Parental Bereavement (Leave and Pay) Bill (Second sitting) Debate
Full Debate: Read Full DebateDavid Linden
Main Page: David Linden (Scottish National Party - Glasgow East)Department Debates - View all David Linden's debates with the Department for Business, Energy and Industrial Strategy
(6 years, 9 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Mr Gray. I warmly commend the hon. Member for Thirsk and Malton for proposing this Private Member’s Bill. I also pay tribute to the hon. Member for Colchester, who proposed a similar Bill in the last Parliament. I am glad to see that the Bill has finally got Government support. I congratulate the Minister on his appointment to his post—we have had an exchange in the Chamber only this afternoon.
I rise to speak to amendments 3 and 10 in the name of myself and my hon. Friends the Members for North Ayrshire and Arran and for Paisley and Renfrewshire North. I also support amendments 11 and 20 in the names of the hon. Members for North West Durham and for Eddisbury. As my hon. Friend the Member for North Ayrshire and Arran set out, we in the SNP believe that this is fundamentally a good Bill. We welcome it, although we feel it could be strengthened to go even further.
Before speaking to the amendment, I pay tribute to Shaun Walsh of Together for Short Lives and Priyanka Patel of CLIC Sargent, who were both kind enough to brief me about the Bill and other issues, particularly those relating to children’s palliative care. I have been fortunate to visit CLIC Sargent’s social work team at Southern General Hospital in Glasgow, in my constituency.
Broadly, my interest in the Bill stems from two reasons. First, I have a longstanding interest in children’s palliative care policy. I declare an interest, as my mother is a children’s palliative carer for Icare Scotland. My second reason stems from my personal experience of becoming a father. Originally, my wife Roslyn and I were led to believe that having children would be very difficult, if it was possible at all. In February 2015, after some blood tests, we were told that Roslyn was in fact 19 weeks pregnant, and that due to her Type I diabetes it would be an incredibly complex pregnancy. Essentially, every time my wife injected insulin, which is required to keep her alive, our baby grew bigger; and as a result, so did his chances of dying. A couple of weeks later we were called in to Southern General Hospital and told that, due to the increasing size of our son, we had to brace ourselves for the possibility of a stillbirth. It was the hardest conversation we have ever had with anybody in the medical profession and as a married couple; it felt as though a train had hit us.
In the end, our son Isaac was born, almost two months premature and significantly overweight. He spent the first two weeks of his life in intensive care at Southern General Hospital, before moving on to special baby care. The doctors, nurses and staff at Southern General could not have been more loving and supportive. I know that all of us in this room have nothing but admiration and respect for the national health service staff who look after us. Many Members of this Committee have already shared their own deeply personal experiences of losing a child and I am incredibly mindful of the fact that our wee boy pulled through. For that I am nothing but thankful to God. It was during the darker times of being told to prepare for a stillbirth, and when Isaac was whisked away to intensive care after his birth without us, that we were left in shock and contemplating what losing a child could be like, on every level possible—be that practical or emotional. It is for that reason that we have come together on the Committee to ensure that a good Bill becomes an even better law.
Amendment 3, in my name and those of my hon. Friends the Members for North Ayrshire and Arran and for Paisley and Renfrewshire North, would extend the period within which bereavement leave must be taken from 56 days to 52 weeks. The rationale behind the amendment is to give more flexibility to parents who lose a child. Through my fundraising work with children’s hospices across Scotland, I have had the opportunity to visit Robin House in Balloch and meet parents whose children have a life-shortening or life-limiting condition. I have also spoken to families who have experienced the loss of a child. One of the clear messages and asks they have of us as policy makers and legislators is to allow more flexibility in when they can take bereavement leave.
My friend, Maria McGill, the chief executive of Children’s Hospices Across Scotland, often speaks of the importance of marking a child’s birthday and other such anniversaries, which is a significant part of the grieving process. If the Committee agrees to the amendment, parents would have more flexibility in the first year, rather than the first month or two, following their child’s death. In the grand scheme of things it would not cause a lot of difficulty to employers, but it would make a massive difference to families who have experienced bereavement.
The amendments in this group seek to make a good Bill and a better law. I ask the hon. Member for Thirsk and Malton, and all right hon. and hon. Members, to support amendment 3 in particular.
Thank you for your continued chairmanship of this important Committee, Mr Gray. As I was listening to hon. Members debate these issues, I was thinking about how in this Committee it feels like we are never more than a word away from a tear. The palpable emotion we all feel in the room is powerful. I strongly commend all hon. Members who lay themselves bare by talking about their personal experiences; I know it is not easy at all.
From the hon. Member for North Ayrshire and Arran, it is easy to see the pain that remains. My hon. Friend the Member for Eddisbury introduced me to this issue when she spoke so movingly in the Chamber, as have my hon. Friends the Members for Banbury and for Colchester. Even last week, we saw the emotion of the hon. Member for Washington and Sunderland West (Mrs Hodgson) when, in the debate on the Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill, she spoke about the loss of her child.
As you know, Mr Gray, my wife is seven months pregnant. We are overjoyed at that prospect, although Mrs Griffiths is getting slightly more uncomfortable and is daunted by the imminent arrival of Griffiths Jr. This debate makes us think about things we do not want to contemplate, and it is brave of hon. Members to lay themselves open to that. As Members of Parliament, we have little privacy these days. We regularly feel as though our every movement is laid bare to the public—we cannot even fall asleep in a hotel without someone taking a picture and putting it on Twitter.
To the point of the matter, I understand what colleagues are trying to achieve in the amendments. The period of time in which leave is taken, which amendments 3 and 20 seek to address, is key to getting the framework right. The time needed by each individual will vary according to their own way of dealing with the grief that comes from the loss.
As my hon. Friend the Member for Thirsk and Malton said, there is a balance to be struck, and I understand my hon. Friend the Member for Colchester when he says that we need to strike a balance between flexibility and certainty. I believe his approach to the Bill has been always to mirror existing provisions in legislation so that we do not create precedents, to ensure a smooth passage for the Bill. That is the right approach. It eliminates a lot of difficulties that might be the unintended consequence of what we agree in Committee. It also makes it easier for officials, business and the general public to understand the marrying of rights. In that respect, I agree that maintaining the suggested timeframe of at least 56 days, to maintain consistency with the other provisions, is a sensible approach.
However, I recognise that it would not be right if sticking to 56 days meant that the provision in this Bill did not do what we intend it to. The reason we are here today is to ensure that the leave suits and supports the bereaved parents and allows them what they need to grieve properly. For that reason, it is absolutely correct that we consult on this matter.
I know that the hon. Member for North West Durham would point to the fact that this is yet another consultation; pursuant to my urgent question earlier we had some exchanges on the merits or otherwise of consultation, but I want to be clear with members of the Committee about what the consultation is. It is our intention to launch the consultation in May, and I make a pledge to the members of the Committee that if they agree to it, it will report before Third Reading of the Bill, so that all members of this Committee and all Members of the House will be able to assess the consultation and see the range. Even in this room today we have a range of different views about how long the time should be.
We want to get it right and ensure that the time we put on the face of the Bill is the right time. Within that consultation, we will be able to talk to all the groups that have been mentioned today, and others, to get a proper understanding of the best timescale in which to deliver this.
I am sure the hon. Lady will accept that, obviously, I cannot write a blank cheque. If the consultation came back and suggested something that was simply unworkable or impracticable, of course I could not commit to that. What I can commit to is that the process will be open and transparent, and that all hon. Members will be able not only to contribute, but to see the evidence that is presented. It will be open and transparent.
Given what the Minister is saying about the consultation process, will he give us a timeline on that, particularly for those members of the Committee who have been asked to withdraw amendments?
As I say, we will launch the consultation in May and it will report well in advance of Third Reading. If, at Third Reading, hon. Members are not satisfied with what we have agreed to on the consultation, they will be able to table amendments and we can have the debate on the Floor of the House. We can have a Division, and the whole House in its entirety can decide which of those dates—
Well.
I pay tribute to all Members who have shared their experiences of the tragic loss of a child, and who are using those painful experiences to make such a traumatic and tragic period just a little bit easier for those who follow them. Sadly, just under a fortnight ago, along with hundreds of others in Renfrew, I attended the funeral of little Layla Greene, who at just three years old was one of the latest victims of the scourge of childhood cancer. The Minister was obviously correct earlier on. Her parents had been told that she had weeks and months to live, so as a community we fundraised to help make memories for Layla and her family. Sadly, she was only to live for just one more week, but we will continue to fundraise in her memory.
Anything that we can do to reduce any unnecessary stress on families such as Layla’s is not only something that we should do but something that we must do. I speak to amendments 3 and 10 not only because I think they are the right thing to do, but because of my experience as both an employer and a friend. I obviously cannot speak as powerfully, or share deeply painful and personal experiences, as my hon. Friend the Member for North Ayrshire and Arran and others have.
Similar to my hon. Friend the Member for Glasgow East, my interest in this issue stems from a close-run thing. My wife had to give birth to my oldest daughter six and half weeks prematurely, by emergency caesarean. We were the lucky ones because thankfully, they are healthy, but since then I have been interested in trying to advance these issues.
Having said that, unfortunately I have shared the pain of friends who have had to go through this experience. One of those friends was an employee. I struggled to separate my roles of friend and boss. I was somewhat constrained in the paid support that I could technically offer within the company’s employment regulations at the time. I could offer her as much unpaid leave as I saw fit at my discretion, but ultimately, that does not pay the bills.
In many ways, if we are honest, two weeks is a totally inadequate period of time in which to recover from the death of a child sufficiently to return to work. I tried to find ways around it, whether through holiday pay or sick pay, which from memory was £85 a week—it is not much more now. She was signed off for periods as well, although she did not want to do that. Financial distress is the last thing that anyone needs on top of the most traumatic experience of their life, so the premise of paid leave is a very good thing.
To address the flexibility issue raised in amendments 10 and 3, I would say that people deal with trauma in different ways. No one will ever forget such a traumatic experience, but I am told by my friend that after a time, it was possible to compartmentalise, to work and to concentrate on the job at hand. Others will go through periods of struggling to cope after returning to work and might need time off as a result. Flexibility about the period in which people can take any leave might suit a lot of parents in this situation.
As has already been outlined, another reason is to ensure that paid leave can be taken around significant dates. For example, my friends visit the grave marker at specific points every year. Anything that helps to make those difficult journeys that bit easier is to be welcomed.
The compassionate leave policy at my old employer has significantly improved, and that is the case at many employers in the UK now, but it is our job in Parliament to ensure that everyone is covered appropriately.
In the light of what the Minister has said, and of the consensus and good will on both sides of the Committee—this is the first time I have served on a private Member’s Bill Committee, although I have served on Government Bill Committees before—I will not press amendment 3. I look forward to the Minister coming back with the consultation.
As has already been said this week and last week, we are all treading very carefully on broken glass. We are terrified to do or ask for the wrong thing, in case it upsets the whole apple-cart. I draw comfort from the fact that the Minister is not saying no. From what I understand, he is saying not yet.
I am really hopeful that we are still in the process of shaping the final Bill, and I draw great comfort from my sense that the Minister and everybody here wants this to be the best Bill possible. There is nothing to be gained by passing a Bill with which we and bereaved parents are not happy. In the light of that, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
I beg to move amendment 2, in schedule, page 2, line 25, leave out from “to” to end of line and insert—
“(a) at least two weeks’ leave, and
(b) at least one day’s leave for the day on which the child’s funeral takes place.”
This amendment would ensure that the minimum period of parental bereavement leave is two weeks plus an additional day for the day of the child’s funeral.
I will not detain the Committee for too long. Amendment 2, in my name and those of my hon. Friends the Members for North Ayrshire and Arran and for Paisley and Renfrewshire North, would provide two weeks’ paid bereavement leave and one additional day dedicated for the child’s funeral. I am particularly grateful to CLIC Sargent, which has lobbied me and countless other hon. Members to table the amendment.
When I spoke to amendment 3, I referred to the sheer range of circumstances faced by parents. Amendment 2 was tabled in the knowledge that if the death of a child is unexplained, for example, there can be a longer period between death and burial or cremation. In Glasgow, there have been delays in post mortems due to hold-ups with the Crown Office and Procurator Fiscal Service.
Amendment 2 would give a bit more flexibility and acknowledge that the day of the funeral can be particularly stressful, busy and difficult. The funeral is in itself a milestone in the grieving process and should, in our view, be treated differently and more flexibly. To conclude, a number of charities, including CLIC Sargent, allow for an additional day for the funeral. On that basis I seek the support of the Committee.
The point made by the hon. Member for Glasgow East is well made. What employer would ever refuse to allow a parent time off for their child’s funeral? Clearly, most employers will not; we know that through the research we have done. Nevertheless, we accept that we need to do more, because we accept that some employers are not reasonable and not compassionate.
I have great sympathy for the hon. Gentleman’s amendment. Clearly, in law all employees are allowed a day one right to take reasonable leave in whatever circumstance. These measures in the Bill are in addition to that basic right. We have said a number of times in this Committee that this is a signal to employers; it does not give all the answers for employers. People’s needs are different in such circumstances.
This is such a personal issue that we expect employers to be compassionate and considerate. We expect them to give the bereaved parents of a child time off for the funeral. Putting that into legislation would be difficult at this point, because of the fragility of private Member’s Bills. I politely ask the hon. Gentleman to withdraw his amendment and, at this point, we will leave it at two weeks.
I was about to say that the hon. Lady is itching to intervene, but actually she was just itching.
We all know too well that the realities of bereaved parents are sometimes very different. The fact is that those who work for less accommodating employers need this Bill the most. I understand the point that is being made. My hon. Friend the Member for Thirsk and Malton also pointed out existing leave provisions, which are already helpful and should not be ignored. The Bill will provide an important statutory minimum that employers must adhere to, giving key legal protections to parents who suffer a tragic loss. This policy sets an important benchmark without preventing employers from enhancing it if they wish. We know that the majority of employers try to do the right thing.
I hate to use the defence that I have used at other times during this debate, but a consultation is being held. This will be part of the consultation, which will report before the end of the Bill’s passage. With that in mind, and bearing in mind the points that have been made, I ask that the amendment be withdrawn.
I find myself in a difficult position. I am minded to press the amendment to a vote, but it would be the first time I have divided the Committee, which in the light of my earlier comments is not something that I want to do. A lot has been said about the fragility of the Bill and the difficulty of getting it through Parliament, but one thing that has not been acknowledged is that we are in a two-year Parliament, so it is not as if we have to get the Bill passed before Prorogation in March.
I hear the note of concern in the hon. Gentleman’s voice, but I think my hon. Friend the Member for Colchester raised a valid point: a parent may well be in a better position in which they already have an entitlement to a paid day without it being taken out of their leave. I ask the hon. Gentleman to consider whether that is a valid argument that should be addressed.
That is at the forefront of my mind, but as the hon. Member for North West Durham said, we seek to protect the very small number of people who could be exploited in the situation. On that basis, I ask the Committee to accept the amendment.
Question put, That the amendment be made.
The hon. Gentleman tempts me to say what he is perhaps arguing for, although I am not: that those who do not have a significant other or spouse should be covered by this Bill, no matter what age they are. He is suggesting that they would have somebody else to make the arrangements for them.
It is perfectly possible for somebody to be over the age of 18 and to be responsible for themselves, but not to have a significant partner to take on that responsibility. That is a huge assumption. Many people live on their own; we know that single occupancy is rising, even amongst young people. It is at record levels. We cannot assume that people are always attached. I again draw the Committee’s attention to the example I gave, which is not beyond the bounds of possibility: a young man or woman serving as a British soldier in foreign lands facing a traumatic and awful death, and the impact that would have on the parents if that soldier were over 18 and did not have a significant other. These are the situations we need to think about if we are trying to get this Bill right.
Given the economic cost to the country of family breakdown, the Bill should cover people who are not married or in a significant relationship. The reason why it is called the Parental Bereavement Bill is that we are talking about parents and the unnatural experience of having to bury your child. That loss is not tempered if your child is older; I do not see a distinction there.
In response to what the hon. Member for East Renfrewshire said, I should say that the national health service does not stop treating people at 18 for teenage cancer. There is an issue of consistency here. The NHS does not recognise at just 18. Is my hon. Friend aware of that?
That is an important point. Maybe it is a failure in myself, but I do not understand why the issue should be about the age of 18 or financial dependency. This is ultimately a Bill about grief—about losing a son or daughter. The focus is on parents, not the financial circumstances or marital status of the person who is being buried. I cannot get my head round that. It is difficult to choose, but perhaps of all the amendments this one means the most to me because it is making a statement about the enormity of the loss of burying a child, and how that goes against the natural order.
I place on record my huge thanks to my hon. Friend the Member for Thirsk and Malton. It is actually a bit of a surprise that the Government support my amendment, which I tabled relatively speculatively because there was a debate to be had. However, the fact that the Government have accepted the argument will be of huge benefit to the parents of the circa 3,000 children who are stillborn every year in this country. I hope that that number will go down year on year; the all-party group on baby loss is certainly working on that. I thank the Minister for his support and the hon. Member for North Ayrshire and Arran for her amendments, which are in a similar vein to mine and would have largely the same effect. We are all on the same page, so I thank all hon. Members for their cross-party support.
Amendment 25 agreed to.
Amendments made: 26, in schedule, page 4, leave out lines 29 to 35 and insert—
“80EE Application in relation to stillbirths
In this Chapter—
(a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and
(b) references to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.”
This amendment extends the provisions about parental bereavement leave to bereaved parents of stillborn children.
Amendment 27, in schedule, page 4, line 37, leave out “, 80EE”.—(Will Quince.)
This amendment is consequential on Amendment 26.
I beg to move amendment 4, in schedule, page 5, leave out lines 10 to 12.
This amendment would remove the condition that an employee needs to be with an employer for a continuous period of 26 weeks in order to receive parental bereavement pay.
With this it will be convenient to discuss amendment 5, in schedule, page 6, leave out lines 15 to 21.
This amendment is consequential to Amendment 4.
We are coming to the end, so I will not detain the Committee for long. The amendments, which I tabled with my hon. Friends the Members for Paisley and Renfrewshire North and for North Ayrshire and Arran, address how long someone needs to have been with an employer to fall within the scope of the Bill. I understand the position of the hon. Member for Thirsk and Malton that employment eligibility provisions for bereavement pay should mirror those for paternity pay and leave. However, today of all days, when the Government’s response to the Taylor report has acknowledged that people are in precarious and short-term work, I would like to hear the Minister’s thoughts on reducing the eligibility requirement.
It strikes me that rather than introducing a provision that mirrors existing legislation, we have a unique opportunity not just to send a message, but to give ultimate protection, including to people who have not been with their employer for a continuous 26-week period. The Committee has already discussed cut-off points. We know that a number of things can happen to children; in the event of a sudden death, it would be a crying shame if the parent had been with their employer for 25 weeks and six days. I ask the Committee to accept our amendments.
The hon. Gentleman makes a good case for why the circumstances he describes are different from most others. However, consistency is important from an employer’s perspective and certainly from a legislative perspective. Of course, grief cannot be measured in pound notes, but part of our responsibility when introducing legislation is measuring the cost. His amendment would mean our having to revisit the cost and impact for the taxpayer and the employer.
The hon. Gentleman put his case well. The proposal in the Bill is, in any case, a minimum signal; we would expect an employer to be just as sympathetic to someone in this situation in their first 26 weeks of employment as afterwards. We would expect employers to be sympathetic, and I ask the hon. Gentleman to be sympathetic to the most important task, which is getting the Bill through the House.
I have listened to what the Minister and the hon. Member for Thirsk and Malton have said. At this stage, after consultation with my hon. Friends the Members for Paisley and Renfrewshire North and for North Ayrshire and Arran, I will not press amendments 4 and 5. We may return to this on Report, but for the purposes of getting the Bill through Committee, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
I beg to move amendment 1, in the schedule, page 7, leave out lines 4 to 6 and insert—
“(1) Statutory parental bereavement pay is payable at an employee’s full rate of pay.”
This amendment would remove the power to set in regulations the rate of parental bereavement pay. Instead, the employee would be entitled to parental bereavement pay at their full pay rate.
We come to the last amendment in this Bill Committee. I know that, as my hon. Friend the Member for North Ayrshire and Arran said, we have all been walking on glass to try to get to this point, and I will be brief. Amendment 1 would set statutory parental bereavement pay at the full rate rather than 90%. I am particularly grateful to CLIC Sargent, with which I have worked closely on this amendment. If hon. Members have not already seen it, I recommend the document “Cancer Costs: The financial impact of treatment on young cancer patients and their families”. There is a copy in the Library.
Currently, as we know, the Bill makes provision for parental bereavement leave pay to be the statutory flat rate or 90% average earnings, whichever is lower. We know from reading the report that having a child with cancer costs parents and they often struggle to meet those costs, particularly for funerals. Therefore it is my belief, and that of CLIC Sargent, that they should be entitled to full pay. I am particularly keen to hear what the Minister has to say about that. I guess this is probably more of a probing amendment, but it is just to say that we recognise that the exceptionally traumatic circumstances of the death of a child are really challenging. We often focus on the emotional aspect of that time, but particularly in the case of families where a child has had a life-shortening or life-limiting condition, there are costs to be borne after that as well. On that basis I seek the support of the Committee for amendment 1.
I am grateful for the hon. Gentlemen’s submissions and the opportunity to debate this matter fully. As drafted, the Bill allows the rate of parental bereavement pay to be set in regulations at a fixed or earnings-related weekly rate. This secures the flexibility to change or increase the rate of pay in the future. Of course, the main aim of the Bill is to ensure that bereaved parents who need time away from work are able to take that time without fear of suffering detriment from their employer as a result. A survey has shown that businesses that responded already provide bereavement leave and most of these companies offer more generous terms than we are stipulating in this Bill, as we have said a number of times before.
As I was asked before, I will not revisit all the arguments I made before about trying to move this Bill forward as much as we can in its original form, to prevent the need for us to go back and revisit some of the calculations that inevitably have to be made to determine effects on the taxpayer and employers, which clearly are important considerations. In the interest of consistency and cost, and also continuity, in that we would like this Bill to continue its progress through this Committee and through the other stages that it needs to go through, to get through the House as quickly as possible, I politely and respectfully ask the hon. Gentleman to withdraw his amendment.
My hon. Friend the Member for Thirsk and Malton raised a good point about mirroring existing legislation in order to make the familiarisation process for employers more straightforward. We have heard that time and time again throughout this Bill. It is an important point and one I agree with. Managing bereavement in a workplace is not an easy task, so keeping it simple, stupid, is a good mantra. The Bill should be viewed as a base-level right for those who find themselves in this position. My hon. Friend said quite clearly that this Bill does not prevent employers from enhancing their offer, if they would like to make full pay. I hope that hon. Members will agree that this amendment should not be pursued and that the hon. Member for Glasgow East is content to withdraw it.
I have listened to what the hon. Member for Thirsk and Malton and the Minister have said. On that basis I am happy to withdraw the amendment. This is probably the last contribution that I will make in this Committee. I found serving on this Committee a challenging experience for a number of reasons, but I want to pay tribute to all members of the Committee. This has been an incredibly difficult topic to go through and on the whole it has been done with a degree of courtesy on all parts. I look forward to the Bill returning to the House. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendments made: 28, in the schedule, page 9, line 18, at end insert
‘(see also section 171ZZ15 for the application of this Part in relation to stillbirths)’.
This amendment is consequential on Amendment 29.
Amendment 29, in the schedule, page 10, leave out lines 40 to 46 and insert—
‘171ZZ15 Application in relation to stillbirths
In this Part—
(a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and
(b) references to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.’
This amendment extends the provisions about statutory parental bereavement pay to bereaved parents of stillborn children.
Amendment 30, in the schedule, page 11, leave out line 3.—(Will Quince.)
This amendment is consequential on Amendment 29.
Schedule, as amended, agreed to.
Bill, as amended, to be reported.