Ministerial and other Maternity Allowances Bill

Baroness Hussein-Ece Excerpts

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

[Baroness Hussein-Ece (LD) [V]]

I, too, welcome the Bill, which is long overdue in seeking to right a wrong and an anomaly that has been ongoing for some time. However, as has been acknowledged, it is extremely narrowly focused. It ignores the lack of provisions for all MPs and throws up wider implications concerning the lack of protection for others. It is clear that it does not go far enough. The timing and political urgency have dictated that the Bill is rushed through, but there is disappointment that this opportunity was not used to put right other wrongs and anomalies, and it has highlighted the lack of protection for thousands of others.

The lack of an equalities impact assessment, as mentioned by the noble Baroness, Lady Gale, is very disappointing, given the subject of the Bill. This would have allowed further consideration and a wider assessment that could have included all MPs, parliamentary staff and, as has been mentioned, local councillors in the round. I look forward to that and the wider issues that have been thrown up today being addressed when the new legislation, which we have heard about, is introduced. It could also seek to address the need for greater and better representation in public life than we have at present.

The Minister in the other place admitted that the beneficiaries of the Bill are indeed very narrowly defined. She went on to say that, although adoption leave and shared parental leave were important provisions, they had not been included in the Bill, as they

“require further consideration in the wider constitutional context.”—[Official Report, Commons, 11/2/21; col. 528.]

That is disappointing. However, she said that the Government would swiftly bring back proposals to address outstanding parental leave issues. I was going to ask the Minister what “swiftly” meant, but he said in his introduction that such proposals would be brought back by the Summer Recess, and I welcome that.

It is right that the Bill will change the law to allow the Attorney-General to take maternity leave—I wish her well in the birth of her child—but I hope it will ensure that the Government show commitment to strengthening the employment rights of all pregnant women and new parents across the UK. The Government also need urgently to take a serious look at the unacceptably low basic rate of both statutory maternity pay and maternity allowance, which, as has been mentioned, are a paltry £151.20 a week—less than the national minimum wage for a 35-hour week—especially while thousands of pregnant women are losing their jobs during this pandemic.

The impressive speed with which the Government are acting to ensure that the Minister is able to take paid maternity leave is in contrast with the failure to act on previous commitments to enhance legal protections for pregnant women and new parents in the workplace, especially in the current climate. It is quite shameful that the United Kingdom ranks 22nd out of 24 European countries, lagging way behind many other countries.

The Government have yet to take action on their commitment back in January 2017 to strengthen legal protections against redundancy for pregnant women and new parents. When are these likely to be brought forward? It also remains an anomaly that the Bill requires a pregnant Minister to seek the Prime Minister’s permission or discretion in order to take maternity leave. It does not create a right to maternity leave. I would like some assurance that there will be concerted action to address questions around adoption, surrogacy and other issues that may well arise in the future.

It is good and positive that the Government have found time for a Bill for one woman, but they should be able to find time to follow this up and bring forward a Bill to help many thousands of others. This is particularly important in the current pandemic, when pregnant women are not covered by the furlough scheme, despite guidance that pregnant front-line staff, particularly in the NHS, are vulnerable to Covid-19 beyond the 29th week of their pregnancy. It is reported that many thousands of pregnant women are unlawfully being sent home on sick pay or unpaid leave. Last October, the TUC, Maternity Action, the Royal College of Obstetricians and Gynaecologists and the Royal College of Midwives called on the Chancellor to adapt the furlough scheme to protect working women who are more than 28 weeks pregnant. It has been reported that there has been no response, despite a reminder in January. Will this be taken back and responded to as a matter of urgency?

Concern has been expressed about the gender-neutral language used in the Bill. I have received correspondence about it, and I am sure that other noble Lords have as well. People are raising their concerns with us. All legislation is framed using gender-neutral language, as is this Bill. The Minister’s letter said that the guidelines had been amended accordingly to refer to the Minister in question and that “pregnant women” would continue to be referred to in government publications alongside gender-neutral language, as appropriate. The noble Baroness, Lady Noakes, said that that is not true, and others are also saying that that is not the case. There is some confusion over this, and I look forward to clarification when the Minister responds. Given that we expect gender-neutral language to be inclusive, I would be happy to be able to use “pregnant women”—we have used it throughout this debate—alongside other gender-neutral language as appropriate.

The Government have done the right thing for the Attorney-General and other Cabinet Ministers and opposition spokespeople. Now, they need to put right the completely wrong and unequal situation experienced by the rest of the women and new parents in this country.