Ministerial and other Maternity Allowances Bill

Lord Dodds of Duncairn Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 22nd February 2021 Lords Chamber

[Lord Dodds of Duncairn (DUP) [V]]

My Lords, I thank the Minister for his opening statement and for clearly setting out the purpose of the Bill. It is narrow in its application, and I am happy to support it through all its stages in this House. I agree that it is wrong, in this day and age, that Cabinet Ministers who take maternity leave are required to resign. I welcome the extension of provisions to cover the position of opposition officeholders, as well. Women in Parliament and public life generally have faced massive challenges, and our ways of working must be brought up to date as quickly and comprehensively as possible.

However, like other noble Lords, it seems strange to me that it takes the circumstances of an individual case to prompt legislation of this nature. The public will find it very odd that this situation has not been legislated for long before now, rather than being rushed through to accommodate specific circumstances. I also take the opportunity to wish the Attorney-General and her family well, at this time.

I share the view that it would be far better for the Government to bring forward more comprehensive proposals than this legislation to cover paternity, shared parental or adoption leave. I cannot think of any real reason why they could not have included these. None of them is covered in the current legislation; nor is the situation of Cabinet Ministers who are affected by sickness and need to take leave. In recent years, we have had examples of Cabinet Ministers who have had to step down as a result of sickness. It would be good if there was legislation to cover those circumstances, as well.

I welcome the commitment by the Minister and the Government to give urgent consideration to issues such as this and to bring forward proposals to address outstanding parental leave issues in due course. I welcome what the Minister said about an update before the Summer Recess, and we look forward to that. It would also be useful to know how the legislation before us and the situation that has been presented compares to provision made in the devolved Administrations. It is important to have consistency across the United Kingdom.

There are a couple of specific issues that I want to highlight on the particular provisions of the Bill. The first is the time limit of six months for paid leave and the second is the discretionary nature of the provisions, whereby the Prime Minister is vested with certain powers that do not normally apply elsewhere—a matter just alluded to by the noble Lord, Lord Pannick. That Ministers are public officeholders, appointed by the sovereign on the advice of the Prime Minister using the royal prerogative, limits what can be put in statute. I recognise that. However, having to seek the permission of the Prime Minister of the day to take maternity leave, as provided for in the Bill, seems incredibly anachronistic. It leaves open the rather bizarre possibility that the Prime Minister could refuse such a request. Neither a Minister in such a position nor the Prime Minister of the day should ever be put in that position, however theoretical. I think that the six-month period is too restrictive; there is no good reason why it should not be for up to 12 months. The current law on statutory maternity leave is 52 weeks, after all, and it would seem reasonable to extend the period to that.

It is also important that the Government address wider, general issues concerning maternity leave and statutory maternity pay. No one should face discrimination or undue financial loss as a result of having a child and no one should ever be in the position of having to give up their job. The low level of statutory maternity pay or allowance generally in this country is cast into sharp relief by the provisions of this Bill, which allow six months’ maternity leave on full pay. As this legislation is brought forward today to deal with the position of Cabinet Ministers, it cannot be long before the Government address wider issues affecting mothers and fathers across the board in this country.

Finally, I fully support the noble Baroness, Lady Noakes, in her recent amendment. I wholeheartedly endorse the argument that she and other noble Lords have advanced in advocating their support for that amendment to the Motion, and I will certainly support her, if she presses it to a vote.

I have great concerns, as expressed in the other place and by noble Lords, about the use of the word “person”, as opposed to “woman”, in the Bill. I have yet to hear a satisfactory explanation from the Government for why this is the case. It is baffling, and not just to Members of Parliament—it is something that most members of the public will find utterly inexplicable. I hope that the Government listen to what noble Lords have said in this House and move to rectify the situation, as the Bill goes through its different stages.