Neonatal Care (Leave and Pay) Bill

Luke Hall Excerpts

2nd reading
Friday 15th July 2022 Commons Chamber

[Luke Hall (Thornbury and Yate) (Con)]

I am genuinely delighted to rise to support the Neonatal Care (Leave and Pay) Bill. For me, as for other hon. Members and many families around the country, this is much more consequential than any political debate happening this week that might be receiving more attention. I could not be happier that we are here at Second Reading.

I sincerely thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for bringing forward the Bill and for introducing it in the way that he did. He spoke eloquently about some of the challenges facing parents, he outlined why the Bill is important, and he took us through some of its important elements. I know that he understands how important it is to many people. I also thank the hon. Member for Glasgow East (David Linden) for championing the Bill as chair of the all-party parliamentary group on premature and sick babies, and for helping us ensure that it got to Second Reading today.

Every year in the UK, tens of thousands of babies receive neonatal care. For the families of those babies, as we have heard, that can be life-changing. Neonatal care is the type of care that a child receives in hospital if they are born premature, at full term but with a condition or illness that needs medical attention, or with a particularly low birth weight. Rather than the families bringing their child home shortly after birth, the child is admitted to a specialist neonatal intensive care unit to receive the support that ensures that they have the best possible chance of survival—in some cases—and of quality of life.

There is a huge wealth of evidence that suggests that the more time that a parent spends with their child in NICU from as early as possible, the better their chances and outcomes. Crucially, this Bill will allow parents to take additional time off work when their child is in neonatal intensive care to ensure that they are no longer in the ridiculous and impossible position of having to choose between keeping their job or spending time with their child.

Once the Bill is enacted, neonatal leave and pay will be available to employees whose child spends more than one week on a NICU. It will provide up to 12 weeks’ paid leave for qualifying parents. Currently, parents of a child in neonatal care rely on the existing statutory requirements that we have already heard about so they can be off work with their child in hospital, which means that parents spend a proportion of their maternity or paternity leave with their child in hospital.

Babies who have spent a long time in hospital after birth are, of course, at an earlier stage in their development when their parent has to go back to work compared with their peers. That is particularly challenging for lots of mothers who want to spend that extra time at home with their child and for fathers and non-child-bearing parents who often go back to work when their child is still in hospital, sometimes still on ventilation and being fed through a tube. It is completely unacceptable. All that has only ever led in one direction: reduced parental involvement, huge pressure on families and a reduced opportunity for bonding at an early stage.

[Mary Robinson (Cheadle) (Con)]

I am grateful to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for bringing this important Bill to the House. It has such great support. My hon. Friend touches on an important point. My constituent got in touch about her experience when her child was in neonatal care. Her husband forwent his parental leave until after the baby came out of hospital, so that he could spend time with the baby at home. Those missing weeks really make a difference to the bonding and matter to the parents and the child, so I welcome the Bill.

[Luke Hall]

My hon. Friend is absolutely right, because it only leads in one direction—parents being with their children less in hospital—and the main reason for that is simply that parents cannot afford to take the time off work. That is happening to the families of premature children every single day up and down the country.

For me, as for many other families and hon. Members present, this is personal. In my family’s case, I remember my wife being admitted to hospital 22 weeks into her pregnancy. She was told that she could give birth at any time and that she would have to stay in hospital for the duration of her pregnancy. We had to wait day by day hoping that she would stay in hospital and the pregnancy would continue.

I remember hoping that the late-night phone calls from the hospital at 2 o’clock in the morning were bringing good news rather than bad. I remember the incredible day that he was born at just 28 weeks. He weighed 2.4 lb—he was absolutely tiny—and stayed in NICU for 72 of the longest days I could possibly describe before coming home. It is important to say this, because, for so many families of premature children, this is a very, very long journey. It does not start the day the child is born. It does not start the first day or the eighth day; it starts often months beforehand. There is a huge mental toll, as we have heard already, on parents when they are in NICU with their child. We know that the mental health of the majority of parents suffers. Of course it does.

Parents, whatever the circumstances, want to be with their children when they are born. That is completely natural, but when your child is so small and so vulnerable, it is painful to be apart from them. You just want to be there. Too many parents have to sit with their children while they are in incubation worrying about whether they can afford to pay the bus fare home. We cannot allow that to continue and this Bill will play an important part in stopping that happening.

People were delighted when numerous parties made the manifesto commitment to introduce neonatal leave and pay. I would have loved this to be delivered two years ago through a Government Bill, but—I have to be honest—that does not matter to me today. All that matters is that the Government embrace this as the opportunity to deliver this important commitment that we have made with open arms.

On the Bill itself, I want to thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East and the Government for the way they have worked with us so far on this. I also thank the previous Minister, the hon. Member for Sutton and Cheam (Paul Scully), who gave so much time to talk to us about finding a vehicle to introduce this. I know that the new Minister will take up the cause with equal vigour.

I want to raise a couple of points. The first is the timing of the introduction of the Bill. The normal practice would be for it to be introduced at the start of a new financial year. Back in March 2020 in the Budget, the Government committed to introduce the measure in the 2023-24 financial year and set the funding aside for it. To meet that, in what is now an incredibly challenging timescale, the Bill needs to pass through Parliament quickly. Will the Minister talk in her wind-up about the proposed introduction date and whether we can still meet the 2023 target? I believe that there is precedent for Bills getting done quickly. It is important because, if we introduce the measure in 2024 rather than 2023, we will needlessly leave thousands more parents in the situation for a year longer than is necessary.

We had conversations with the previous Minister for quite a long time about making sure that the background work continued while we tried to find a vehicle to deliver the measure. In December last year, the Minister assured me that the Department was working with HMRC and drafting the guidance for businesses, making sure that HMRC’s IT systems were ready and everything else. Will the Minister update us on how that work is progressing and whether the guidance will be ready on time?

My second point is perhaps more technical and more for Committee. I saw that the qualifying period was seven days, which was completely expected, but that the seven days start the day after birth. That is a point that we can discuss later during the passage of the Bill; it seems a tiny bit at odds with some of the ways in which the neonatal care days are recorded, certainly in England—I am not sure about other parts of the UK.

Delivering neonatal leave and pay will help thousands of babies born needing neonatal care to benefit from their parents being where they should be—by their side providing the hands-on care that is so vital. It will deliver support for thousands of parents who need it during the most difficult days of their lives. I am hugely grateful to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East for choosing this Bill and delivering it the way that he did and to the Government for backing it. The Bill is uncontroversial and has cross-party support. We have waited for it for a long time. I am hugely proud to be here to support its passage. It will help to deliver on our promise to so many families.

--- Later in debate ---

[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.

Neonatal Care (Leave and Pay) Bill

Luke Hall Excerpts

Committee stage
Wednesday 7th September 2022 Public Bill Committees

[Stuart C. McDonald]

I will simply commend part 3 to the Committee. I thank Members for their indulgence.

[Luke Hall (Thornbury and Yate) (Con)]

I am pleased that we are back here so soon after Second Reading. It is just a couple of days after recess, which shows how important it is to get a good position on the private Members’ Bill ballot. Again, I thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East for supporting the Bill and bringing it forward in the way he has. Today he has given a very comprehensive overview of the clauses and the amendments proposed.

I want to make a couple of very quick points. First, amendment 4 is very positive and makes complete sense. I thank the Minister for bringing it forward and supporting it. It will change the details around the qualifying criteria for neonatal care pay. I know there was concern raised by a couple of groups over the summer that certain parents, including women who were on statutory sick pay in particular, would be disadvantaged by the implementation of the Bill as it was drafted. The amendment makes a sensible change and brings the qualifying rules in line with maternity, paternity and adoption pay. It will hopefully receive unqualified support.

I also want to thank the Minister for the work she did over the summer looking into the point I raised on Second Reading about the seven-day trigger. I know it is a small point, but I was grateful that she took it away, looked at it and made sure the drafting was right. I am pleased to hear that it is, and I understand the reasons why it would not have been productive to have changed that in Committee today.

Lastly, I am slightly concerned about some of the noises that are coming out of the Department for Business, Energy and Industrial Strategy about the implementation of the Bill. I think that 18 months after Royal Assent is too long and would essentially mean we were looking at implementation in 2025. Really, when all we are talking about is the upgrading of HM Revenue and Customs systems, which we have been talking about for a year or so now, it does not seem like there is any real reason why this has to go on. I know the Minister was very sympathetic when a number of us raised this point on Second Reading, so I am sure she has been pressing the Department over the summer.

There are clear advantages to delivering the money that was set aside from 2023 as quickly as we can. It makes sense to deliver it before a general election for all sorts of reasons, but mainly we want to deliver it quickly to make sure parents are not left in an impossible situation like that which so many have found and continue to find themselves in. I know we all want to see that come to an end as quickly as possible. Will the Minister update us today or in writing on her views about when implementation is likely? I am delighted the Bill is progressing so quickly and has had such unqualified support so far. I thank all members of the Committee for their attendance and for supporting the Bill.

[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.