Paternity Leave (Bereavement) Bill

Nickie Aiken 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.

Conversion Practices (Prohibition) Bill

Nickie Aiken Excerpts

2nd reading
Friday 1st March 2024 Commons Chamber

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

May I start by wishing you, Mr Deputy Speaker—my fellow Welsh expat—a happy St David’s day?

I want to pay my respects to the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle) for introducing this private Member’s Bill. It is a real shame he had to do so. The Government have promised time and again to bring in their own Bill to ban conversion therapy; we have promised it in two Conservative party manifestos, and we have spoken about it in, I think, two Queen’s Speeches. It is important that no one in this country should be made to feel ashamed of who they are. I find it difficult to believe that a practice that seeks to change or suppress someone’s sexual orientation or gender identity persists in some parts of our country.

I know that this practice is an issue. I have to admit that I was sceptical that conversion therapy even existed in this country until a constituent came to see me. She was a lesbian woman who was under so much pressure to marry a male. She was being forced to go to family events and take part in religious ceremonies, because her family thought she should be able to stop being a lesbian, become a heterosexual and marry a man. The pressure and depression that this woman was suffering made me ashamed to have ever questioned whether conversion therapy exists among some communities in this country. It is imperative that the Government remain committed to protecting people from these awful practices so that they can live their lives free from the threat of harm and abuse.

[Nick Fletcher]

Will my hon. Friend give way?

[Nickie Aiken]

No.

I take this issue very seriously, as the LGBT+ community has always been a valued part of the two cities in my constituency. I feel fortunate that my constituency has a rich LGBT+ history. It is home to one of the world’s best-known gay districts, our beloved Soho. From hosting the first UK Pride march in 1972, Soho has played an important part in London’s, and perhaps the UK’s, gay community. It is of huge historical importance; many of the conversations on gay rights started in the same bars and spaces that still line the streets of Soho.

Madam Deputy Speaker—sorry, Mr Deputy Speaker; I am not converting you. [Laughter.] I will move swiftly on. I am a 55-year-old woman—I know it is hard to believe—and we have come so far in my lifetime on improving the rights of the LGBT community. I recall a bisexual friend of mine who has lived in the west end for decades remarking that we have come so far in places like Soho. In my lifetime—in the past 20, 30 or 40 years —a gay bar was hidden from view. People had to sneak in. They had to knock on a door, and the windows were boarded up. Today, we celebrate gay bars, and I am sure many of us in this Chamber do quite regularly—[Laughter.] I am not saying anything, Mr Deputy Speaker. But seriously, let us also remember the pressure and harm that the LGBT+ community has faced, and perhaps still does face.

Next month, 30 April will mark the 25th anniversary of the bombing of the Admiral Duncan pub in Soho, a beloved venue of Soho’s gay and non-gay community. I recall that night, as I was in Soho that Friday evening enjoying a night out. Since that terrible crime, where three people died and 89 were injured, our country has seen important changes in attitudes to gay people and trans people, with huge strides in the improvement of human rights for the LGBT+ community. We have heard today of so many different pieces of legislation and laws that we have brought in, including the Equality Act 2010 and the numerous laws that this Conservative Government have introduced over the past 14 years. We must ensure that we continue to do that.

I absolutely understand the concerns that have been expressed today about how we legislate on conversion therapy. It can be very difficult when someone wants to support a family member through love, perhaps to get therapy, or a teacher is approached. Taking advice and undertaking therapy are very different from coercive practices. The coercion element is key to this Bill, and I hope that, when it is introduced, the Government Bill will aim to enforce that.

We have such an outstanding history of fighting for LGBT+ rights, and it is so important that we continue that narrative. I believe that we must enforce on coercive conversion therapy practices because that would send a message to all gay people, all people from the LGBT+ community—whether they are starting out on their journey or ending it—that they have the right to be who they are. I compare this type of legislation with legislation on FGM. That has been on the statute book for decades, and we have only just seen prosecutions and, in the past week or so, the first conviction. Was it wrong to have legislation outlawing that heinous practice, whether it takes place here or involves a British citizen being taken abroad to undergo it? It is right that we send a clear message to the LGBT community that we support them and they are not alone, and that we send the message to those who want to coerce and stop them being who they are that they should not do it in this country.

IVF Provision

Nickie Aiken Excerpts

Tuesday 24th October 2023 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank the hon. Member for Jarrow (Kate Osborne) for securing this important debate about IVF provision for the LGBT community, but I think we need to talk about the whole of IVF provision across the country. This is so important, particularly in the week before National Fertility Awareness Week. We are not here next week, unfortunately, so we have to speak about it this week.

IVF has become a focal point for much of the work that I am doing in Parliament, ever since I received disturbing correspondence from a constituent. She told me her story and when I looked into it, I found that it resonated with women across the country. She was working in the financial sector and had had a very successful career for 20 years. She decided to use IVF to get pregnant because of her fertility issues. After complications, her employers discovered that she was undergoing IVF treatment, and from that day onwards, they put pressure on her to move from the UK to Switzerland for her job, which meant she would not be able to continue with her IVF treatment.

My constituent made the really difficult decision to leave her job. She went to an employment tribunal and ended up getting a non-disclosure agreement. She has not been able to speak publicly about her experience and the unfairness that so many people face when it comes to IVF provision, whatever their sexuality or gender, and that is why I have taken up her case.

Unfortunately, stories like that are repeated too often across the country. To make matters worse, the issues relating to the availability of treatment—the inability of people to access it due to work commitments—are countrywide. Work commitments are not the only constraint on accessing IVF treatment. For example, the availability of treatment has, for years, been based on where an individual lives. However, 2023 has provided us with reasons to be hopeful for the future: for the first time in over a decade, all areas of England now have access to NHS-funded facility treatment. But as we heard from the hon. Member for Jarrow, that does not always mean that people can get instant access to it. It is vital that we end the postcode lottery that has been established in this country when it comes to accessing IVF treatment.

The NHS estimates that one in seven couples may be struggling to conceive, and obviously, for the LGBT community that is higher because of same-sex marriages. I have always said that infertility does not discriminate. It does not matter what a person’s background is. I have heard some really emotional testimony from people from ethnic minorities who have struggled even further in this country because of egg donation, and who have to go to Nigeria, in particular, to get their eggs. We have to widen the understanding of how people from ethnic minorities in the LGBT community struggle even more than same-sex white couples in this country. That is why it is so important to have this debate.

[Hannah Bardell]

There are, of course, many in the LGBT community who will suffer from infertility, but the reality is that, as a starting point, it is not necessarily the infertility that is the issue; it is that we are same-sex. Does she recognise that the guidelines are based on infertility rather than recognising the unique nature and differences of various LGBT families?

--- Later in debate ---

[Nickie Aiken]

Absolutely, and I will come on to that point. It is always about infertility, is it not? It should be about fertility and fertility treatment.

According to the UK fertility regulator—the Human Fertilisation and Embryology Authority—it takes, on average, three cycles of IVF to achieve success. I would like to praise the regulator for its recent announcement— I think from last week—regarding its grading of supplementary fertility treatment to help individuals and couples to determine what is a proven treatment and what is safe and cost-effective. That is most welcome, and I have had so many people come to me over the past year or so saying that the cost of IVF can be added on to all the time. In particular, people in clinics say, “Oh, you should have this scan” or “You might need to have this blood test—it might prove more successful.” When a person is in that situation, they will do anything they can to get pregnant. The costs do add up, so I am really pleased that the HFEA has released that guidance. I hope clinics across this country will take note.

Nevertheless, fertility treatment is still an emotionally draining, costly, risky and very long process. Undergoing treatment while juggling a job is particularly tough, regardless of gender or sexual orientation. Unlike employment legislation on pregnancy, maternity and paternity, there is no enshrined legislation that compels employers to give time off work for fertility treatment or any initial consultation. The Equality Act 2010 was well intentioned and removed some forms of discrimination in the workplace, but unfortunately it does not help to prevent discrimination against those who are pursuing fertility treatment, as it does not class infertility as a disability. For example, most workplace protection policies exclude elective medical procedures, putting fertility treatment on a par with cosmetic surgery.

Last year, I introduced the fertility workplace pledge. While my private Member’s Bill, the Fertility Treatment (Employment Rights) Bill, has faced its difficulties progressing through the House, the fertility workplace pledge that I launched asks businesses to sign up voluntarily to provide employees undergoing IVF treatment with the support and the time off they need. We have consistently seen new businesses signing up over the past year, including the likes of Channel 4, Aldi and NatWest—even the Houses of Parliament have signed up to become a fertility workplace ambassador. More and more businesses are signing up, and there are now several a week. I ask hon. Members to encourage employers in their constituency to look at the fertility workplace pledge and consider signing up. If we can do this voluntarily rather than through employment law, all the better, because it changes the debate, the discussions and the attitude towards fertility treatment.

[Alex Davies-Jones]

The hon. Member is making a brilliant speech; I thank her for all her work in this area. One of the problems is that the societal stigma around fertility treatments persists and is quite vicious and vocal. Infertility is not seen as a disease, and it is not seen as something with equal weight to other conditions. We need to change this in schools. There has been a lot of talk today about the Government’s sex education programme. In school we are taught how not to get pregnant, but we are never told that we might not be able to get pregnant. There are serious conversations to be had about how to change the cultural stigma around fertility treatment. That starts with education in schools.

--- Later in debate ---

[Nickie Aiken]

The hon. Member makes a very good point. On sex education in schools, it is imperative that we teach our children about all types of relationships, including same-sex and heterosexual couples, at an age-appropriate time. In my opinion, four and five-year-olds need to be taught about same-sex couples as much as about heterosexual couples. I really hope that that goes ahead—but I digress.

I want to pay tribute to all the organisations that have been helping me on my fertility workplace journey: Fertility Matters at Work, Fertility Network UK, TwoDads UK and many more whose help has unquestionably been vital to push towards the fertility workplace pledge and improve access to IVF for everyone.

As we have heard, there is one particular group who can benefit greatly from IVF and deserve equal access. The LGBTQ+ community are reliant on IVF to have their own biological children. I was pleased to hear the Government promise to make access to fertility treatment fairer last year. For too long, many in the LGBTQ+ community have faced what has been labelled the gay tax. This is because LGBTQ couples have to pay privately for their first six to 12 rounds of artificial insemination to prove their infertility, which would then grant them access to NHS IVF treatment or, as the hon. Member for Livingston (Hannah Bardell) said earlier—

[Hannah Bardell]

I remind the hon. Lady—not to boast too much, but to share positive experiences—that that is only in England in Wales. People in Scotland do not have to go through that process.

[Nickie Aiken]

I thank the hon. Lady for pointing that out. It is not often that Scotland is ahead of England on the NHS. I am delighted to hear that.

I acknowledge that the change in policy will take time to implement. However, I ask the Minister to look into speeding up support to our LGBTQ communities. Such support is needed desperately in this area. They should not have to wait longer even than heterosexual couples.

Ultimately, I believe that we are on the cusp of real progress in access and attitudes. As the hon. Member for Pontypridd (Alex Davies-Jones) made clear about attitudes towards IVF, it is important that we break down the barriers from as early an age as possible. I know that the Minister is as passionate as I am about supporting individuals as they decide to go through fertility treatment. I therefore see it as vital that we all work together to bring down the remaining few barriers to make IVF treatment a viable option for everyone and anyone who wishes to start their own family, and to make it as stress-free as possible.

Pride Month

Nickie Aiken Excerpts

Thursday 15th June 2023 Commons Chamber

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

It is a huge privilege to speak in the debate, and I thank my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) for securing it. It gives me great pride to represent a part of London that has such a profound LGBT+ history. I feel fortunate that my constituency includes Soho, one of the world’s best known gay districts, as well as places such as the west end and Piccadilly Circus, which all form part of London’s LGBTQ+ social and cultural fabric.

From hosting the first UK march in 1972, places such as Soho have developed at the centre of London’s gay community. Historically, it is of huge importance, and many of the conversations on gay rights started in the bars and spaces that still line the streets of Soho today. It was on those streets and in those spaces that people came to show their solidarity. They stood up not just for themselves but for the gay community everywhere. To that, I pay tribute. They made their case for reform despite visceral discrimination. They listened to those who opposed them and challenged them in open debate. Slowly but surely, they won the support not just of parliamentarians in this place but of wider society. I pay tribute to all those trailblazers. Because of those people, support in Britain for the LGBT+ community has been built on firm foundations. It is now embedded in our culture and supported by all mainstream political parties.

[Dawn Butler (Brent Central) (Lab)]

I agree with the hon. Member that we have had firm foundations in the UK. I think that we were ranked as No. 3 in the list of LGBTQI+ friendly countries, but we have fallen down that list quite considerably. Can she think of any possible reason why that might be?

[Nickie Aiken]

I have no reason to think why we would have fallen. It is important that we continue to have strong policy supporting the LGBT+ community, because it is the diversity of this great city of London and this great country of the United Kingdom that makes us strong. We must ensure that the rights of gay people and all people are at the forefront of our policymaking.

I recently spoke to activist and campaigner Philip Baldwin on an episode of my podcast about the challenges that the LGBT+ community has faced, from fighting for equal rights to breaking down stigmas. He told me that in 2003, at the age of 24, he was diagnosed with HIV; a week later, he was told that he also had hepatitis C. Because of medical advancements, his HIV status is no longer a life sentence and his hepatitis C has been cured. When he got his diagnosis, it was not the life sentence that, back in the ’80s and ’90s, my friends had to face, because thanks to scientific and medical advancements and attitudes among scientists and doctors, people can now live with a diagnosis of HIV and have approximately the same life expectancy as everybody else. When I was a teenager, an HIV diagnosis was a death sentence.

This new era of treatment was made possible in part by researchers at St Mary’s Hospital in my constituency of Cities of London and Westminster. From the early 1980s, St Mary’s became the site of groundbreaking trials that would change the course of treatment and research for years to come. Those included a pioneering study of 400 gay men led by Professor Jonathan Weber, the current dean of the faculty of medicine who was a junior doctor back then.

When I was drafting my speech, I spent some time reflecting on how far LGBT rights have come in my lifetime. In fact, 2023 marks 20 years since the repeal of section 28: the law that, in dark days, banned the promotion of homosexuality in the UK. It gives me no pleasure to recognise that that law was brought in by a previous Conservative Administration.

I note what my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) said about the relationship and sex education review currently going on. As a mother of two—one of them has now left school—I believe it is vital we ensure that our children are talking about sexuality, consent, respect and everything else that is informed within relationship and sex education. There should no ban, including on education on homosexuality and trans. It must be age-appropriate.

We have talked about section 28 and how far we have come. Today, I am so proud that same-sex marriage is legal and that discrimination against the LGBT+ community is rightly outlawed. Conversion therapy is due to be banned, and I hope that it will be. The sooner that becomes law, the better.

Only the other day, I was having a conversation about how far we have come in Parliament itself. Twenty years ago, when the then Labour Government introduced a Bill to allow gay people to adopt—I am sure my Conservative colleagues will be as interested in this as I was—the Conservative parliamentary party was whipped to vote against it. However, there were three Conservative MPs who rebelled and defied the Whip: George Osborne, David Cameron and Boris Johnson. Whether hon. Members agree with their politics or not, that rebellion was the start of a new wave of Conservative thinking about gay rights. It was that new generation of Conservatives, led by David Cameron in government, who were responsible for passing the last major piece of LGBT equality legislation. With the Marriage (Same Sex Couples) Act 2013, gay people were finally treated as equals, and the last piece of legal discrimination aimed specifically at this group of British people was removed.

When David Cameron launched the Government’s gay marriage legislation—it was controversial in parts of our party at the time—I remember that he said:

“I don’t support gay marriage despite being a Conservative. I support gay marriage because I’m a Conservative.”

That resonates with everything I believe in. He was saying that the Conservative party is a home for everyone, so let us not forget how far Britain has come in welcoming LGBT people as valued and respected members of our society.

We have made great progress towards LGBT+ equality in my lifetime, but the fight is far from over. As we have discussed, the world remains a dangerous place for many gay people. I was appalled to learn of the recent anti-gay Bill in Uganda. In the UK, we can still go further with gay rights, and we must ban conversion therapy. With that, I look forward with hope and with pride.