Neonatal Care (Leave and Pay) Bill

Jane Hunt Excerpts

2nd reading
Friday 15th July 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Jane Hunt)]

I thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for bringing forward this important Bill, and I thank all hon. Members who have spoken on this important matter today. I am pleased to confirm that the Government will support the Bill.

As a mother myself, I know exactly how incredible that moment is when your baby is born. It is a time that should be full of joy and excitement. It must be devastating to see your baby whisked away and in need of urgent medical care, yet feel unable to do anything about it except be there. I can only offer my full support to all those who have experienced that.

That is why I am pleased to be here today and pleased to have taken on this important portfolio. I am deeply committed to ensuring that the UK is the best place in the world to work and grow a business. We need a strong and flexible labour market that supports participation and economic growth. I take this opportunity to thank my predecessor, my hon. Friend the Member for Sutton and Cheam (Paul Scully)—

[The Parliamentary Under-Secretary of State for Work and Pensions (Guy Opperman)]

Top man.

[Jane Hunt]

Absolutely, and he is now a Minister of State at the Department for Levelling Up, Housing and Communities. I think hon. Members will agree that he is a committed and compassionate Minister, and I am pleased to be following him and moving this agenda forward—I will have to work very hard indeed to do so. I also thank the all-party parliamentary group on premature and sick babies, and in particular its chair, the hon. Member for Glasgow East (David Linden).

Neonatal care leave and pay will enable thousands of parents to care for and be with their children in neonatal care without worrying about whether their job is at risk. I am pleased to see that the Bill has support across the House, as has been reflected in the debate—I thank everybody very much. I will take time to address some of the points raised by hon. Members, but first let me put on the record why the Government support the Bill.

As the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East explained, every year in the UK, an estimated 100,000 babies are admitted to neonatal care following their birth, for a range of medical reasons. The United Kingdom has a range of generous entitlements and protections designed to support parents to balance their family and work commitments and maintain their place in the labour market while raising their children. However, for parents in the worrying position of having their newborn admitted to neonatal care, it is clear that the current leave and pay entitlements do not provide adequate support.

In an Adjournment debate on 9 February, my hon. Friend the Member for Thornbury and Yate (Luke Hall) said:

“The current system is also a massive barrier for fathers and non-childbearing parents in particular. Earlier this week, 75% of parents who responded to a survey from Bliss, the incredible charity, said that they or their partner went back to work before their baby was home from hospital. Some of those children will still have been on ventilation and receiving critical care. Previous research suggests that the most common reason for that is they simply cannot afford to take more time off work. That is happening every single day, right around the country, to families of premature and sick children.”—[Official Report, 9 February 2022; Vol. 708, c. 1054.]

That is why we are here today and have been able to come to an agreement. The Government have previously consulted on the issue. In March 2020, we committed to introducing a new entitlement to neonatal leave and pay. We are pleased to support the Bill, which will bring that policy into effect.

I will address some of the specific points that hon. Members have made. First, I thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East for bringing forward the Bill, and my hon. Friend the Member for Thornbury and Yate for bringing his personal experience so emotionally and compassionately to the Chamber. My hon. Friend the Member for Hartlepool (Jill Mortimer) talked particularly about fathers. I absolutely support what she said about giving extra time to both parents to be there for their child. I will refer to some of the points raised by the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans) later.

The hon. Member for Glasgow East also talked movingly about his personal experience. The hon. Member for West Ham (Ms Brown) mentioned a specific case. My hon. Friend the Member for Watford (Dean Russell) volunteered in his own Watford hospital—a legacy for all here today, hopefully, we will provide. The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) referred to his personal experience and his children, who are clearly taking after their father. On his behalf, I also thank Thomas and Steve, the employers who helped him and his wife and did all they could to support them as members of staff.

My hon. Friend the Member for Kensington (Felicity Buchan) said that the Bill is the right thing to do and talked about bonding time; we must agree that that is a vital relationship for parents at that time. She also said that good employers are already doing the right thing and helping with newborn children. This Bill is a floor, not a ceiling. I want to ensure that everybody gets a good level of care, and other businesses may be able to put something on top of that, as she said.

I will refer to the point made by the hon. Member for Newport West (Ruth Jones) later. Madam Deputy Speaker, who is no longer in her place, talked about what happened to her and the stressful time that she had in more ways than one. The hon. Member for Bristol East (Kerry McCarthy) pointed out that the child is often not the only child in the family, which must be considered. There were also many helpful and supportive interventions from hon. Members on both sides of the Chamber.

My hon. Friend the Member for Thornbury and Yate raised concerns about the length of time that it would take for the Bill to be implemented. There is clearly cross-party support for the Bill and we hope that it will complete its parliamentary passage and receive Royal Assent as swiftly as possible. Setting up a new leave and pay entitlement takes time. It requires secondary legislation and changes to Government systems that administer statutory payments, and businesses need good notice in order to prepare. HMRC and commercial payroll providers require at least 18 months’ lead time to implement such changes following Royal Assent. I spoke with my officials this week, however, and we are looking at what we can do to speed that up. I note that the hon. Member for Glasgow East, my hon. Friend the Member for Charnwood (Edward Argar), the hon. Member for Newport West all requested that.

[David Linden]

I am grateful to the Minister for her discussions with officials in her Department, but will she undertake to have a conversation with the Leader of the House and business managers to see whether it might be possible to expedite the Bill as we try to get it through the House?

[Jane Hunt]

That is a good idea, and I will take that up.

My hon. Friend the Member for Thornbury and Yate also raised concerns about why seven full days of neonatal are required before the entitlement is triggered. In response, I flag that the policy is primarily intended to support parents of babies facing longer stays in hospital and that the needs of parents in that position must be balanced against those of their employer. When developing the approach, the responses from parents, parent representative groups and business representatives to the 2019 consultation on neonatal leave and pay were considered.

[Luke Hall]

I thank the Minister for the tone of her response so far, especially her points about being prepared to look at speeding up the implementation of the Bill following Royal Assent.

I have a small, technical point. I completely accept the seven-day trigger, which is largely in line with what everyone was expecting, but I was not expecting that the first day appears to be the day after birth, so it is actually eight days. We do not need to deal with that today—we could look at it in Committee—but will the Minister commit to taking that away and talking to officials in BEIS? That conversation can continue throughout the Bill’s passage.

[Jane Hunt]

I absolutely will take that away.

The hon. Member for Ayr, Carrick and Cumnock referred to other family leave and pay entitlements. Parents have access to a range of pay and leave entitlements in their child’s first year, giving working families more choice and flexibility about who cares for their child and when. Our maternity leave entitlement is generous. To qualifying employed women, we offer 52 weeks of maternity leave, of which 39 are paid. That is more than three times the EU minimum requirement. For self-employed women, and those who are not eligible for statutory maternity pay, maternity allowance may be available. Both maternity payments are designed to provide a measure of financial security to help women to stop working towards the end of their pregnancy and in the months after childbirth in the interests of their and their baby’s health and wellbeing.

We also recognise that fathers and partners play a crucial role in the first year of their child’s life, both through supporting the mother and by developing a relationship with the child. Paternity leave arrangements enable employed fathers and partners who meet the qualifying conditions to take up to two weeks of paid leave within the first eight weeks following the birth of their child or placement for adoption. We recognise, however, that paternity leave can be improved, so we made a manifesto commitment to make it easier for fathers and partners to take it. We will announce how we will be doing that in due course.

Shared parental leave and pay provides parents with flexibility over their child’s care in the first year. It challenges the assumption that the mother will always be the primary carer and enables working parents to share up to 50 weeks of leave and up to 37 weeks of pay in the first year of their child’s life. That enables mothers who want to return to work early to do so and enables fathers and partners to be their child’s primary carer if the parents wish. To help make shared parental leave more accessible, we launched an online tool last year that allows parents to check their eligibility and plan their leave. We are evaluating the shared parental leave scheme and will publish further findings in due course.

The hon. Member for Bristol East queried the length of time it has taken to legislate and deliver this entitlement. In 2019, the Conservative party manifesto committed to introducing neonatal leave care and pay. We consulted on the details and published a response in 2020. During covid, the Government rightly prioritised our response to the pandemic. We are pleased that the neonatal care leave and pay entitlement is now being taken forward in legislation and fully support this Bill.

[Stephen Flynn (Aberdeen South) (SNP)]

I did not intend to speak today, as this is a particularly fresh issue for me and it has been a challenging few weeks. I thank my SNP colleagues for the support that they have given to me and my family in that regard. Before the Minister concludes, will she place on record her thanks and support for all the staff who work tirelessly in neonatal units across these isles, and the miraculous work they do to keep young people alive and give them the futures that they deserve?

--- Later in debate ---

[Jane Hunt]

Absolutely, and I thank the hon. Gentleman very much for that intervention. That is absolutely spot-on and correct, and I fully support everything he said.

In conclusion, these measures would provide invaluable support and protection for parents during some of the most stressful days of their lives when their children are in neonatal care. That entitlement is also backed by Government evidence and analysis, showing a clear need for further support for those parents. Therefore, the Government are pleased to support the Bill. Supporting the Bill is in line with our ongoing commitment to support workers and build a high-skilled, high-productivity, high-wage economy. It is good to see support from across the political spectrum for this important measure, as is clear from the debate. I look forward to continuing to work with the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East to support the passage of the Bill.

Neonatal Care (Leave and Pay) Bill

Jane Hunt Excerpts

Committee stage
Wednesday 7th September 2022 Public Bill Committees

[David Linden]

As ever, it is a great pleasure to serve under your chairmanship, Ms Bardell. Your position as Chair makes you unable to comment on the Bill, although I am sure that you would be keen to put your support for it on the record if you could—so I will do that for you. I pay particular tribute to your work with your constituent Coady Dorman and her son Matthew, who was born prematurely. Coady will be incredibly appreciative of the fact that you are chairing the proceedings on the Bill as we expedite it through the House.

Like the hon. Member for Thornbury and Yate, I thank everybody for the cross-party way in which we are piloting the Bill through the House. As I walked into work this morning, I reflected that I had perhaps been a little unfair to the Minister yesterday during a debate on the devolution of employment rights. Actually, this place probably works at its best when folk work on a cross-party basis; a good example would be the work done by the hon. Member for Bishop Auckland on her One Punch assaults campaign. Part of the reason why I was so keen for the Committee to progress quickly was that I suspect some Government Members will not be in their positions by the end of the week as they move, perhaps, into junior ministerial office. It is important that we work on a cross-party basis when we agree on issues. All that is a veiled way of saying sorry to the Minister for giving her such a hard time yesterday.

Like the hon. Member for Thornbury and Yate, I want to put on the record my support for amendments 1 to 4, the last of which is quite substantial. I share some of his concerns about implementation. One thing that reassured me during my past conversations with the hon. Member for Sutton and Cheam (Paul Scully), the former Minister, was learning that BEIS officials had done quite a lot of work on this. Given that we had been led to believe—completely fairly, perhaps—that Government officials had done the groundwork, it strikes me that the 18-month delay for implementation is a little out of kilter. If something needs to be ironed out between BEIS and HMRC, I am sure the Minister will see to that.

Those are the main points that I wanted to put on the record. I do not see a need for the Committee to spend huge amounts of time on the Bill, which is not controversial and already has a budget line of £15 million from a previous Budget. On that basis, I look forward to its passing through this Committee, having its remaining stages on the Floor of the House and then going over to the other place.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Jane Hunt)]

It is a pleasure to serve under your chairmanship, Ms Bardell. Introducing neonatal care and leave through the Bill will mean that parents will not have to worry about work when they face the stress and anxiety of caring for a sick baby. It will at least relieve them of one concern at such a very difficult time.

On Second Reading, we heard from Members on both sides, some of whom are serving on the Committee today, about their personal experiences of having children in neonatal care. Again, I thank the hon. Member for Glasgow East and my hon. Friend the Member for Thornbury and Yate, among others, for sharing their personal experiences; that was very much appreciated and I am sure it made a difference on Second Reading. Both Members talked movingly about their personal experiences and explained how incredibly worried they felt when their children were in neonatal care. The Government are keen to offer families in such difficult circumstances our full support, and I am pleased to be here today to reiterate that the Government fully support the Bill.

I would like to touch on the two amendments proposed by the Bill’s promoter. The first would amend clause 2 to remove a power to amend primary legislation by secondary legislation, a so-called Henry VIII power, and replace it with a power to amend secondary legislation only. As the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East—I have now managed to say his constituency name correctly—points out, the need for that Henry VIII power has passed. Issues with how the entitlement might interact with other legislation that might be forthcoming have been resolved. That being the case, I am in favour of the clause being amended to limit the effect of the power and agree that the amended clause should stand part of the Bill.

The second amendment proposed by the sponsor is to make changes to the relevant week used to calculate pay. Again, I support that change. I agree with the sponsor’s detailed explanation on the need for the amendment, which will ensure that parents who are already low earners do not miss out on the entitlement to statutory neonatal care pay. I therefore support the amended schedule, which should stand part of the Bill. I also agree that clauses 1 to 3 and schedule parts 1 to 3 should stand part of the Bill.