Parental Bereavement (Leave and Pay) Bill

Debate between Baroness Laing of Elderslie and Kevin Hollinrake

3rd reading: House of Commons & Report stage: House of Commons
Friday 11th May 2018 Commons Chamber

[Kevin Hollinrake]

I thank the Minister for his very clear representation of the Bill and his responses to the amendments, which I will not cover in great detail because he did an excellent job of that. I also thank the small business Minister, my hon. Friend the Member for Burton (Andrew Griffiths), for all his work in taking this Bill forward. He cannot be here today, but I know he very much wanted to be present to see the Bill, hopefully, through its final stages.

I also thank all Members who have contributed today and throughout the passage of the Bill. We have heard excellent speeches that have helped to shape the Bill. I thank in particular those Members who have been willing to share their personal experiences; there is nothing better to make sure that the Bill is fit for purpose as it goes through this House and the other place than hearing from Members from both sides of the House who have suffered such experiences. I have been lucky in my life, as I have four very healthy children. We have had a few mishaps along the way, but nothing along the lines of a stillbirth or the loss of a child. It amazes me—I find it inspirational—that Members are able to talk about their experiences in this Chamber.

I have had experiences from another relevant perspective—as an employer. Prior to entering this House I was an employer for 25 years, and I am still associated with the business. A number of people who worked for us have suffered these terrible tragedies, and I cannot think it ever entered our minds that we would not give people the leave that they needed for as long as they needed it, and to pay them without any deduction from their normal pay. That is the approach we have always taken, and I absolutely believe that it is the approach that the vast majority of employers in this country take, too. It is important to recognise that all the proposals and amendments are, understandably, trying to deal with the minority—the one in 10 who do not do the right thing—but those contributions are nevertheless incredibly important.

I want to thank a number of people individually. The first of them must be my hon. Friend the Member for Colchester (Will Quince). I am definitely the baton-carrier —if that is the right expression—for this Bill, as he brought forward a very similar Bill in the last Parliament but could not get it through in time. We absolutely would not have this Bill without him. Thousands of parents every year suffer these tragedies, so this is a hugely important proposal.

I also thank my hon. Friend the Member for Eddisbury (Antoinette Sandbach) for all her contributions, and my hon. Friend the Member for Banbury (Victoria Prentis), who cannot be here today but I know would have wanted to be.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Order. I hesitate to interrupt the hon. Gentleman, but I am listening carefully to what he is saying, and while of course he can thank his colleagues and other hon. Members as often as he wishes—I have no objection; that is perfectly in order—I gently remind him that at the moment he should be addressing the amendments that we have been dealing with since 9.35 this morning. Once he has done that and we come to the end of this process, we will go on to Third Reading, when it is customary for the thanks to come, but of course the hon. Gentleman may wish to make his thanks more than once, and there is nothing wrong with that. If he does so more than twice or three times, I will have to say he is being repetitive, but I never discourage courtesy in this place—I am merely pointing him in this direction.

[Kevin Hollinrake]

I am very grateful for that informative interruption to my remarks. I was going to move on to the amendments, but the contributions of my colleagues and Opposition Members have helped to inform the discussion around them. However, of course I will respect your views, Madam Deputy Speaker, and move on now to the amendments themselves.

The principal amendments on which most of the debate has been focused are those dealing with the definition of a bereaved parent: amendments 1, 2, 12 and 14. My hon. Friends the Members for Torbay (Kevin Foster) and for Mid Dorset and North Poole (Michael Tomlinson) talked about primary care givers and grandparents. We have had a number of contributions on this matter, not only from hon. Members but from charities and individuals who have contacted me on Facebook. We had a Facebook debate on the issue, in which Nicky Clifford said that she wanted the measure to extend to grandparents when they were the child’s primary carer. Mrs Clifford felt that the grandparents had suffered a double loss when her son died. The charity Together for Short Lives said that the right to leave should be extended to legal guardians, as did the Rainbow Trust, which also mentioned foster carers. There is certainly a wide breadth of opinion on how the regulations should be set, hence the need for a consultation. The Government are consulting on these issues now, and the consultation should come to an end at 11.45 pm on 8 June. I urge all Members to make submissions to the consultation on the definition of a parent before that is set in regulations.

The other key amendments were amendments 3, 5, 20 and 23, which relate to the window during which leave can be taken. The hon. Member for North Ayrshire and Arran (Patricia Gibson) talked about the shock and disbelief that is felt when these things happen. Of course every case is entirely different, so it is absolutely right that we should be flexible. The same point was made by my hon. Friends the Members for Torbay and for Mid Dorset and North Poole. This was the principal area into which charities had an input. Faye Williams said on Facebook that her partner had been allowed two weeks leave, but that the funeral was not arranged in time within that window. Louise Wright said that her son’s inquest was in October, five months after he had passed away. Cruse Bereavement Care said that the leave entitlement should be spread over a longer period of 52 weeks. Interestingly, one of the bereaved mothers who made a submission to the consultation through Cruse stated:

“When my child was born, I was entitled to a year off, but when he died I wasn’t entitled to a day off.”

That is an excellent reason for bringing forward this Bill.

We need to take all these things into account. It is right that there should be a baseline minimum—amendment 5 would take out that minimum—but it is also right that we should look to increase it. I am certainly sympathetic to increasing it from eight weeks to a longer period of perhaps six or 12 months. I am sure that the Minister will listen to such representations. However, we also need to keep the legislation simple for reasons of administration, and for the sake of the businesses that deal with these problems.

My hon. Friend the Member for South Suffolk (James Cartlidge) talked about whether the leave needed to be taken as a two-week block. This is really about HMRC’s systems, but we would expect employers to be more flexible. On the point about extending the period of pay from two weeks to four weeks, we would need to look at the costs involved. The Bill has been carefully costed, and the cost to the Treasury will be £3.2 million per annum. The taxpayer will pay for the statutory pay, but employers will pay as well. The annual cost to businesses will be around £2.6 million, and we need to take that into account.

Amendments 6, 24, 21 and 25 focus on the age limit, and we had some good contributions on this point. From a parent’s perspective, there is no difference between the grief for someone who was 18 and that for someone who was 19. I quite understand that, and we had a number of similar submissions from the charities on this point.

My hon. Friend the Member for Croydon South (Chris Philp) mentioned this, but we need more discussion about the 24-week cut-off point between miscarriage and stillbirth, and the private Member’s Bill of my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) seeks to consider that issue. There must be a cut-off somewhere, and our friends at the Treasury certainly want to know exactly what the proposals will cost. We have already passed the money resolution, so I suggest to hon. Members that now is not the right time to try to amend the Bill in that way.

I thank hon. Members on both sides of the House for their constructive, informed and human contributions. I politely suggest that Members do not press their amendments to a Division so that we ensure that the Bill can proceed.