the National Offender Management Service towards transgender prisoners in England and Wales.

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

I thank the hon. Lady for calling this important debate. As a former colleague on the Women and Equalities Committee, I know that she is a great champion of trans issues. The Scottish Prison Service has worked closely with the Scottish Transgender Alliance to produce guidance on gender identity and gender reassignment to ensure that prisoners are placed in the estate that reflects their gender identity, regardless of whether they have a gender recognition certificate. Will she join me in calling for the UK Government to follow the Scottish example?

[Cat Smith]

The hon. Lady has pre-empted the next part of my speech. There are huge differences in the placement of transgender prisoners between the Scottish prison estate and the English and Welsh prison estate. The policy guidelines for England and Wales state that prisoners should normally be located in the prison estate of their gender, as recognised by UK law. For transgender prisoners, that is normally decided by the gender stated on their gender recognition certificate. There is some flexibility to allow transgender prisoners who do not have a GRC to be located in the estate of their acquired gender, where a case conference and multidisciplinary risk assessment determine that it is appropriate.

--- Later in debate ---

[Caroline Dinenage]

If the hon. Gentleman will bear with me I will come to that point soon, and I will be more than happy to communicate with him after the debate if I do not cover everything.

Last week I announced during Justice questions that that review will now be widened to consider what improvements we can make across prisons, probation services and youth justice services. The review will develop recommendations for revised guidelines that cover the future shape of prison and probation services for transgender prisoners and offenders in the community. It will be co-ordinated by a senior official from the Ministry of Justice, who will engage with relevant stakeholders—including from the trans community—to ensure that we provide staff in prisons and the probation service with the best possible guidance.

[Angela Crawley]

Has any consideration been given to those who identify as non-binary or non-gendered in that review and guidance?

[Caroline Dinenage]

The hon. Lady makes an excellent point. The terms of reference for the review have been published, and that refers back to the point made by the hon. Member for Lancaster and Fleetwood about the evidence learned from experience in Scotland. The review will ask for evidence and submissions in the new year, and we want that to be an open and engaging process. Everything and anything will be taken into consideration at that point.

We want to ensure that we provide staff in prisons and probation with the best possible guidance. NOMS, the Youth Justice Board, the national health service and the Government Equalities Office have already started to provide the professional and operational expertise necessary to get this right. In addition, Peter Dawson and Dr Jay Stewart will act as independent advisers to the review. Peter Dawson is deputy director of the Prison Reform Trust and has served as deputy governor of HMP Brixton and governor of HMP Downview and HMP High Down. Dr Jay Stewart is a director of Gendered Intelligence, an organisation that aims to increase the understanding of gender diversity.

An aspect of the review to which the Government have given a firm commitment is defining how we can properly record the number of transgender prisoners and offenders in the community. There are a number of sensitivities associated with this, of which the hon. Lady, who has served on the Select Committee, will be aware. The Gender Recognition Act 2004 places constraints on the recording of information about individuals who have applied for or been issued with a gender recognition certificate. Individual prisons are of course aware of those prisoners in their care who live or propose to live in the gender other than the one assigned at birth, in order properly to provide a care management plan for them that is consistent with the policy guidelines.

NOMS is currently looking at ways to facilitate the recording of information relating to transgender status through the introduction of an equality self-declaration form—to which the hon. Lady referred—to be completed by all defendants as part of their pre-sentence report. As well as obtaining other equality-related information, the use of such a form as standard would enable us to monitor the amount of self-declared transgender individuals who have received a custodial or community sentence. The resourcing and operational impact of introducing the form is being looked at right now, and I hope we will have more news on that shortly.

There has recently been considerable media interest in a number of individual cases, the reporting of which has, sadly, been rather wide of the mark in some parts. As the House will appreciate, operational issues relating to the effective management of risk and the protection of offenders mean that it would not be appropriate for me to comment on individual cases. A key issue is the privacy of individual offenders and their families. An individual’s history of offending constitutes “sensitive personal data” for the purpose of the Data Protection Act 1988, as can information on their possible transgender status. Such information can therefore be released only when it is fair and lawful to do so. The threshold is high and requires a strong countervailing public interest for the information to be disclosed. Factors relevant to that assessment will include whether the individual has given their consent for the information to be released.

In addition, under section 22 of the Gender Recognition Act 2004, it is a criminal offence for someone who has acquired information in an official capacity—including civil servants, holders of public office and employers—to disclose information about a person’s application for a gender recognition certificate or where the certificate has been issued that discloses the person’s previous gender.

Section 22 of the Gender Recognition Act also defines any information relating to a person’s application for a gender recognition certificate or to a successful applicant’s gender history as “protected information”. In most instances, it is a strict liability offence to disclose protected information to any other person if the information has been acquired in an official capacity. The exemptions to when it is an offence to disclose protected information listed in section 22 are very tightly drawn to avoid abuse and protect individual privacy. If the hon. Lady has examples of where that has not been upheld, I would be keen to know about it.

My hon. Friend the Member for Milton Keynes South (Iain Stewart) raised the death of his constituent. I have explained why there are limits to what I can say about individual cases. None the less, I wish to place it on public record that both myself in a personal capacity and the Government consider each self-inflicted death in custody a tragedy. We are committed to reducing the number of deaths in prisons, and every death is the subject of investigations by the police and the independent Prisons and Probation Ombudsman, as well as a coroner’s inquest. The safety and well-being of all prisoners in our care is of the highest priority.

I am mindful of the wide-ranging evidence put to the Women and Equalities Committee inquiry into transgender equality. It has taken some fascinating and really valuable evidence and I very much look forward to hearing its recommendations in due course.

I wish to reassure the hon. Lady of my utmost commitment to the care and management of transgender prisoners. The planned review will allow us the opportunity to focus on their needs and their well-being against the backdrop of social reform, and as part of our wider investment in the rehabilitation of all prisoners in our care.

I thank the hon. Lady for giving us the opportunity to debate this very important subject and look forward to discussing it further with her in due course.

Question put and agreed to.

Women and the Economy

Angela Crawley Excerpts

Wednesday 9th December 2015 Commons Chamber

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

Equal pay day was marked this year on 9 November. On that day, women across the United Kingdom started working for free, while men continued earning. It should be a day talked about in the history books, not a 21st-century reality. Forty-five years after the passing of the Equal Pay Act 1970, men still earn two months more wages a year than women.

I welcome the Prime Minister’s comments and his ambition to end the gender pay gap in a generation, but that must be followed by action. The reality is that unlawful maternity and pregnancy discrimination is more common in Britain’s workplaces than ever before, with 54,000 pregnant women and new mothers forced out of their job each year. Hundreds of thousands of women are employed on zero-hours contracts and in other precarious forms of employment that offer little in the way of guaranteed hours or job security. The introduction of employment tribunal fees is acting as nothing more than a barrier to female justice and a charter for rogue employers. I welcome the Government’s review of this measure and hope that they will take serious action on employment tribunal fees.

[Chris Stephens]

It was curious that the Minister did not mention tribunal fees in her contribution, even though they are clearly mentioned in the motion. Does my hon. Friend agree that asking women to pay £1,200 for a discrimination case is an outrage, and it explains why there has been a 91% drop in sex discrimination cases in this country?

[Angela Crawley]

I agree with my hon. Friend. As I said, I hope the Government will take serious action on tribunal fees, because they are acting as a barrier to women taking serious action against rogue employers in the workplace.

[Jo Stevens]

On the review of employment tribunal fees that is under way—I understand that the report is with the Minister at the moment—nothing in the terms of reference allows for consideration of the abolition of those fees. I questioned the Minister on that in a Westminster Hall debate last week. Does the hon. Lady agree that this is a gaping hole in the review’s terms of reference?

[Angela Crawley]

I agree, and I hope that the Government will take serious action and seriously consider the impact that tribunal fees have on women in the workplace. It is important for the House to acknowledge that, given the state of the economy. According to the Women’s Budget Group, women stand to lose more and gain less, especially women in low-paid work, women with children and other caring responsibilities, and women who access services that have been successively eroded in the name of austerity.

In considering the effects of the economy on women, the Scottish National party—the effective Opposition in the House—calls on the Government to recognise that their spending cuts adversely affect women more deeply than men; to understand that measures to remove services can and will drive women into a poverty trap; and to accept that the signs of economic recovery hailed by the Chancellor have in fact disproportionately benefited male workers.

The SNP welcomes the Chancellor’s decision to reverse the tax credit cuts. It must have been a tough decision for him, but it means that the constituents of Members on both sides of the House will not have to make even tougher decisions, choosing between the basic necessities of life. That is especially important to those in low-paid employment and on zero-hours contracts, who, more often than not, are women. The immediate result of the Chancellor’s reversal of his tax credit plans is that working families have far less to worry about, but there are still £12 billion of cuts in the spending review, and, ultimately, they will disproportionately affect women. The tax credit reversal means that women can worry less, but they will continue to worry as they struggle with rent and bills and are unable to keep up payments. Single mothers, raising children on their own, should not have to worry about such matters. However, I applaud the Chancellor for listening to his opponents here and in the other place, and reversing the tax credits decision.

In analysing the effects of the economy on women, we must consider the differences in employment trends according to gender. We must bear in mind that in the UK, 69% of women are employed, compared with 78.5% of men. While that difference is not overwhelming, there is a gender-related difference. Of those women in work, 8.4 million are in full-time employment and 6.2 million are in part-time work. The comparable figures for men show that the vast majority are in full-time employment. That means that 42% of the female workforce are in part-time employment, compared with 13% of men. Those figures expose massive gender inequality in the workplace. If we look more closely at the composition of women’s employment, we see that women are more likely than men to work as employees rather than employers, and are less likely to be self-employed. In fact, only 32% of all self-employed people are women.

Research carried out recently by the International Monetary Fund found that when women work, economies grow, and that economic growth is even more dramatic when the gap between women’s and men’s participation in the labour force is reduced. Given the current figures and in the absence of any increased effort to close the gender gap, we are putting our economy at a disadvantage. In 2014, figures showed that 1.1 million small and medium-sized enterprises in the UK were led by women—only 20% of the total. In October this year, it was reported that only 26% of FTSE 100 directors were female. That simply is not good enough. Women’s participation in the workforce should be safeguarded and encouraged. In short, the gender pay gap must be addressed.

The autumn statement confirmed the Chancellor’s acknowledgement that removing tax credits would not automatically correct the problem. I urge the Government to change tack and recognise that the right way to bring about economic recovery is to stimulate our workforce. In particular, they should ensure that our female workforce are protected, rather than forcing people into deeper poverty and decimating social welfare.

The £12 billion that will be cut from the welfare budget includes cuts in carer’s allowance, disability benefits and employment and support allowance. Given that child benefit is to apply only to a woman’s first two children, that will mean hardship for families, not to mention the absolutely abhorrent rape clause, which the Government have repeatedly failed to justify. The benefits to which I have referred are most frequently accessed by women. For example, 58% of carers in the UK are women; the figure rises to 60% when those who care for more than 50 hours per week are taken into account. Women make up 73% of those who receive carer’s allowance for caring for more than 35 hours per week.

In Scotland alone, there are an estimated 759,000 unpaid carers: a huge section of society. The work done by carers—people prepared to put aside their own needs to look after an ill or disabled loved one—must be recognised by all Governments. It is vital to our society, and can take up the time most people commit to full-time employment, which carers could otherwise be in.

Carers UK has found that, on top of caring for loved ones, carers are twice as likely to suffer ill health. These are certainly not the people who should be punished by the cuts to the welfare budget. In fact, we should be championing the efforts of carers in this country. When we consider the billions of pounds the NHS saves, year on year, due to the contribution and diligence of unpaid carers, it is time that the Government stood up and recognised the hard-working carers across our society. They contribute massively to our economy, a contribution that amounts to a net saving in the healthcare budget. Is this not exactly the sort of practice promoted by the Prime Minister under the concept of the big society? If so, it is unjust for the Government even to consider the removal of the carer’s allowance lifeline.

The Chancellor has again made a great deal of the economic recovery. However, the benefits of the recovery have been exclusively for men. I have spoken repeatedly in the House against the gender pay gap. At present, a woman takes home 85p for every pound earned by a man. That has a serious economic impact on working women and on our economy. Perhaps we are supposed to be pacified by the introduction of the new living wage, but it is by no means a living wage at all. As I have said, women are more often on zero-hours contracts and in part-time work, so a slight increase to the hourly wage will not help women who cannot work as many hours as men, perhaps due to caring or childcare responsibilities.

If we look at the people the Government are aiming to help, they are almost exclusively those on higher incomes. The Conservatives have cut income tax for all workers, most of whom are men, and increased the individual savings account allowance benefit for those with high savings, who, incidentally, tend to be men. The beneficiaries of the transferable tax allowance are 84% male. We have allowances for tax cuts largely for men. Where have such allowances come from? The welfare budget—in other words, services accessed mostly by women. These neo-liberal policies consistently deliver more for men than women. As the International Monetary Fund suggests, an increased gender gap restricts economic growth.

I want to highlight the fact that women are most harmed by the welfare cuts, and that the impact of austerity can be measured mostly in the loss of money in women’s purses and family budgets, and in their decreased spending power relative to men’s. I will leave the House with this thought: the report by the Women’s Budget Group stated that by equalising men’s and women’s participation rates, we could add more than 10% to the size of the economy. Let us not simply pay lip service. Let us deliver on that promise.

Personal Injury Fraud

Angela Crawley Excerpts

Wednesday 18th November 2015 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Wilson. I congratulate the hon. Member for Lincoln (Karl MᶜCartney) not only on securing this important debate but on his continued pursuit of the issue of insurance fraud during his time in the House. That included a parliamentary question in April last year to the Secretary of State for Justice regarding a judgment in the Supreme Court in a work-related injury case.

I recognise that, as hon. Gentleman said, the UK has the highest rate of fraudulent claims in Europe, which means that 11% of car insurance premiums are attributed to whiplash. I also recognise the role that nuisance calls play in inciting and inviting fraudulent claims. That is not to mention the cost to the NHS, which we across these islands want to protect and maintain.

I welcome the remarks by the hon. Member for Croydon South (Chris Philp), with whom I have not had the pleasure of debating before. He spoke of his harrowing experience and of being invited to claim, which was probably not at the forefront of his mind at the time. I also welcome the comments of the hon. Member for Strangford (Jim Shannon), who recognised that hard-working people pay the most as a result of the effect on premiums.

The Summers v. Fairclough Homes case in 2012 created the precedent that exaggerated or fabricated personal injury claims might be struck out in exceptional cases. The Government then proposed measures in 2014, which they said would mean that people would no longer be able to profit from exaggerated or fraudulent compensation claims, while victims with genuine cases could still get the help they deserved. However, as we have heard today, those measures have not gone far enough. Personal injury fraud remains an issue for our constituents.

We can define personal injury fraud broadly as any act intended to cause an insurance company to compensate for an injury that is non-existent, exaggerated or unrelated to an accident claimed for under a policy. More than 3 million people are injured in accidents each year—that experience is harrowing enough—be it in their home, in their car, at work or outdoors. In many cases, someone else is at fault, and the victims have the right to claim compensation.

As has been highlighted in the debate, however, there are many examples of injuries being overstated so that people can make a more lucrative claim, and we must clamp down on such actions. Statistics from the Association of British Insurers estimate that 59,900 out of 775,000 personal injury insurance claims related to road traffic accidents in 2013 were dishonest. If those figures are correct, it means that about 8% of claims were fraudulent.

Filing a fraudulent personal injury claim can have serious repercussions. Insurance companies can deny claims or drop coverage. Claimants can be liable to insurance companies for any money paid and for the costs involved in investigating the fraud. Criminal charges can, of course, also be brought against fraudulent claimants. Perhaps, however, that is not really tackling all the problems.

The effects of fraud are felt not just by those committing it on the off-chance they are caught out. The Association of Chief Police Officers estimates that fraud represents a £20 billion annual loss to the UK—the equivalent of £330 for every person in the country.

[Julian Knight (Solihull) (Con)]

I thank the hon. Lady for giving way. She is making a sound case and an interesting argument. I also congratulate my hon. Friend the Member for Lincoln (Karl MᶜCartney) on securing the debate.

Perhaps the hon. Lady would be interested in the example of Sweden, which has found that the cost of whiplash injuries to insurers, and therefore the public, can be limited by restricting—time-barring, effectively—the time within which a claim can be put in to three to four days after the accident. Perhaps a week or two weeks would be a better proposal for time-barring people in the UK.

[Angela Crawley]

I welcome the hon. Gentleman’s comments. I recognise what he says about a limit on the length of time for making claims, but not every person might be able to claim within two weeks of experiencing an accident. We must consider such issues, but I do welcome the point that other European countries have imposed all manner of limits, sanctions and bans that have resulted in fewer claims.

As I was saying, the cost of fraud is equivalent to £330 for every person in the country, which is an astronomical figure that we should not impose on our constituents. However, in taking action against fraudulent claims, we must make sure we tread carefully.

Between 2008 and 2011, 1.9 million motor injury claims were made in England. In the same period, 75,000 claims were made in Scotland. That amounts to 25 times more claims being made in England than in Scotland. Given my legal experience, I acknowledge that protections must exist for individuals who have experienced accidents, and they should have the right to seek damages.

The current law does allow for some effective sanctions. Harsh judgments against those found to have claimed fraudulently act as a deterrent to others. Lower damages can be awarded for the non-fraudulent part of the claim, an action routinely imposed for punitive and deterrent reasons. Adverse costs orders can be applied in most cases, wiping out or even exceeding the value of any award. Contempt of court applications can be brought, leading to imprisonment. Criminal proceedings can be brought against those who bring fraudulent cases, leading to heavy fines or imprisonment. Those deterrents against personal injury fraud mean that our court systems already have the power to punish and deter fraudulent claims. We must make sure that any change to legislation does not impede fair settlements, access to justice or the efficient functioning of our courts.

Maternity Discrimination

Angela Crawley Excerpts

Tuesday 3rd November 2015 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Bailey. I congratulate my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing this important debate, which allows us to highlight the issues faced by pregnant women in the workplace. Legislation has been in place for more than 40 years to protect women from unfair dismissal because of pregnancy. Since then, maternity rights legislation has been strengthened, protecting women from any unfavourable treatment in the workplace.

As a woman has the right to 52 weeks’ leave and 39 weeks’ statutory pay, and the right to return to work after that time, she has the choice to start a family without sacrificing her career. Although the law in this country has created an environment that is fair, balanced, sensible and manageable for recent and expectant mothers, that is not always how the law is interpreted, and women often experience maternity and pregnancy discrimination. Despite the protection written into law, in practice the facts are less clear, and the evidence shows that the laws are often flouted. Often, pregnant members of the workforce are coerced into agreeing to waive their rights. Unfair dismissals often go unchallenged in the legal system.

A recent report outlined women’s experiences. One woman was given 24 hours’ notice to resign. The boss of another woman assumed that, as she was pregnant, she was unable to cope. Yet another woman commented that she was unable to wear her engagement ring because she was concerned that it would put her future employer off giving her a promotion, or even giving her the job in the first place. One woman said:

“It’s hard to make a stand when you need a salary”.

Those are the experiences of women in the workplace. Although the laws and protections exist, many women are not able—or feel they are unable—to access and make use of them. With half the workforce likely to fall pregnant at some point in their career between the ages of 16 and 50, it is high time that our society recognised the deeply entrenched and outdated situation that many women face in their employment. Women who choose to balance work and family face huge inequalities.

A report published this year by the Department for Business, Innovation and Skills in conjunction with the Equality and Human Rights Commission found that instances of unlawful maternity and pregnancy discrimination have slightly worsened over the past decade. As my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East mentioned, the findings are that the scale of the issue is huge: figures indicate that 54,000 pregnant women and new mothers are forced out of their jobs. However, the Alliance Against Pregnancy Discrimination in the Workplace indicates that the figure may be closer to 60,000 women. This equates to one in nine women being forced out of work for choosing to have a child. Of the women surveyed, one in six reported suffering a negative impact on health or stress levels due to poor treatment at work. Of course, existing pressures are only exacerbated by pregnancy and maternity discrimination. How does a woman with fluctuating working hours and an unstable employment contract defend herself against a discriminatory employer?

Hundreds of thousands of women employed in social care, childcare and hairdressing have indicated that they were employed on zero-hours contracts and in unstable forms of employment. As such, they were offered little security in their employment and were therefore unable to challenge the discrimination they faced in the workplace. It is our job to flag up the widespread societal issues that have led to this situation. We must ensure that our laws are fit for purpose; that is not the case at present, in the case of legal aid for maternity discrimination cases. The supply of free legal advice has been severely reduced by funding cuts and the abolition of almost all civil legal aid. I mentioned that recently at Women and Equalities questions, and I am pleased to hear that the matter will be reviewed, so I will not take this point any further.

For any women to progress in their careers, it is important for us to smash the gender pay gap, tackle child poverty and deal with some of the real societal issues. It is impossible for any change to come into effect without the support of Ministers. We need to send a strong message to employers that there is simply no excuse for flouting the law on pregnancy and maternity discrimination, and we must ensure improved access to justice by abolishing employment tribunal fees. As things stand, we are damaging families, diluting gender equality, and doing no favours to the economy. However, this will not be resolved simply through legislation. We need engagement and provision across services and Departments. I urge the Minister to take action, to meet with Maternity Action and others, and to indicate when the report will be published that addresses these concerns.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Women and Equalities and Family Justice (Caroline Dinenage)]

It is a great pleasure to serve under your chairmanship, Mr Bailey. I also congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing this important debate. Let me be absolutely clear from the outset that pregnancy and maternity discrimination, whether at work or when seeking access to services, is unlawful and completely unacceptable. We have all been shocked by some of the experiences highlighted in the joint Government and EHRC interim research report on this problem in the workplace and by the stories we have heard via the blog and, indeed, today such as the story of Aisha, which was raised by the hon. Member for Lancaster and Fleetwood (Cat Smith). Those stories reflect badly on the employers concerned.

When the interim report was published in July, I was horrified that one in eight women reported that they felt that they had to leave work as a result of their pregnancy or maternity leave. It is clear that far too many women feel that they face unacceptable treatment in the workplace, causing additional stress and difficulties at what, as the hon. Member for Glasgow Central (Alison Thewliss) quite rightly said, should be an exciting and happy time for their family.

The Chairman of the Women and Equalities Committee, my right hon. Friend the Member for Basingstoke (Mrs Miller), rightly said that it is not difficult for employers to understand, implement or comply with the legislation. The report shows that most mothers feel supported by their employer—four in five mothers said that their employer supported them during pregnancy, and three in four of those returning to work said that their needs as a new mother were met. It is encouraging that, despite the bad stories, most employers, such as the hon. Member for Strangford (Jim Shannon), embrace their legal and moral duties to their employees. It is good news that most women have a positive experience during and after pregnancy.

It is also important to recognise that the vast majority of employers believe it is important to support pregnant women and those on maternity leave. More than four in five employers feel it is in the interest of their business to do so, and of course it is. Although it is reassuring that the vast majority of employers recognise the important contribution made to their organisation both by pregnant women and by mothers returning from maternity leave, it is still nowhere near the 100% that we want. So many mothers do not have a good experience, and we must do all we can to ensure that all employers see the benefits to their organisation of having a diverse workforce.

To address the problem effectively, we need to understand the causes and extent of pregnancy discrimination in our workplaces, which is why in 2014 the coalition Government commissioned an extensive research project into perceived pregnancy and maternity discrimination. It is the largest research project of its kind undertaken in Great Britain, and it is interviewing more than 3,000 employers and 3,000 employees. The final report, which will come out later this year, will tell us what issues women face, who is most at risk and which types of employers are most likely to receive complaints about discrimination. We will use that information to decide our next steps to ensure that both employers and mothers are aware of, and act on, their legal obligations and rights.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East is right to say that access to the correct advice is a key priority. In the meantime, the Government have ensured that support is available both to mothers and employers on their rights and responsibilities. The EHRC has produced guidance in the form of frequently asked questions to help employers to understand their legal obligations and to provide suggestions for good practice in managing pregnancy, maternity leave and return to work. The EHRC has also produced a toolkit for employers, with a stock of pre-prepared letters, checklists and ready-made policy templates to make administration as simple as possible.

More generally, some £49 million has been provided to the EHRC, ACAS and the Equality Advisory and Support Service as part of the Government’s commitment to support both employers and employees. The EASS helpline is available for those who may have a discrimination issue, often outside the workplace, such as women who feel that they have faced unlawful restrictions on breastfeeding in public. The helpline provides in-depth free advice and support, helping individuals to solve their problems informally, and covers England, Scotland and Wales. More than 80,000 individuals have been helped to date.

ACAS provides advice both to employers and employees on pregnancy and maternity discrimination, including specific guidance on breastfeeding at work. ACAS is also developing guidance and products in relation to gender pay reporting and the menopause. It has also published new guidance on equality and discrimination, equipping people with the knowledge and ability to take action to avoid discrimination and to respond to it if it occurs. Of course, we must not forget the excellent work of organisations such as Maternity Action and Working Families to support employers and women while pregnant and on maternity leave.

Employment tribunal fees were introduced to cut the burden on taxpayers and encourage parties to seek alternative ways to resolve their dispute. It is not right that hard-working taxpayers should pick up the entire bill of some £71 million for employment disputes and tribunals, but to protect the lowest paid workers, there is a system of fee remissions under which fees may be waived in part or in full for those who qualify.

We have also taken steps to divert people away from potentially acrimonious tribunal hearings where possible, which is important. Under the new early conciliation scheme, people must notify ACAS of their intention to lodge an employment tribunal claim, and they are then offered an opportunity to settle their workplace dispute without going to court. The scheme has already been used by more than 80,000 people in its first year, and 56% of complaints in the “suffered a detriment or unfair dismissal—pregnancy” category were settled through the ACAS early conciliation process. ACAS services are free of charge, making it a cheaper, quicker and less stressful option for all concerned.

On 11 June 2015, the Government announced the start of the post-implementation review of employment tribunal fees. The review is well under way and will be completed in due course. Among other things, the review will consider the impact of fees on particular groups, including women. The EHRC report will be taken into consideration. The review will broadly consider how successful the policy has been in achieving its original objectives, which will include, so far as possible, whether the fees have had any differential impact on people with protected characteristics and the types of cases they bring.

The hon. Gentleman also mentioned compliance and tribunal award payments, which are clearly unacceptable and are something that the Department for Business, Innovation and Skills is currently evaluating. We want everyone in our society to fulfil their potential, and we cannot afford to waste the talents of half our population. Addressing discrimination is only part of what we are doing to ensure that women are able to make the most of the opportunities available to them. Our ambition is to end the gender pay gap within a generation. There are now more women-led businesses than ever before, a record number of women in work, and the gender pay gap is at an all-time low. Do not take that as complacency; there is more to be done. That is why we will require large employers to publish information on the difference between men and women’s pay, and last week the Prime Minister announced that we will ensure that large employers regularly report on bonuses as part of that gender pay reporting.

[Angela Crawley]

I appreciate the Minister’s point about large employers, but the vast majority of people work for smaller companies with fewer than 250 employees. Has she considered that those people will be equally affected?

[Caroline Dinenage]

Yes, absolutely. I ran a small business for more than 20 years from the age of 19, and I think a culture change is required. We need to secure that change in large companies that can afford to do the gender reporting and can afford the posh websites on which to report it. We hope that will bring about a culture change that filters down, but we will keep it under review. Nothing is off the table.

The measures build on our support for working families. From September 2017, we will double the amount of free childcare to 30 hours a week for working parents of three and four-year-olds, which will be worth around £2,500 a year. Some 1.8 million families could also benefit from the new tax-free childcare scheme from 2017, which will be worth up to £2,000 a child. We will extend shared parental leave and pay to working grandparents. The policy, when implemented in 2018, will support working parents with the cost of childcare and help the 2 million grandparents who have given up work, reduced their hours or taken time off to help with childcare. That is in addition to the families who are already benefiting from shared parental leave, which was introduced earlier this year. We need time to assess the impact of shared parental leave, which will of course be reviewed in due course. We need a cultural change so that the chaps understand that they have an equal responsibility for childcare. We will also introduce a national living wage.

The Government are committed to ensuring that everyone, regardless of their gender, ethnicity, age or background, is able to fulfil their potential, which is why we are determined to address pregnancy and maternity discrimination, wherever it may arise. This issue affects us all. It is not only utterly reprehensible that women feel they have experienced discrimination in the workplace, but it represents an unacceptable loss to our country’s productivity. Valuable employees are being misused. I was interested to see the digital debate on Twitter yesterday, using #MothersWork. Many useful points were raised in that debate, as well as in today’s debate, and they will all be taken into consideration. I am more than happy to meet Maternity Action, and I am pleased to see so many colleagues from both sides of the House agree that maternity discrimination is an important issue. I look forward to reading the final report.

Cremation of Infants (England)

Angela Crawley Excerpts

Wednesday 8th July 2015 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Howarth. I welcome the opportunity to contribute to today’s business and thank the hon. Member for Shrewsbury and Atcham (Daniel Kawczynski) for securing such an important debate.

I offer my sincere condolences to the families affected by these tragic circumstances. No parent’s grief should be compounded by the system that is in place to help them. It clear from today’s exchanges that this House and this Government must do all they can to ensure that this never happens again. Losing a child is an extremely traumatic experience and it is crucial that families are treated sensitively and given the support and information they need.

I place on the record my appreciation for the campaigners’ work in bringing this scandal to light, and hope that we can all learn lessons from the inquiries that are bound to follow. In particular, I offer my thanks to Glen Perkins, the campaigner who formed the Action for Ashes organisation and delivered a petition containing 61,000 signatures to the Prime Minister’s residence. To fight such an organised campaign in the face of such traumatic loss is commendable.

I assure the Minister that my motivation for engaging in today’s debate is not political; now is not the time for point-scoring. I offer my experience and the experience of my colleagues in the Scottish Government. If the Minister is open to learning from our experience of the Mortonhall inquiry, I may further educate the Government’s future inquiries, because it was only last year that we faced the same devastating situation in Scotland.

Stories of families losing their babies and being mistreated by local authorities were at the centre of the conversation across the country. It was heartbreaking to witness the events unfold and see how malpractice at crematoriums had impacted families’ right to grieve. The families’ pain is still real and the grief is still there, but because of decisive action from the Scottish Government, I am confident we will never find ourselves in this situation again.

The Scottish Government established the Infant Cremation Commission, chaired by the esteemed and independent former senator of the College of Justice, Lord Bonomy. The Commission’s report told us that there were variable practices across the country and that, in many cases in the past, the interests of the baby and the bereaved family had not always been put first.

The report was an important stepping-stone in resolving this problem and providing much-needed answers to the families involved. The Infant Cremation Commission made important recommendations to ensure that never again will any parent have to experience the pain of not knowing what happened to their baby’s ashes. It made 64 recommendations and the Scottish Government agreed to all of them. In fact, they implemented the proposals as quickly as they could, without waiting for new legislation to be passed.

That included establishing a national committee tasked with implementing other recommendations in the report, including the development of an overarching national code of practice; allowing parents to be represented on the national committee; appointing an inspector of crematoria, which they did in March this year, to ensure a route is in place for anyone who may have a concern about how a cremation is conducted; and consulting on a Bill to implement the legislative recommendations. The Scottish Government also established a national investigations unit led by Dame Elish Angiolini, the former Lord Advocate, to investigate cases where parents are seeking answers to questions about what happened to the ashes of their own child. Although they have never ruled out a public inquiry, a national cremation investigation will look into every individual case, delivering more for parents more quickly than a public inquiry could. Perhaps this is a route the Minister could investigate.

I direct the Minister to the comments of her Scottish Parliament colleague, Jackson Carlow, the Scottish Conservatives’ deputy leader:

“The Scottish Conservatives have previously called for a public inquiry, but in the light of the reports…we are now persuaded that, although a public inquiry should never be ruled out, the best possible hope for parents who seek a resolution of their personal circumstances lies with the independent national investigation team.”

The Scottish Government have also made up to £100,000 available for counselling services for parents affected who are most in need of support. I am sure this Government will make a similar commitment to ensuring that we do not witness a reoccurrence, and that consideration is given to the journey the Scottish Government has taken on this issue, which might help the UK find its own path in giving help and reassurance to families.

I close with a quote from one of my constituents, who lost their three-day-old son Lachlan, on the family’s reflecting on the short life of their loved one and on their experiences at Glasgow crematorium:

“This is exactly what we wanted. All parents deserve an answer, all families deserve an answer and that’s what we’re going to get out of this investigation.”

I hope the Minister’s actions and the actions of her Government will deliver the same result for the parents of William, Jordan and other children.

Human Rights Act

Angela Crawley Excerpts

Tuesday 30th June 2015 Westminster Hall

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

I thank the right hon. Member for Orkney and Shetland (Mr Carmichael) for bringing this debate to the Chamber. It is important to recognise the significant journey that human rights law has made in recent years, but such developments speak volumes about the necessity to ensure that all protections are given to individuals in society.

It speaks volumes about the Government’s priorities that they would rather unravel the substantial and important progress that has been made than protect and enhance people’s rights. They would rather ignore the voices echoing from the Opposition Benches on austerity, tackling poverty and building a fairer society, and instead focus on a narrowly defined British Bill of Rights. Meanwhile, those of us elected to champion the voices of our constituents are faced with ensuring that individuals can face a challenging job market that rewards big business while the poorest in our society struggle to put food on their table to feed their children. Is this really the priority of a Government faced with real challenges here in the UK?

It is true that one of the most important roles of any Government is to ensure the safety of their citizens, but where do we draw the line between security and the infringement of people’s liberty and rights? Although I concede A. V. Dicey’s principle of sovereignty that suggests that Parliament may

“make or unmake any law”,

perhaps we could imagine for a second that even Dicey might call into question the balance of the rights of citizens and that it ought not to be undermined by the belief that a currently undefined British Bill of Rights could provide any more guarantees or protections of the rights of citizens than the Human Rights Act.

We ought to focus on enhancing and improving the existing Act to ensure that the rights and responsibilities of citizens are not neglected but respected. A British Bill of Rights raises serious concerns and costs, which the right hon. Member for Orkney and Shetland has already raised. Such a Bill would inevitably weaken the existing human rights safeguards and protections, most likely affecting the most vulnerable citizens in our society.

It is easy to take for granted the European convention on human rights and the crucial protections that is has guaranteed thus far, but we must remember the important role played by the 1998 Act and the rights that it has guaranteed. Victims of domestic abuse have received better protection. Victims of rape have been given proper police investigations. Disabled individuals who have been affected by the welfare reforms imposed by the Government have the right to challenge legislation that they deem unfit and unfair—most notably the bedroom tax. Social housing tenants have the opportunity to challenge decisions that affect their right to safe and secure housing. Members of the LGBTI community have overcome discrimination. Families of military personnel killed on active service have been given recourse for the supply of the out-of-date equipment that has cost lives and affected the loved ones left behind.

For all the reasons I have outlined, we must protect the European convention on human rights. We must strive and continue to be a tolerant, compassionate and equal nation, with a progressive and outward vision in a global context.