Covid-19: Maternity and Parental Leave

Baroness Laing of Elderslie Excerpts

Monday 5th October 2020 Westminster Hall

[Madam Deputy Speaker (Dame Eleanor Laing)]

Welcome to the first sitting of Westminster Hall under these very unusual and temporary arrangements. I hardly need remind hon. Members that there have been some changes to normal practice to support the new call list system and to ensure that social distancing can be respected. As I look around, the Room is a picture of perfection—nobody is less than 2 metres away from anyone else. I ask hon. Members to sanitise microphones before using them and to respect the one-way system for moving around the Room. You will find in front of you a diagram that explains by colours where we are—it is self-explanatory.

Only Members who are sitting on the horseshoe may speak. That is because of microphones and so on, but it also helps us to keep the numbers in the Room manageable. Members may speak only if they are on the call lists. That applies even if debates are undersubscribed, although this debate is not. Members cannot join the debate if they are not on the call list. Members are not expected to remain for the wind-ups, because those in the latter stages of the call list, who will use the seats in the Public Gallery, need to move on to the horseshoe when seats become available. At the moment, you are all perfectly spaced and able to speak from where you are.

I remind hon. Members that there is less of an expectation that they stay for the following two speeches once they have already spoken. That does not mean that they can abuse the system by popping in and out again, which will be frowned upon, but obviously, we have to have that rule if we want to move people around in an oversubscribed debate so that some can leave and others can come in. Members may wish to stay beyond their speech, but they should be aware that doing so may prevent the Members in the Public Gallery from moving to the horseshoe. Does anyone have any reasonable questions about procedure before we properly begin?

[Claire Hanna (Belfast South) (SDLP)]

Do we move around the Room by passing behind you?

[Madam Deputy Speaker]

Yes, please—it is a one-way anticlockwise system. I call Catherine McKinnell.

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[Several hon. Members rose—]

[Dame Eleanor Laing (in the Chair)]

Order. We will start with a time limit of five minutes for Backbench speeches.

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[Claire Hanna (Belfast South) (SDLP)]

I thank those hon. Members who have led on the issue for many months and set out quite a lot of achievable solutions. It is very clear that the pandemic has affected absolutely everyone in society, but new parents are experiencing particularly acute and harsh point-in-time impacts, because of the disruption to their plans and to services that they would have enjoyed, and because of lost opportunities to bond with family and people in the wider community, interruption to their childcare plans, and the financial hardship that many will experience.

The hon. Member for Newcastle upon Tyne North (Catherine McKinnell) and others outlined some of the feeling about the provision and communication of protections for pregnant women in the workplace and on furlough. I certainly endorse the recommendations of the Committee and, indeed, those of Maternity Action. Unfortunately, the negative financial impacts will have extended to self-employed women, many of whom have constructed their career in that way precisely for a better balance of home and work life. Of course, no account was made of lost earnings due to maternity leave in the qualifying period, and that has left a massive hole in the replacement income for many women, and has exacerbated the gender pay gap that already exists in the relevant part of the economy.

The threat of redundancy is, as others have said, an acute issue, and Members will know that working mothers are already deeply exposed to redundancy or job downgrading. The coming economic challenges, alongside the catastrophic effects on childcare, will sharpen the risk. The advocacy group Pregnant Then Screwed, which has been relentless on the issue, reports 11% of pregnant women being made redundant, or expecting to be made redundant, in the period in question. That is more than 20 times the incidence in the general population. More than half of those women believe that their pregnancy was a factor in the decision. The proportion made or expecting to be made redundant rises to 15% for working mothers, and 46% of those cited issues with childcare provision as a factor. That was already a marginal economic activity for providers and a huge cost for families, if they were lucky enough to be able to find a suitable provider. In that context, the period in which women can bring forward employment tribunal claims should be extended.

As Members have said, the most negative impacts may have been felt in the restrictions on attendance by partners at antenatal sessions and deliveries, and in the immediate postpartum period. There is no doubt about the pressures and challenges that healthcare providers are trying to balance, but the regulations are deeply upsetting for many women at an acutely vulnerable time. The Royal College of Midwives has said:

“Having a trusted birth partner present throughout labour and birth is known to make a significant difference to the safety and well-being of women.”

When the coronavirus is heightening anxiety,

“that reassurance is more important than ever.”

In particular, the changes in rules and their variation across trusts are creating even more anxiety. What women can expect when they are expecting can change more than once during a pregnancy. I appreciate that that is because of the ups and downs of pandemic advice in the community, but I believe such a crucial function should be protected as we are protecting the ability of small children to go to school. Restrictions in this regard should be among the very last to be made.

Women who have just had babies need support in many ways, to rest, to establish breastfeeding, in some cases to recover from major abdominal surgery, and of course just to figure out how to look after a newborn baby. Some women need to stay in hospital for care and specific support, and the rules about partners and visitors are forcing some to choose between hospital care and family care. Many will choose the latter and be discharged too soon, which will create long-term impacts. Midwives, health visitors and volunteer groups are, as other Members have outlined, next to angels in that period in the journey as a parent, with the monitoring, advice and reassurance they provide. It is tragic that that support will not have been available for many.

There will be long-term impacts from this year, for many people, and the isolation of new parents will be a big part of that. It will take imagination and resources to put in place the measures we can. We will not be able to do everything, because of the pandemic restrictions, but the Committee has outlined some measures. France, for example, has just doubled paternity leave allowance. We must make sure that we do the things we can within the restrictions.

[Madam Deputy Speaker (Dame Eleanor Laing)]

After the next hon. Member, the time limit will be reduced to four minutes; but, with five minutes, I call Mr Tim Loughton.

[Tim Loughton (East Worthing and Shoreham) (Con)]

Thank you, Madam Deputy Speaker. It is a joy to be back in Westminster Hall. It is a joy to be the first bloke to speak in Westminster Hall after the lockdown, and it is a decided bonus to have you here in the chair and to see so many colleagues suitably “spaced out”, as I think you referred to us earlier.

I congratulate the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) on securing this debate and on the report from her Committee. It is no mean feat to have achieved over 230,000 signatures. I cannot speak with as much authority as can the hon. Member for Lewisham West and Penge (Ellie Reeves), being so close to having a four-month-old—I am rather closer to being a prospective grandparent—but I speak as the chair of the all-party parliamentary group for conception to age two: first 1001 days, and I chair the charity the Parent-Infant Foundation.

Others have already spoken out about the need for greater flexibility for maternity leave and paternity leave, brought on by the particular factors and pressures during lockdown. I agree with much of what is in the report and with what the hon. Member for Newcastle North has said. It has been interesting that the report is very much informed by the personal testimonies of many parents, including many new parents. Parents are facing extra pressures: school closures, with many parents who already had children facing having those children at home as well as going through pregnancy, confusion for employers and employees about what they are actually entitled to at work and what is safe for them to be able to work during pregnancy given the coronavirus considerations, and mixed access to childcare, as the hon. Lady said. There is also the added stress of not being able to have partners at crucial hospital appointments and scans, and in some cases even at birth, and there are some really tragic cases. I quote the case of Emma Kemsley from Saffron Walden who could not even have a partner at a termination when she found out at her 18-week scan that the baby would not survive outside the womb. It was doubly tragic. These are exceptional circumstances. These are not ordinary times.

Babies have become the forgotten part of the population during the pandemic. Over 330,000 babies have now been born in England during lockdown. Many new family members and parents have been isolated from extended family members. They have not had the usual loving care and support of grandparents around them. There have been cases of babies now exposed to other babies recoiling because they are not used to babies. They have not been at those post-natal classes where there is contact with other babies, so they are just not used to them. It is going to take a lot of normalising when we can get back into socialising, which is such an important part of the life of a new baby and of a new parent in particular. The problem in respect of health visitors is that the only families permitted to have face-to-face contact with health visitors are those that have been deemed vulnerable. That is such an important item of support in those early days, and is also an important early warning system for things potentially going wrong. Many toddlers, children and new babies have not had those important early checks, and we hear that up to 70% of health visitors have been redeployed to other hospital community settings during the pandemic. That is a really false economy when the impact that those health visitors can have so early on—for new parents in particular—is absolutely essential. Every year, 106,000 under-one-year-olds are exposed to domestic violence, parental substance misuse or severe mental ill health, yet only 15,000 of them are supported by social workers.

The Parent-Infant Foundation, which I chair, produced the report “Babies in Lockdown” jointly with Best Beginnings and Home-Start UK. The report showed that almost seven in 10 parents felt that the changes brought about by covid were affecting their unborn baby or young child. Over two-thirds of respondents in the survey carried out by us said that, overall, their ability to cope with pregnancy or care for their baby had been affected by covid restrictions. Many families and young parents from lower income backgrounds and black Asian and minority ethnic communities had been hit harder by the covid pandemic. That is likely to widen the already deep inequalities and early experiences and life chances of children. In the report we recommended a “baby boost” to enable local services to support families that had a baby during or close to lockdown, and a new parent-infant premium providing new funding for local commissioners targeted at improving outcomes for the most vulnerable children.

It is essential that those new babies—and new parents in particular—get the very best start in life and the best attachment to their children so that when they arrive at school they are normalised, socialised, ready, greedy and eager to learn and to get on with their fellow children at school. It is a false economy not to be doing more.

[Madam Deputy Speaker]

Order. The time limit is now reduced to four minutes. I call Sarah Owen.

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[Laura Farris (Newbury) (Con)]

It is a pleasure to follow the hon. Member for Luton North (Sarah Owen) for whom I am full of admiration. When we first arrived in Parliament, I remember wondering whether any MP had fought their first parliamentary seat so heavily pregnant. I do not think so.

I congratulate the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) on her work on this issue. She is right to highlight the issues that underpin this petition. Many of them have been drawn to my attention by an organisation in my constituency, Healthwatch West Berkshire. It touched on points including and most importantly the challenges facing new mothers during lockdown––I will define that as between March and July 2020––such as not being able to see close members of their family, meet their National Childbirth Trust groups if they were in one, or go to a family or children’s centre. The support that we would wish for new mothers was not there.

I would like to confine myself to the proposal in this petition, which is the right to extend paid maternity leave by a further three months to enable bonding and social engaging with other parents and babies through baby groups. I am not going to support the petition, and I shall set out why and what else I think should be done. The first reason is that I am not persuaded that this is the purpose of maternity leave. To look at the statutory purpose we have to delve back into European law. The pregnant workers directive was what kicked off the idea of maternity leave in 1992. Its essence was the wellbeing of the mother. It was about mandating member states to offer 14 weeks for the mother to make a physical recovery from childbirth. In 2009, the European Union looked at it again, and came up with firm recommendations that member states should offer 18 weeks; in fact, it recommended 24. It said that longer leave would have a positive impact on a mother’s health, and that its priority was to help women recover from giving birth and to create a solid relationship with their child.

Maternity leave, I say very respectfully, does not and has never existed for wider developmental purposes, and we should be wary about asking for it to do so, particularly in this country, where women have a statutory right to 52 weeks’ ordinary plus additional maternity leave. I fully accept the extreme limitations that were imposed by the lockdown, but the reality was that that would not have been the entirety of any woman’s maternity leave. To the extent that childcare provision and other services are still limited, I am not persuaded that their offering would radically change if we were to change the period by three months until Christmas, or even into the new year.

My other point is that I am very worried about mothers asking for a further three months’ maternity leave, knowing how vulnerable they are in the workplace. In my experience—I used to be an employment barrister—employers would find that an onerous requirement. While they may not make a woman redundant while she is on leave or even when she has recently returned, if she is caught in a redundancy exercise, say at the back end of 2021, she will find it very difficult to establish causation in an employment tribunal. I am concerned about that.

As to what the Government should do—and the conclusion I reached after 10 years of practice—I think the way to protect, enhance and progress women in the workplace is to embed flexible working practices. We have seen through this crisis how productive and effective people can be through doing their jobs at home. We have seen men doing it for the first time in jobs they never would have thought they could do from home. We have recalibrated our view of flexible working, which can also mean working reduced hours, flexi-working and job shares. My view is that the answer is not in extending statutory leave, but in embedding statutory flexibility in the workplace.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I should make it clear that there is no prohibition on interventions. We can have a robust debate; it is absolutely fine for that to happen.

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[Catherine McKinnell]

I appreciate the Minister’s response, but I think that the petitioners will be incredibly disappointed in it. He talks about the relaxation of lockdown, but he is talking to somebody to whom the additional local restrictions apply. Most of what he said does not apply to new mums in my area and in many parts of the country, who are increasingly affected.

I want to highlight a couple of issues that were raised in the debate. I loved how the right hon. Member for Basingstoke (Mrs Miller) challenged our report for not going far enough and not demanding enough of the Government. I very much agree with her campaign, but it highlights how we tried to be reasonable in the report and ensure cross-party support and deliverable asks of the Government, which makes it more disappointing that most of them have been ignored.

The hon. Member for Newbury (Laura Farris) made an impressive speech, but it seemed to ignore the reality for many working mothers, which is that they do not have the agency to negotiate flexibility. They are deeply anxious throughout their maternity period, during this lockdown, about the future of their employment situation.

I want to make one final plea. I did not mention it earlier, because it is not in our report, but I very much support the cause of all new mothers having the flexibility to take birth partners with them into hospital. I want the Prime Minister to respond, as he promised to at the Liaison Committee, more fully to our report, and to make the changes necessary to ensure that every mother can have the confidence of having a birth partner with her in hospital.

Question put and agreed to.

Resolved,

That this House has considered e-petition 306691 relating to the impact of Covid-19 on maternity and parental leave.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Thank you all very much for responding so well to the new way in which we are doing things in Westminster Hall. I shall just delay for a moment so that those who took part in the first debate can leave by the one-way system, continuing to stay 2 metres apart. Everyone is doing beautifully. As they do that, I hope that those taking part in the next debate will be coming in. I am taking things slowly to make sure that happens. I am pleased to see the hon. Member for Hartlepool (Mike Hill).