Parental Bereavement (Leave and Pay) Bill (First sitting)

Kevin Hollinrake Excerpts

Wednesday 31st January 2018 Public Bill Committees

[The Chair]

With this it will be convenient to discuss clause 2 stand part.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

It is a pleasure, as always, to serve under your chairmanship, Mr Gray. I will set out briefly the purpose of the Bill. No one would doubt that losing a child is the most harrowing experience for any parent. It is the thing we dread most. As a father of four, I know that is every mother or father’s worst fear, and one that never goes away.

First, I pay tribute to members of the Committee, in particular, my hon. Friends the Members for Banbury and for Eddisbury and the hon. Member for North Ayrshire and Arran—and, of course, I pay tribute to my hon. Friend the Member for Colchester for his incredible work in this area. I am fortunate to have the opportunity hopefully to carry the Bill through to its final stages, and I am keen to do so as quickly as possible to ensure that we get it over the line. So much good work has been done in this Parliament and the previous one to ensure that this important piece of legislation comes forward.

Many charities have been in touch to express their support for the Bill, such as Child Bereavement UK, Bliss, Together for Short Lives and Jack’s Rainbow, as well as the all-party parliamentary group on baby loss, the all-party parliamentary group for children who need palliative care, and my constituents, Annika and James Dowson, who first drew my attention to their terrible tragedy with their daughter, Gypsy, who was stillborn. They—like many people in such situations—have found a way to channel their grief by using their efforts to alleviate the suffering of others in the same situation. In their case, they have raised much money for the bereavement suite at Scarborough hospital.

I am also grateful for the cross-party co-operation we have seen—we are all keen for the Bill to progress. Many other people have been involved, including the parliamentary digital outreach team, who helped us to get in touch with many people who have suffered these terrible tragedies and let us learn of their experiences.

The Bill puts on the statute book for the very first time that parents will have a day-one entitlement to two weeks’ leave if they should suffer this tragedy. We talked to many people about this Bill, and when we explain its provisions, people say, “Why is that not the case already?” That is a good start to introducing new legislation; there is clearly something wrong when such legislation does not exist already.

The entitlement is for a child below the age of 18. I know that there are some amendments that we will debate, which ask whether we have all the provisions in the Bill in the right place. I am very keen to hear from members of the Committee about whether the current qualifying criteria are correct.

There is also the rate of pay for this leave. After 26 weeks, there is an entitlement to statutory pay—£141 a week, or 90% of earnings. There is also flexibility in taking the leave—those two weeks over the first eight-week period. Again, I know that is something we need to discuss in this Committee.

We will also consider eligibility. Is the leave for biological parents, or for a wider group of people who come under that umbrella term, “parents”? These days, of course, people tend to have a number of parental figures in their life and we need to take time to consider such points properly.

I think that we are all aware of the fragility of the private Member’s Bill process. We are delighted to have Government support for this Bill, but we are very keen to ensure that we get it through at the earliest opportunity, so that those people who have lost children receive the support they need.

On examination of the Bill, all hon. Members will have noticed, of course, that clause 1 is uncontroversial and simply allows for consideration of the substance of the Bill—the schedule that is referred to. Clause 2 is just a procedural clause, which provides for the date on which the Bill will come into force, the extent of any amendment or appeal as set out in the schedule, and the short title of the Bill.

With your agreement, Mr Gray, I propose that we do not dwell on clause 2 and instead move on to the substance of the Bill, which is in the schedule, once we have considered the proposed new clause.

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As the new face of the Government, I can confirm that the Government stand resolutely behind the Bill. We want to see it enacted and benefiting all those people who are so terribly affected by the loss of a child or by stillbirth. It is an important measure and we want to see it in place. I agree with my hon. Friend the Member for Thirsk and Malton that clauses 1 and 2 are the means to give effect to the schedule and the relevant procedural information. We should therefore progress towards consideration of the schedule, which is where the detail and the meat of the Bill is.

[Kevin Hollinrake]

I thank all members of the Committee for their wonderful contributions. I am delighted to see cross-party support for this very important Bill, and I am keen to move on to the substance of the Bill at the earliest opportunity.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

New Clause 2

Parental bereavement leave and pay: review of extension of entitlement

‘The Secretary of State must, within three months of this Act being passed, lay a report before Parliament reviewing the extension of entitlement to parental bereavement leave and pay to people who are self-employed or are employed on zero-hours contracts.’—(Patricia Gibson.)

This new clause would require the Secretary of State to review the extension of parental bereavement leave and pay to self-employed people and those on zero-hours contracts.

Brought up, and read the First time.

[Patricia Gibson]

I beg to move, That the clause be read a Second time.

Parental bereavement leave is a contributory benefit. As set out, those bereaved parents who are envisaged to be eligible for leave under the Bill will need to meet the minimum requirements relating to continuity of employment—they will need at least 26 weeks with their current employer. During that leave, earnings will be paid at the statutory flat rate, which is set at £140.98 a week or 90% of average earnings, whichever is lower. Later, under other amendments, we can have a debate about how far short those provisions fall of what we want, but I urge the Minister to consider how these entitlements for bereaved parents will be extended to those in precarious work, such as those on zero-hours contracts.

That is important because, as we have all agreed, the Bill is about supporting parents who suffer the awful experience of having to bury their own child. This surely cannot and should not be reduced to a matter of work contracts. Our starting principle is the loss of a child, so I urge Minister to include as many bereaved parents as possible within the Bill’s remit. Remember, many people on precarious contracts are on them because it is so difficult for them to find the permanent, secure employment that we would all wish to have. Many of them are struggling because there are too few employment protection rights anyway. If they do go through the awful nightmare of losing their child, they will continue to lose out.

I remind the Minister that the loss of a child can often lead to the complete breakdown of a marriage. Sadly, in the ordinary course of events, 50% of marriages end in divorce, but some studies show that the death of a child makes the bereaved parents eight times more likely to divorce than other couples. There is a social cost to divorce, and it is often borne by the state as well as the families. Bereaved parents are more likely to develop depression and other mental health issues. Some turn to drink or other forms of self-medication; some even drop out of the workplace altogether and become economically inactive. I say that to the Minister because apart from the compassion that the Bill should show to bereaved parents who might be excluded from it under its current terms, from a purely financial perspective—leaving the compassion behind—it makes sense to offer that monetary support during the critical early days following a bereavement.

I urge the Minister to give serious consideration to including these provisions in the Bill, so that parents who are doing their best and working hard, but do not enjoy the security of a permanent contract and all the rights that it confers, do not miss out should they face this awful tragedy. We should extend the rights to them as well.

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[Kevin Hollinrake]

I have a great deal of sympathy with many of the hon. Lady’s arguments. The world of employment is changing rapidly. We are in a new world. Although I have been self-employed virtually all my life and I see self-employment as a wonderful opportunity for people to get on in life, there is no doubt that some companies are using another kind of opportunity to circumvent the employment laws that have been developed over centuries, so that it is easier and cheaper for them to employ people. The concern is that that is also being done to avoid the other obligations that employers have to employees, which is the point the hon. Lady was getting at.

Truly self-employed people tend to have more flexibility in their work, so they have other means of taking the time off that is required in these tragic circumstances, but we do not want future employers to use that to circumvent legislation. We need to look at that, and the Government are looking at it in the form of the Taylor review, which considers modern working practices. In July, as the hon. Lady knows, it reported on the overall context of legislation, including its impact on self-employed people and whether the gig economy is being abused to get round employment rights. The provisions in the Bill generally mirror other parental entitlements. The Taylor review may well recommend that some other parental provisions apply in these circumstances, which may affect this legislation in future. We need to look at the difference in entitlement between employed and self-employed people.

Throughout the process, we were keen to engage with charities and to listen to how we might improve the legislation based on their experiences. I mentioned some of them in my opening remarks. They include Elliot’s footprint, Together for Short Lives, the National Bereavement Alliance, the Rainbow Trust and Bliss. Other bodies such as Unison have submitted points to consider; people will be familiar with many of them. Charities suggested that we look at the issues around self-employment. We and the Government should consider that in the context of wider employment legislation.

Another matter that I do not have much influence over in this Committee, and which would complicate things in a way that none of us wants, is the impact on the Exchequer. It is important to state that we are spending taxpayers’ money. The financial context is that under the new clause, the Exchequer would pay the statutory pay for people in these circumstances. We have to take that into account. That amount has not been calculated, so that could cause more delays.

[Patricia Gibson]

I remind the hon. Gentleman that there may well be a social cost if people do not get the support that they need. The statistics around bereaved parents do not make for comfortable reading.

[Kevin Hollinrake]

The hon. Lady makes a very good point, and I would not argue against that for a minute. My hon. Friend the Member for Colchester talked about the impact of the employer treating his workforce properly and how that can lift morale, or certainly does not damage morale, and how treating people with consideration can get people back to work more quickly. I am sure that that applies in a wider social context.

My point was that for any legislation, we look at the impact assessment, including the obvious hard-cash impact. In this case, that would require a revisitation of the assessment, which could cause delays in the Bill process. At this point, it is probably fairer to let the Minister have his say, because he is best placed to respond to those points.

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[Andrew Griffiths]

My hon. Friend is absolutely right, and I hope that I can give him the comfort he seeks. The Taylor review made a number of recommendations, including some relating specifically to the self-employed and those on zero-hours contracts, as has been said. It might be helpful for the Committee if I clarified the position on the employment status of people who are engaged on zero-hours contracts.

There is a perception that individuals who have flexible work contracts—or who work on zero-hours contracts, as they are termed—automatically have fewer employment rights. That is not the case and an individual’s employment status is established by the reality of their working relationship. An employer cannot and must not remove statutory rights for an individual simply by getting them to sign up to a contract with flexible hours of work. That means that individuals who are on zero-hours contracts, part-time contracts or any other type of flexible arrangement can still be eligible for the same statutory employment rights as any full-time employee doing the same work. An individual on a zero-hours contract might already qualify for parental bereavement leave under the terms of the Bill. It is important to ensure that that point is not lost in these important discussions.

The Government’s response to the Taylor review is long awaited. We hope we can publish that review very shortly. I cannot at this stage give a definitive time, but I think the term “imminent” is—

[Kevin Hollinrake]

Very ministerial.

[Andrew Griffiths]

Yes. There is a great expectation that in the very near future, the response to the review will come from the Government, and I think it will address such issues. The review included comments about the approach to tax, parental leave and pay entitlements for self-employed people. I suggest that this is not the time to include the new clause in the Bill. I think it is presumptive for us to talk unilaterally about this issue when in a short period of time, wider employment rights—

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[Carolyn Harris (Swansea East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray. First, may I say how passionate I am, as a bereaved parent and a campaigner to get as much support as possible for bereaved parents at the darkest and most painful time of their parental lives, to see the Bill come to successful fruition?

The amendments would extend the definition of a bereaved parent to include foster parents for the purposes of taking parental leave. The latest figures from March 2016 show that there were 51,805 children and young people in foster placements, and that evidences the vast number of families that the amendments would account for. While local authorities may on paper be the legal parent of children in the care system, it is the foster parent or carer who delivers the parenting in their homes as a family. Although many foster placements are short-term interventions, a huge number of children are placed with families for much longer periods of time. Currently 47% of all independent fostering agencies households and 38% of local authority households are offering either long-term or permanent placements.

Irrespective of whether children are being fostered in the short term or the long term, foster parents and carers form very strong bonds, often in the most difficult circumstances. The strength of that bond is highlighted by the growing numbers of young people choosing to stay with their foster families after their placement has ended.

We are now seeing more and more foster carers reporting that they are having to take on paid employment to subsidise their allowances, if indeed they have any allowances to start with. They are just as much working parents as anyone else and therefore deserve the same recognition.

To finish, I will use the words of Marie, a foster carer from Leeds and former member of GMB, the union for foster carers:

“Foster carers feel too, we are not super humans and go through the same grieving process as everyone else. To provide our young people with the emotional support they deserve from us, we need to be afforded the time as every other worker is to come to terms with the loss of a loved one.”

[Kevin Hollinrake]

This is a place of debate and discussion, but there are no words that could possibly describe or give comfort when people talk of their personal experiences of losing a child. We have all heard stories in the Chamber and are humbled by them. It is important that we hear the personal experiences and tragedies to make sure that we consider the points around the legislation and to connect us to the wider world of other people who have suffered terrible experiences.

Defining a parent is without a doubt one of the toughest jobs we have here. In the world we live in, there are lots of different people who would consider themselves parents and lots of children who might define that in different ways than we might. Through the engagement we have had through Facebook and with charities on the issue, stories about all kinds of different elements that need to be properly considered have been relayed.

On Facebook, Mandy Ruston told us about her partner, not a biological parent, who, after they lost their child in a hit-and-run accident, was told by his employer to return to work in the early days after that tragedy. That is a situation that I am sure we would want to cover. Nicky Clifford talks about the child’s grandparents, who felt they suffered a double loss when Mrs Clifford’s son died. Together for Short Lives, along with Holly Simon, who contacted us on Facebook, believe that leave should be extended to legal guardians, working grandparents, aunts and uncles. The Rainbow Trust, which does such fine work providing support for families where children are diagnosed with life-threatening or terminal illnesses, felt we should extend the leave and pay to legal guardians such as foster carers, a point covered by the amendment. Unison, which represents 1.3 million trade union members, proposes the definition of a parent be set as wide as possible, including legal guardians and those with formal parenting responsibility.

I do not think we have time in this Committee to look at such matters in their totality. There is much debate and, although it is useful to consider the issues and it is very good to hear different perspectives from Committee members, I return to the point about the fragility of the Bill and the time we have to consider it in Committee and the Chamber. As my hon. Friend the Member for Banbury stated, this is a framework Bill that allows the powers to be debated and discussed properly and to go through consultation to ensure we get this right.

[Will Quince]

There are all sorts of amendments before us today and lots of us would like the Bill to go further than it does. There are many reasons why that is not practical or necessarily the right thing to do at the moment. Will my hon. Friend confirm that this is the beginning of the process? As we have seen with many other pieces of legislation, they get amended over time to increase the scope, bring more people in and provide further rights, but it has to start with a statute.

[Kevin Hollinrake]

My hon. Friend makes a good point. We all want to see this legislation on the statute books. To borrow a phrase I heard the Minister use, the perfect should not be the enemy of the good. We need to get this legislation through, so I entirely agree with my hon. Friend.

This is not only an enabling framework piece of legislation, but a signal to employers. It gives the minimum possible standard that employers should give to their employees. I am an employer outside this place—as well as inside it, as we all are. I am sure if one our team members suffered a tragedy such as this—whether they were a grandparent, a brother, an uncle, or, obviously, a parent—we would all be considerate and give time off. I imagine we would give time off at full pay, rather than statutory pay. That is what we expect.

Today we are setting the signal and framework, not just in the legislation but for employers to recognise the terrible tragedies and the impact on their workforce. I do not want to agree to amendments at this stage because of issues around timing and proper consideration. We could end up in ping-pong with the other place, with redrafting and other ideas about the definition of a parent, which would take time.

My hon. Friend the Member for Banbury made some very good points about examples of parents—biological parents, step-parents by virtue of marriage or civil partnership, the mother or father at the time of birth, and adoptive parents. It is absolutely right to consider all of those. The concern would be about who we are missing, as that is probably not an exhaustive list. We need to consider this properly.

I have often heard the hon. Member for Swansea East speak with passion about these issues. I accept many of her arguments, such as including a person with parental responsibility or a foster parent. It is absolutely right that we should consider those. I have those same concerns but I am also concerned to ensure that the legislation gets through in good shape and good time, and that we have a parallel process for consultation on the definition of a parent in order to get it absolutely right.

I would be in favour of widening that as much as possible but we clearly need to have consideration for employers as well, to ensure that we get this right. I know that the Minister has officials from his Department looking at consultation on the definition of a qualifying parent. It is important to consider the outcome of that consultation. I am sure the Minister and his Department’s officials will do that. We will make sure that we properly consider these issues.

I encourage all Members to continue to input into the process to ensure that we get this right, without making a firm decision at this point. I hope my hon. Friends and the hon. Member for Swansea East agree it is sensible not to press the amendments. To ensure we get this right, we will give it proper further consideration to ensure we have a proper, systemic approach to define accurately a parent in this regard.

[Laura Pidcock]

The anxiety with which hon. Members want the Bill to go through is almost palpable. There is twitching, nudging and a few sweat beads in case any of us might wreck it. Of course I understand that and would not want to be the person who—two weeks into a job—ruins the Bill. However, it is imperative that we question the Government and the Bill’s promoter, because all the time, we are saying, “That can come later; that can be considered later,” but that is not an assurance or a warm signal to people who are in precarious work, are foster carers or are not directly mentioned in the Bill. The Bill is to be celebrated, but it leaves lots of people out. I come back to the point that was very helpfully—