Shared Parental Leave and Pay (Bereavement) Bill

Kevin Hollinrake Excerpts

2nd reading
Friday 26th January 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

May I first thank the hon. Member for Ogmore (Chris Elmore) for bringing the Bill before the House, and all the other hon. Members who have spoken on this important matter today? He has been incredibly constructive and pragmatic in our deliberations on what we should do in this area, and I thank him for that. It is always a pleasure to work with him on this issue, and we have worked together on a number of issues over the years.

I would like to express my wholehearted agreement with the intent behind the hon. Member’s Bill. His speech was incredibly touching and he spoke passionately about the need for the Bill, but also about the devastating impact on individuals. His point about the future plans of one’s life suddenly going to ashes was incredibly powerful, and I express my sympathy for Mr Thorpe, whom he referred to in his speech.

It is always a great pleasure to take forward legislation that makes a meaningful difference. I was lucky enough to take through Parliament two private Member’s Bills prior to becoming a Minister. One was on parental bereavement leave, and people asked, “Why does this not exist in the first place?” When people say that to us, as I am sure they have said to the hon. Member about his Bill, we know we are on the right track. In my experience, we normally do not do these things on our own—we do them jointly—and his work with my hon. Friend the Member for Broxtowe (Darren Henry) has been really important in bringing the Bill forward.

It is clear that we should look at what more we can do to support employed parents who lose their partner around the time of their child’s birth and who do not currently qualify for statutory leave entitlement because they do not meet continuity of service requirements—that is, they have not been in the job for the required length of time to qualify. The principle of this Bill has support across the House, and I was pleased to hear that reflected in the debate.

Again, I thank my hon. Friend the Member for Broxtowe, who has long campaigned on this issue. We met his constituent in my early days as a Minister, and I thank him for bringing it to the House’s attention. We were always keen to do something when we could, and I am delighted to say that we now have the right time and space to do this. It was a pleasure to meet him and his constituent Mr Horsey, who is in the Gallery today, in the Department the year before last. I am sure the whole House will join me in expressing our condolences to Mr Horsey for the loss of his wife Bernadette and in sending our best wishes to him and their son Tim.

I will take the time to address some of the points raised by hon. Members today, but I will first put on the record why the Government support the intent behind this legislation. Losing a partner is a truly devastating experience for anyone. The combination of the terrible grief and, as my hon. Friend the Member for Congleton (Fiona Bruce) said, loneliness in these situations—the shadow Minister, the hon. Member for Harrow West (Gareth Thomas), called it “unimaginable”, which is an apt description—with the challenges of caring for a new baby must be incredibly hard. My deepest sympathies go out to anyone who finds themselves in this terrible position.

The United Kingdom has a generous range of 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—for example, maternity leave and pay, paternity leave and pay, and shared parental leave and pay, among others. Maternity leave is rightly available from the first day of a woman’s employment, recognising the special circumstances of pregnant women and new mothers.

Parental leave and shared parental leave are not day-one leave entitlements for mothers, fathers and partners; all parents must meet continuity of service requirements. As such, if a mother dies in the first year of a child’s life, a father or partner who has not met continuity of service requirements for paternity leave or shared parental leave will not have the statutory right to take leave so that they can care for the child. In those tragic but, thankfully, rare circumstances, they will need to rely on the compassion of their employer to provide them with adequate leave and job security. As the hon. Member for Ogmore says, though, some of these people are falling through the cracks.

The intent of the Bill is to provide more support for the grieving and surviving parent when their spouse or partner has tragically passed away. The legislation will support people in those terrible circumstances to take time away from work to care for their new baby, without the risk and associated stress of being made to return to work before they are ready to do so. I am delighted that the Government are able to support this positive development in the parental leave and pay system.

However, as is the case with any legislation, it is crucial to ensure that it is not only well intentioned, but practical and effective in achieving its intended effect. It is therefore important that I set out to the House today, as I have previously discussed with the hon. Member for Ogmore, the Government’s view that the Bill will require amendment in Committee to fully achieve its intended changes and operate effectively alongside existing parental leave legislation. I am delighted that the hon. Member has agreed to work with me to do that, and that we have a shared understanding of the need to create a legislative framework that not only supports families in their time of need, but does so in a way that is clear, fair and effective. Committee stage provides us with the opportunity to fine-tune the details of the Bill and address any potential gaps, issues or inconsistencies to ensure that it achieves its intended purpose. I will, of course, provide more information on the necessary changes ahead of Committee stage, but I will take a moment to highlight some of the areas in which we are considering amendments.

First, we will need to consider what type of parental leave best meets the intention of the Bill. Secondly, we will need to analyse whether it is right to confine its scope to the death of the mother, or whether it should make broader provision for the death of other parents. Thirdly, we need to make sure that the changes we make integrate well into the wider framework of parental leave legislation. Finally, we intend to remove the pay element from this entitlement—I will explain why shortly. The hon. Member for Ogmore and I are in agreement on the removal of the pay element. As Members will have seen, the text of his Bill does not refer to pay, although I hear and understand his clear ambition to include it at a future stage. I concur with his point, though, that we should never let the perfect be the enemy of the good.

All the UK’s statutory parental pay entitlements have a continuity of service requirement, including statutory maternity pay, statutory paternity pay, statutory shared parental pay and statutory adoption pay. They are designed to ensure that a parent has made a reasonable contribution towards their employer’s business before that employer is required to administer statutory parental payments. Continuity of service requirements are designed to achieve a balance between the needs of employers and those of working parents.

I will be able to give more details in Committee on the changes we intend to make to the Bill. In the spirit of collaboration, I encourage all Members to engage constructively in Committee. Our priority is to work together to deliver a piece of legislation that meets the needs of bereaved families, providing them with the support they require during one of life’s most challenging chapters.

In response to the shadow Minister’s points about workers’ rights, the Government are committed to supporting the participation and progression of parents in the labour market to ensure that it is fair and works for parents. Our 2019 manifesto pledged changes to enhance workers’ rights and support people to stay in work. The Government have delivered on those commitments by supporting a package of six private Members’ Bills helping new parents, unpaid carers and hospitality workers; giving all employees easier access to flexible working; and giving workers a right to request a more predictable working pattern. We have been pleased with the successful progress of that legislation through Parliament, where it has received cross-party support, resulting in six Acts successfully receiving Royal Assent. The Government have already made good progress on laying secondary legislation in due course to implement those new Acts.

The Employment Relations (Flexible Working) Act 2023, for example, will give all employees with 26 weeks’ continuous service the right to request flexible working, empowering employees to ask for a working arrangement that suits them and their unique circumstances.

I take the point raised by my hon. Friend the Member for Bury North (James Daly) about homeworking. Flexible working does not necessarily mean homeworking; it can mean different working times to suit people’s parental responsibilities—for example, different times during holidays—and it does not necessarily mean that people have to work from home. He is right to say that workers should work where they are most effective, and where employers require them to be.

The Protections from Redundancy (Pregnancy and Family Leave) Act 2023 will provide greater protection to women who are on maternity leave or an employee who is on adoption or shared parental leave in a redundancy situation. That legislation will help to clamp down on poor or inappropriate practices, such as discriminating against pregnant women or new mothers, or waiting for a woman to return from maternity leave, and when the current protected period ends making her redundant.

The Employment (Allocations of Tips) Act 2023 will make it unlawful for businesses to hold back tips, gratuities and service charges from employees, ensuring that staff receive the tips they have earned. This package of legislation will increase workforce participation, protect vulnerable workers, and level the playing field, ensuring that unscrupulous businesses do not have a competitive advantage. The legislation builds on the strengths of our flexible and dynamic labour market, and gives businesses the confidence to create jobs and invest in their workforce, allowing them to generate long-term prosperity and economic growth.

Protecting and enhancing workers’ rights while supporting business to grow remains a priority for this Government. We are determined to build a high-skilled, high-productivity, high-wage economy. A key part of the UK’s economic resilience is our strong, flexible, and dynamic labour market. It is a labour market that gives businesses the confidence to create jobs and invest in their workforce, and allows them to generate long-term prosperity and economic growth. It is a labour market that rightly bears down on unscrupulous employers, and protects those keeping to good working practices, promoting more competition in UK markets to build a high-skilled, high-productivity, high-wage economy.

[James Daly]

Does my hon. Friend agree with the point I raised my speech, that we should not denigrate employers? Most employers in this country support their staff, are keen to invest in skills to improve productivity, and are keen to ensure that they take whatever steps necessary to keep employees who are key to the future of the business, no matter what personal circumstances someone is facing at that time.

[Kevin Hollinrake]

My hon. Friend has great experience, and it is great to hear from people with experience at the sharp end of business. It is not an easy place to be. I had a fairly long business career myself for 30 years before politics, and we know that people are our most precious assets. It is good business to look after our workforce, not only because of the individuals concerned and the loyalty that brings, but because of the loyalty of other members of the team when they see how someone is treating their staff. It is important to recognise that what we are legislating for is not a ceiling, but a floor. It is a minimum period of leave that people can be offered, and of course the minimum level of pay. Clearly an employer can pay more than that expected by law, and I know that many employers do so. I understand that Mr Horsey was well treated by his employer. That illustrates that most employers are good employers, and we in the House should always recognise that when we are legislating. We want a labour market that promotes competition and choice, so that consumers have confidence in markets, and businesses compete on a level playing field.

Turning to the specific points, the hon. Member for Ogmore raised a point about the numbers of people affected. Maternal deaths—the number of people who pass away during pregnancy or within 42 days of that—are around 290, as he said. Some will have continuity of service requirements. We therefore think that this legislation will benefit just under 50 people a year. That is our best guesstimate, because there are so many different moving parts, but that is the kind of number we are talking about. That is not a huge number, but the legislation is very important to those affected by it.

I noted the hon. Member’s points principally about pay. It is a first step on the road, but it is a very important step, and future Governments—of whatever colour they may be—may go further. He also raised the complexity and take-up of shared parental leave. Take-up is in line with estimates and has doubled over the past few years. In July 2021, the shared parental leave tool was deployed. The tool enables parents to check their eligibility and plan their leave, and it has been well received. I think that also covers the point raised by the shadow Minister, the hon. Member for Harrow West.

The hon. Member for Ogmore also asked why parents with other employment statuses, such as the self-employed, are not entitled to this support. The Government’s support is focused on employed parents, as they do not generally have the same level of flexibility and autonomy over how and when they work as self-employed parents. Employees have a contractual requirement to work regular hours and have an employer who has control over when they work, where they work and how their work is done. Due to that, employees have the greatest level of employment protections, to balance the lack of flexibility that their employment type provides in other ways.

My hon. Friend the Member for Bury North talked in his intervention and his speech about the burdens on business. Obviously, all legislation should include an impact assessment, including a financial impact assessment on business. The impact assessment result was de minimis—I think that is below £5 million, which is not a significant impact. We therefore do not think that the changes will create a significant burden on businesses. We have engaged with business representative organisations and payroll professionals throughout the policy development of these changes. They have responded positively and understand how the changes will increase flexibility for families. We are working with His Majesty’s Revenue and Customs to plan communications with businesses to ensure that they fully understand the new arrangements, and we will continue to engage with them while we finalise guidance to ensure the smooth introduction of these changes.

My hon. Friend the Member for Congleton rightly talked about the UK Commission on Bereavement and the important work that it does. She also referred to a cross-departmental bereavement strategy, which may include bereavement counselling for people in key situations. That is a little outside my remit, but she may continue to press for that across Government.

[Fiona Bruce]

I would indeed support that. Not many people want to talk about bereavement—certainly not as death approaches—but there is a well understood concept, particularly in hospices, of such a thing as a good death, where families are encouraged to get together to talk, including with the person whose life on this earth is coming to an end, about how issues may be best resolved. Those might be differences that have occurred over many years, but can also be practical issues surrounding the death, where involving everyone is a good thing. Such work has a lot to commend it.

[Kevin Hollinrake]

I thank my hon. Friend for those points. As the hon. Member for Ogmore stated, bereavement affects all of us. Society is probably more open than it was when I was a young child, and I think we are now better at dealing with these matters and getting them out in the open. There are good ways to deal with bereavement—better ways to deal with it than we experienced in the past—and some of the counselling offered by experts must be a good thing. We certainly had a lot of engagement on that during our consideration of the Parental Bereavement (Leave and Pay) Act 2018, which I dealt with. That obviously covers the loss of a child, and in this context there is nothing more devastating than the death of a child.

I congratulate my hon. Friend the Member for Broxtowe again on getting to where he has got with this legislation. I know he would have loved to have taken it through the House himself, but these things are a team effort. He understandably asked for an explanation as to why the entitlement will not include pay. In response, I flag that no statutory parental leave entitlement, including maternity leave, has pay available from an employee’s first day in a new job. That is because, apart from small businesses, employers are required to contribute towards the cost of statutory parental pay, as well as meeting the costs and burdens associated with their employee’s absence from work and the administration around that. I think he would accept that this legislation is a floor, not a ceiling, and that good employers will go further and in some cases much further than the legislation.

I thank the hon. Member for Belfast East (Gavin Robinson) for his comments. I am pleased he supports this legislation. Understandably, he talks about Northern Ireland, and my officials in the Box today have rightly had conversations with their counterparts in Northern Ireland, and we are keen to continue those discussions. Clearly employment law is a devolved matter for Northern Ireland.

[Gavin Robinson]

indicated dissent.

[Kevin Hollinrake]

Employment law is a devolved matter for Northern Ireland, I understand, but we will continue those conversations. I note his point about an Order in Council, and we will take forward discussion on that.

My hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) spoke passionately about this issue, and he reflected on what it would mean for him as a husband and father. He rightly talked about how this is a great injustice and how we need to address it, and I am pleased to tell him that that is exactly what we are doing.

To conclude, the Government support the Bill’s intent as an important extension of support and protection for those parents who have to face one of the most challenging and tragic situations. The Government take pride in endorsing this private Member’s Bill, allying our efforts with an unwavering commitment to bolstering workers’ support and cultivating a high-skilled, high-productivity and high-wage economy. It is always good to see support from across the political spectrum, and no less than that has been on show today in this House. This is a hugely important measure, as has been clearly set out in today’s discussion. Again, I thank my hon. Friend the Member for Broxtowe for his unwavering support and advocacy for parents who find themselves in this tragic position. He has been pivotal in bringing this issue to the forefront of our minds and this legislation forward. It is a pleasure to work again with the hon. Member for Ogmore, and I look forward to working with him to support the passage of the Bill.

Shared Parental Leave and Pay (Bereavement) Bill: Instruction

Kevin Hollinrake Excerpts

Instruction
Tuesday 5th March 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

I beg to move,

That it be an instruction to the Committee on the Shared Parental Leave and Pay (Bereavement) Bill that the Committee have leave to make provision about paternity leave in cases involving the death of—

(a) the mother of a child,

(b) a person with whom a child is, or is expected to be, placed for adoption, or

(c) an applicant or intended applicant for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008.

The Shared Parental Leave and Pay (Bereavement) Bill, introduced by the hon. Member for Ogmore (Chris Elmore), was supported by the Government on Second Reading and enjoyed cross-party support from the House. I congratulate the hon. Member on bringing forward this very important Bill. My hon. Friend the Member for Broxtowe (Darren Henry) has also campaigned on the issue.

As it stands, the Bill would require regulations to be made that remove the continuity of service requirement for bereaved partners so that they are eligible for shared parental leave and pay. The Bill aims to provide a parental leave entitlement for bereaved fathers by providing a shared parental leave entitlement, but that is not the only or necessarily the best mechanism available. It is also possible to use parental leave to achieve the Bill’s objective.

[Jim Shannon (Strangford) (DUP)]

There is nobody in the House who does not welcome the legislation and the thought behind bringing it forward. I understand—perhaps the Minister can confirm this—that the Bill will not be law in Northern Ireland, and that it will take a process to make that happen. Will he outline the process that will ensure that those in Northern Ireland have the same opportunities as those the Bill?

[Kevin Hollinrake]

I am very happy to work with the hon. Gentleman to ensure that is the case. We will do everything possible to support those efforts in Northern Ireland.

My officials are working to complete a comparative analysis of shared parental leave and paternity leave entitlements to establish which mechanism is best to achieve the Bill’s intent. To ensure we use the best available mechanism to deliver this entitlement, we are seeking to broaden the scope of the Bill to include paternity leave. In that way, both shared parental leave and paternity leave can be considered in Committee. We are of course working closely with the hon. Member for Ogmore on that.

What is more, the instruction would enable a Committee to consider amendments that would extend the measures to new parents who have their children through other routes, such as adoption or surrogacy arrangements. Where possible and appropriate, the Government aim to afford adoptive and surrogate parents similar employment rights to those we give to birth parents. Employed parents who have their child through adoption or surrogacy arrangements may be entitled to adoption leave and pay, or paternity leave and pay. Extending the provision in the Bill to new parents who have their children through those other routes is consistent with the Government’s stance on this issue. I have discussed this motion with the hon. Member for Ogmore, and I appreciate his support. I commend the motion to the House.

Shared Parental Leave and Pay (Bereavement) Bill

Kevin Hollinrake Excerpts

Committee stage
Wednesday 20th March 2024 Public Bill Committees

[Tracey Crouch (Chatham and Aylesford) (Con)]

I congratulate both colleagues—the hon. Member for Ogmore and my hon. Friend the Member for Broxtowe—on bringing forward this vital piece of legislation. It is interesting that there is a public perception about what we do in this place, and this Bill is exactly what people do not see. It has come about from a surgery appointment that showed a clear gap in shared parental leave. I congratulate both Members on the important work that they have done on this issue. I hope that those of us who are introducing the Bill never have to go through those tragic circumstances, but if we do, we should be comfortable and confident that we and our constituents will benefit from it.

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

It is a pleasure to serve with you in the Chair, Mr Paisley. The Bill will provide bereaved parents with the support and protection that they need during one of the most devastating periods of their lives. Although we estimate that the number of people affected by these circumstances is thankfully low, the emotional strain and physical toll of caring for a new child while grieving the loss of a partner is simply unimaginable. I am pleased that the Government are able to support this important piece of legislation.

On Second Reading, the ambition of the Bill gained cross-party support in the House, and I am pleased to hear a similar sentiment being expressed today. Since Second Reading, we have discussed our plans for the Bill with stakeholders and we look forward to continuing to work with them. I also thank my right hon. Friend—sorry, my hon. Friend the Member for Broxtowe; it is only a matter of time. His tenacious campaigning efforts were a key factor in getting the Bill to this stage.

[Theo Clarke (Stafford) (Con)]

I echo the Minister’s sentiments on the cross-party support for the Bill. I particularly commend my hon. Friend the Member for Broxtowe. I remember when he came to see me several months ago to tell me about the case of his constituent in relation to my birth trauma inquiry. I was pleased to support this Bill, and I spoke in his related debate in Westminster Hall on his ten-minute rule Bill. I am delighted that the Bill has been taken forward and that we are finally closing this legal loophole to support constituents like his.

[Kevin Hollinrake]

I congratulate my hon. Friend on her campaigning work on a slightly separate but related issue. She does a fantastic job and we are making great progress. This place is no stranger to repetition, but it shows that persistence pays, and my hon. Friend the Member for Broxtowe has done a fantastic job pressing for change over a number of years, so he deserves the accolades he has received today.

I am glad to be working with the hon. Member for Ogmore, who has been incredibly collaborative and constructive in his discussions. I am sure he will deliver the Bill in good time and I thank him for his hard work and approach.

It was necessary for the Government to move a motion in the House to issue an instruction to allow the Committee to consider amendments to the Bill that would otherwise be out of scope. The instruction was debated and approved in the House on 5 March. Let me briefly summarise the changes to the Bill’s scope that it permits. First, we felt it was necessary to broaden the Bill’s scope to enable us to consider paternity leave as well as shared parental leave as the appropriate vehicle to deliver the entitlement. Secondly, the Bill’s scope was expanded to allow the Committee to consider the inclusion of bereaved fathers and partners who have their child through other routes, such as adoption or a surrogacy arrangement.

On the amendments tabled by the hon. Member for Ogmore, new clause 1 provides many of the key provisions of the revised Bill. It establishes the legal method—paternity leave—that will be used to deliver the entitlement, and it expands the group of parents who can be included in the entitlement. I am pleased that we have been able to extend the Bill’s scope to include the parents of children through domestic adoption and to give us the power to include in regulations those who are parents through surrogacy and international adoption. No parent with a newly born or adopted child should be in a position in which they do not have access to statutory leave to care for their child in the event of the death of their partner.

Crucially, the new clause requires regulations to be made that set out that a surviving parent can take this kind of leave even if they do not meet the continuity-of-service provisions, and that enable a surviving parent to take paternity leave even if they have previously taken a period of shared parental leave prior. The new clause also enables the regulations to make provision for the tragic situation in which the child also dies. The regulations can allow a surviving parent to remain on leave for a period after the child’s death because the Bill sets aside the requirement that in such circumstances parents must use their leave to care for the child or support the other parent.

New clause 1 also gives the Secretary of State the power to make regulations that enable a parent to take keeping-in-touch days while they are on paternity leave, and the power to make regulations to give enhanced redundancy protection to parents who take paternity leave in such tragic circumstances, after they return to work. The provisions in the new clause are essential to deliver the intent of the Bill, so I agree with them. As Members will have seen, the provisions of new clause 1 will replace those in clause 1, so it is necessary to leave out clause 1.

Amendment 5 changes the long title to accurately reflect the Bill’s amended contents. I agree that it is necessary to ensure that the long title accurately reflects the Bill’s contents.

Like the hon. Member for Ogmore, we intend to vote against clause 2, which contains provisions that we do not consider to be necessary, including a wide-ranging Henry VIII power, a power to make transitional and savings provisions, and a stipulation that an affirmative procedure will apply to regulations. To clarify for the Committee, such a stipulation is not necessary in relation to the substantive powers because the powers in the 1996 Act that the Bill amends are already subject to the affirmative procedure. As is standard practice, the power to make commencement regulations is not subject to a parliamentary process.

Amendments 3 and 4 are largely technical. Amendment 3 refers to the statutory instrument necessary to commence the Bill, while amendment 4 is consequential on new clause 1. I agree that the amendments are necessary.

Let me address the point that my hon. Friend the Member for Broxtowe made about pay. Again, he has been a doughty campaigner on this issue. I understand his concern, but we do not believe that it is right. Currently, no statutory pay entitlements, including statutory maternity pay, are available on the first day of a job. This is because employers, apart from small businesses, are required to contribute towards the cost of statutory parental pay, as well as meeting the costs associated with their employee’s absence from work, and new employees have not yet had time to make reasonable contributions towards their employers’ businesses. But I am sure that will not stop my hon. Friend campaigning on the issue in future.

[Alicia Kearns (Rutland and Melton) (Con)]

We come to this place to be a voice for our constituents, and I thank the Government for supporting this Bill—including the amendments that may or may not be voted for or against.

On that point around pay, I gently make the point to the Government that I fully endorse the view of my hon. Friend the Member for Broxtowe that there should be pay associated with this to support those families. I cannot imagine the agony of losing your partner and being left—hopefully, at least—with your baby and then facing the injustice of finding out that you do not have the leave not only to live through and recover from your trauma, but to care for that baby. This is important. We come to this place to right wrongs, and, today, the two hon. Gentleman, who I call my friends—the hon. Member for Ogmore and my hon. Friend the Member for Broxtowe—have done that. I thank them both for righting those wrongs. This is why we come to this place.

[Kevin Hollinrake]

My hon. Friend makes some very strong and worthwhile points, and I thank her for those.

To conclude, I would like to thank the Committee members for their valuable contributions. This Bill is an important extension of support and protection for parents facing one of the most challenging situations of their lives. The Government take pride in endorsing this private Member’s Bill, aligning our efforts with an unwavering commitment to bolstering workers’ support and to cultivating a high-skilled, high-productivity, high-wage economy.

I thank all hon. Members, but I particularly thank my hon. Friend the Member for Broxtowe and the hon. Member for Ogmore for working with me to develop this Bill into a piece of legislation that will work effectively for parents and businesses alike. I look forward to working with them during the future stages of the Bill.

[Chris Elmore]

I start by thanking the Minister most sincerely. There is a process with private Members’ Bills —perhaps I am issuing state secrets from the Government and Opposition Whips Offices—where handout Bills are worked through to ensure that private Members’ Bills can be delivered. This was not one of those Bills. I say this sincerely: the Minister, and indeed his officials, have been incredibly constructive in working with me to ensure that we do not let the perfect get in the way of the good, as the right hon. Member for Staffordshire Moorlands—I call her my right hon. Friend—says a lot in her Procedure Committee work, although I do not think that she invented the phrase. This Bill is that; we have made a significant step in the right direction, and, throughout the course of employment rights legislation, these things often started as leave, and then moved to the next step, and so on and so forth. Indeed, I do not think that shared parental leave was in legislation until the Cameron Administration, and I think that paternity leave was invented by the Blair Administration. These things move and change throughout history, regardless of party politics.

That brings me to my broader point. I pay tribute again to the hon. Member for Broxtowe, because he has been a huge advocate for his constituents, but he has also been very good in lobbying me—a skill in itself—to convince me to take on the Bill. However, as I said on Second Reading, I do not want this Bill to help many people, because the whole point of it is to support people in their darkest hour, and nobody—Conservative, Labour, Scottish National party or Plaid Cymru—would want anybody to face this horror: the joy of being a parent and the unimaginable loss of losing a partner. Being a parent should be nothing but joy—and exhaustion, particularly when they are first born. It should not be about just blind grief. I am trying to understand how that feels, but I cannot imagine it, and I hope that I never have to face it. The numbers are small—and thank God for that—and I hope that they always remain small.

I would like to place on the record, although I mentioned them briefly, the Minister’s officials. I have had an insight into the work of the civil service over the past few weeks, and all I can say is that I am hugely impressed by it. The work that they have done has been wonderful. I also thank my staff, particularly my researcher, Alex Williams, who has spent many an hour working through this Bill, including with civil servants—I thank him for that. It is always nice to get one’s staff in the Hansard records, as it is not always something that we manage to do.

I thank all Members for their contributions. It is right to say that this House works best when it works cross party. These are the things that are not seen. This is genuinely a Government and Opposition Bill, and that is how these Bills should be; they should be about cross-party working as often as we can.

To move to a technical point, I reiterate the importance of this piece of legislation, and I hope that as we move to our decisions, under your stewardship, Mr Paisley, we will get the noes and ayes in the correct place—we will see how this works out. I hope that the Bill can proceed successfully to the next stage, to Report and Third Reading. It is my intention to vote against clause 1; I understand the procedural reasons for that. Good luck, Mr Paisley.

Paternity Leave (Bereavement) Bill

Kevin Hollinrake Excerpts

3rd reading
Friday 26th April 2024 Commons Chamber

[The Minister of State, Department for Business and Trade (Kevin Hollinrake)]

May I first express my thanks to the hon. Member for Ogmore (Chris Elmore) for bringing forward this important Bill and for his collaborative efforts all the way through. He is an absolute pleasure to work with and has always displayed a real Whip’s pragmatism in making sure we got this Bill to the right place so that it could proceed as smoothly as possible. It is great to see so much cross-party support for it.

I also thank my hon. Friend the Member for Broxtowe (Darren Henry), who has long campaigned on this issue and brought it to my attention. In 2022, one of the first meetings I had in my ministerial role was with him. He joined me with Aaron, who is in the Gallery today, and his son Tim. We express our very best wishes to them for their campaigning. My hon. Friend mentioned the power that people such as Aaron have to influence thinking in this place, but that power has to be channelled through a willing and capable Member of Parliament—he will be a Minister in due course, I am sure—and he has displayed that throughout. He has been persistent and his arguments have always been compelling, and persistence is important in this space. He has always engaged with me, trying to find the best way to bring this legislation forward, and he has found it. I am grateful for his efforts, and so many parents will be, too, so I thank him very much for his work.

The hon. Member for Ogmore said—I think profoundly—that there is no politics in bereavement, and that is absolutely right; there should not be. It is always a pleasure for any Member to bring forward a private Member’s Bill, and these things are always team efforts. I was delighted to have that opportunity a couple of times myself as a Back Bencher with the Guardianship (Missing Persons) Act 2017 and the Parental Bereavement (Leave and Pay) Act 2018, which was first promoted by my hon. Friend the Member for Colchester (Will Quince). I picked that up on the back of his persuasion when I was drawn high in the ballot. It is always a pleasure to say you have achieved significant change in this place, and both Members who have contributed today and made the largest contribution to bringing forward this Bill have done that in no uncertain terms.

Unlike entitlement to maternity leave, which starts on the first day of a woman’s employment, there is currently no day one leave entitlement for employed fathers and partners. As such, if a mother dies in the first year of a child’s life, a father or partner who has not met continuity of service requirements for paternity or shared parental leave will not have the statutory right to take leave so that they can care for their child. In those tragic, but thankfully rare, circumstances, they need to rely on the compassion of their employer to provide them with adequate leave and job security. It was good to note that Aaron’s employer did show compassion, but that cannot be relied on as a matter of course. As my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) said, we decided to use the paternity leave elements of our framework to deliver this legislation, which covers more circumstances. The new statutory entitlement will offer day one leave for fathers and partners in the event of the mother’s death in the first year after the child’s birth. Those are tragic circumstances, and it was very moving to hear my hon. Friend the Member for Hyndburn (Sara Britcliffe) talk about her constituent who is in that situation.

Members have asked in the past for the entitlement to be a paid right. In line with other entitlements, such as statutory parental pay, and for consistency of approach, the Government believe statutory pay should be available only to employees who meet continuity of service and minimum earnings tests. Other than in the case of small employers, employers are required to contribute towards the costs of statutory parental pay and meet the costs associated with their employees’ absence from work. Those requirements reflect the relationship between employer and employee, and are designed to ensure a parent has made a reasonable contribution to their employer’s business before that employer is required to administer statutory parental payments.

On the number of people the measure should apply to, as the hon. Member for Ogmore stated, there are about 180 maternal deaths within 12 months of childbirth per annum. For a variety of reasons, we cautiously assume that 50% of those eligible will take up the leave entitlement. For example, it is highly likely that those who are eligible for shared parental leave and pay will take that paid entitlement instead, and some employers may provide paid bereavement, compassionate or special leave. Although the numbers may be small—we estimate fewer than 100 per annum—we are committed to ensuring parents in that position have a dedicated leave entitlement.

Once in force, the Bill will give bereaved parents the support and protection they need during one of the most devastating periods of their lives. It will be available to employees, regardless of how long they have been working for their employer, provided they fulfil other eligibility criteria. Although we estimate that the number affected by those circumstances is low, the emotional strain and physical toll of caring for a new child while grieving the loss of a partner is unimaginable.

I am pleased that the Government can support this vital piece of legislation through the Houses. On Second Reading and in Committee, its ambition gained cross-party support. We continue to discuss our plans for the Bill with stakeholders, including the Federation of Small Businesses, the Institute of Directors, the Confederation of British Industry and charitable organisations such as Working Families and Pregnant Then Screwed, and we look forward to working with them further to develop this legislation.

Losing a partner is a truly horrific experience for anyone, and combining that terrible grief with the challenges of caring for a new baby must be incredibly hard. I very much echo the sentiment expressed by the hon. Member for Ogmore: I sympathise with anyone who finds themselves in that terrible situation.

The United Kingdom has a range of generous entitlements and protections designed to help parents balance their family and work commitments and maintain their place in the labour market. For example, the UK has one of the most generous maternity leave entitlements in the OECD. We also offer paternity leave and pay to fathers and partners, and enable a mother to share her maternity entitlement through shared parental leave and pay. We are also on track to deliver neonatal care leave and pay for those parents who need to take time to be with their baby when they are receiving neonatal care, with up to 12 weeks’ entitlement.

In all, there are seven new private Members’ Bills that expand entitlements in the workplace, and they include: this Bill; the neonatal care legislation; the right to request flexible working; the tipping Bill; carer’s leave, which entitles those with a dependant with long-term care needs to take up to a week’s care leave per year; the right to request predictable terms and conditions—predictable hours, if you like, Mr Deputy Speaker—and protection from redundancy for parents who are pregnant or on maternity leave when they return to work.

[Nickie Aiken (Cities of London and Westminster) (Con)]

My hon. Friend is making a good point about the private Members’ Bills that have been coming through the House to help with employment rights in the workplace. He will recall that I had my own Fertility Treatment (Employment Rights) Bill. Does he agree that it is important that we do as much as we can to support people going through fertility treatment to get paid time off work?

[Kevin Hollinrake]

My hon. Friend is a doughty campaigner and has approached the issue in absolutely the right way. I know that she was keen for us to legislate in that area. We have made so many different improvements to workplace entitlements that we did not feel there was parliamentary time available for that, but I know that she will keep campaigning. In the background, prior to legislation happening, she has worked closely with many employers to ensure that they offer that support on a voluntary basis. She is setting the right standard in showing what can be achieved even without legislation in this place, and I very much support her efforts.

The shadow Minister, the hon. Member for Ellesmere Port and Neston (Justin Madders), asked whether we are considering greater protections against redundancy in certain circumstances. We are, and I am happy to have a continued conversation with him on that.

When in force, the Bill will ensure that a parent who is already grieving the loss of their partner does not have to worry about whether they will get the necessary leave from work to care for their child. As I stated in Committee, the Government wholeheartedly supported the amendments tabled by the hon. Member for Ogmore, which are crucial to ensuring the Bill’s effectiveness, fairness and inclusivity, and support the Government’s commitment to bolster the participation of parents in the workplace.

As with most family leave and pay entitlements, much of the detail will be delivered through secondary legislation, which will come before the House in due course. By introducing this change to the legislative framework, we will ensure that employees who lose their partner in the time surrounding childbirth or adoption have access to a period of leave to care for their new child. This change means that bereaved partners need not rely on the good will of their employer to take time off work—and, importantly, they can stay connected to the labour market until they can return to work.

I thank hon. Members for their valuable contributions to the debate. The Bill is an important extension of the support and protection that we already provide to parents; in this case, it is for when they face one of the most challenging situations of their lives. As such, the Government take pride in endorsing this private Member’s Bill. I again thank my hon. Friend the Member for Broxtowe, other hon. Members who made contributions and, finally, the hon. Member for Ogmore for continuing to work with me to develop the Bill into a piece of legislation that will work effectively for parents and businesses alike. I also thank the officials, who have done such a fantastic job. As I said, it is not just this legislation, because we have six other private Members’ Bills. They have worked under huge pressure this year and done a fantastic job. I very much appreciate their efforts. I hope that the Bill will progress rapidly to the next stage in Parliament.