Ministerial and other Maternity Allowances Bill

Nigel Evans Excerpts

2nd reading & 2nd reading: House of Commons
Thursday 11th February 2021 Commons Chamber

[Rachel Reeves]

I thank the hon. Gentleman for that intervention, which builds on the point made by the hon. Member for Strangford (Jim Shannon) that it is important not just in this place, but for other elected representatives, that wherever they are representing their constituents they should be able both to continue doing their job and to bring up a family. We need in this place and in other elected forums to be able to represent the whole country. We say that we represent Britain or our local community, yet too often we do not look like the communities we are meant to serve. I hope that with the sorts of changes in the Bill, and with those in devolved Administrations and councils, we will make ourselves more representative.

Although the measures in the Bill amount to positive change, there is understandable alarm about this Government’s track record on workers’ rights more generally. It is important that while we today make changes to help women in this place, we also think about employment rights and women’s rights more generally. Just like this Bill, the Government’s new employment Bill should be an opportunity to extend and safeguard workers’ rights, not water them down. However, after a year of silence on that Bill, the Government have failed to deliver on their promise to enhance the rights of all new mums. Pregnant women have found widespread discrimination throughout this pandemic, with many left without basic maternity pay and instead put unlawfully on to statutory sick pay during the pandemic. Indeed, there is a stark contrast to be drawn between the Government’s urgent passing of this legislation, which we support, and their inaction on behalf of struggling pregnant women across the country. I hope that today the Government will reflect on what more they can do to help women in this country.

The Government should also be doing more to help the parents of babies born prematurely. Under the current rules, maternity leave of up to 52 weeks starts when the baby is born, but because a premature baby can spend weeks in hospital, mothers are effectively cheated of spending some of the leave with their new child. I raised this subject two years ago, as a Back Bencher, based on casework in my constituency and working with Bliss—the charity for babies born prematurely or sick that does such brilliant work. I called on the Government then to change the rules so that new parents of premature babies are not put under further unnecessary pressure; today, I again urge the Government to bring forward plans to ensure that parents of premature babies are given the time and flexibility granted to other parents to care for their baby once their baby is home.

At present, Ministers have no rights when it comes to maternity, paternity or adoption leave. If a Minister wants to take maternity leave, as the Paymaster General set out, the rules do not allow for them to continue to receive a Government salary along with the person providing their maternity cover. It is right that that should be changed to remove that barrier in a woman’s career. The Bill would end that anomaly and mean that Ministers would not have to face being financially penalised or forced to stand down from their ministerial role to care for a newborn. The changes would bring Ministers into line with most civil servants by providing them with a period of six months’ leave on full pay.

Last year, there was cross-party support for the change that now allows MPs who are new parents to use the proxy voting scheme, so they can spend precious time with their new child. The proposals before us today represent another baby step in what should be an ongoing modernisation of working practices to ensure that women do not get a raw deal at work due to failure to move with the times. It is a shame that it has taken the pregnancy of a member of the Cabinet—happy news though that is—for this Government to realise that improving the workplace rights of expectant parents should be a priority. This change will benefit family life, remove a barrier to career progression, and ensure that having a baby does not come with a financial penalty as well as the sleepless nights that none of us can prevent. However, we need to see far more progress by the Government on this issue to ensure that women and all workers are treated fairly in the workplace, including when they have children.

We are behind the times when it comes to adopting modern, family-friendly working practices in Parliament and in Government, and change is long overdue. I ask the Minister to make a firm commitment to review and explore, as a matter of urgency, further potential reforms that can be made with cross-party support to ensure that this “mother of Parliaments” is a Parliament that genuinely welcomes mothers. This should be the start, not the end of a journey by this Government to deliver more employment rights and to give workers in all workplaces and in all jobs the protection and support they need and deserve.

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call Caroline Nokes, I want to set out the time limits that will apply. As Chair of the Women and Equalities Committee, Caroline Nokes will have six minutes. She will be followed by another Front-Bench spokesperson. Then, from Cherilyn Mackrory onwards, a four-minute limit will apply, and that may be reduced later.

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[Kirsten Oswald (East Renfrewshire) (SNP) [V]]

I also welcome this Bill in principle and as far as it goes, which is not far enough, but perhaps it is a sign that this House and the UK Government recognise that they have some way to go to begin catching up with the world around them.

On issues of equality and of acknowledging and breaking down barriers, this House deservedly has a reputation for making progress very slowly. Today we are discussing something that should surely already be in place, not simply because elected office should not be a barrier to a family, but because attitudes and practices here have a material impact on the lack of proper treatment and the prevalence of issues such as maternity and pregnancy discrimination outside this place.

It was not until 1975 that statutory maternity leave was introduced in the UK through the Employment Protection Act 1975—later than in most countries in Europe. Indeed, with this Bill, welcome though it is, progress continues to be too slow. Here, the perplexing basis for maternity leave is that the Minister must seek permission from the Prime Minister to take such leave, the implication being that the Prime Minister retains the power to say, “No, the maternity leave is not granted.” How very Edwardian in 2021.

The rest of the world has long since moved on to the position that maternity leave should be a right rather than a discretionary benefit. How we can expect people to appreciate that and act in that way if this place is so backward-looking? It should not be necessary for women to seek the potentially grudging consent of a boss to take maternity leave.

I was fortunate when I twice took maternity leave to have a supportive and encouraging boss. It was clear to me that I had the right and, importantly, the support to take the leave that was right for me and my family. I wonder how I would have felt if the ability to grant my leave was in the gift of my boss, given that we cannot always be guaranteed the supportive boss that I had. For me, that happened well before any involvement in politics.

Our representation is clearly not reflective of who we are. We are far less diverse as a political class than those we represent, and the lack of proper provision for maternity feeds into that. We cannot expect that lack of representation to improve unless we improve the structures that we work within. I wonder whether I would have wanted to stand for election to this place as a younger woman starting a family, considering the various challenges, including gaps in provision for MPs and Ministers.

We have heard about heavily pregnant MPs being wheeled through the Lobby recently, against all logic and surely against advice, because the arcane processes of this House were simply not set up to accommodate their needs. This House can and should be better than that. We have a duty to be better. We cannot simply go along with the make-do-and-mend approach that the UK Government have had for so long.

The posts of Ministers on maternity leave have been left vacant, and their responsibilities have been carried out as best as possible by colleagues who are also carrying out their own responsibilities. The one thing that has saved all that from crumbling is that no one fulfilling a Secretary of State role in the UK Government has ever tried to take maternity leave. That fact reveals a great deal about the relative importance of the issue in the minds of those at the very top.

We have rightly heard comments about the contrast between arrangements in the House and those outside it. That is important. The contrast between the speed at which the Bill has been progressed and the shocking delays in dealing with the pressing needs of pregnant women in the pandemic is stark and just not good enough. The fact that maternity allowance is just £151.20 a week, which is about half the national minimum wage for a full-time worker, is deplorable. The fact that it will increase by only 77p a week in April is frankly an insult. Those issues must also be addressed. I realise that they are not before us today, but they all fit together into a lack of care and direction from the Government.

The mechanism that the Bill identifies for repairing the current crumbling edifice of ministerial maternity cover should be uncontroversial. Any organisation needs to provide for such events, which routinely happen, so I hope that no one would seriously suggest that, in a large ministerial team, there should not be contingencies to support maternity leave. However—I repeat myself in case we lose sight of the point—it is incredible that it has taken until 2021 for the UK Government and the House to address the matter.

The explanatory notes describe provision for maternity leave as problematic or “particularly difficult to apply” to a Minister in a very senior office, such as a Secretary of State,

“because the legal exercise of functions of such roles cannot be ‘covered’ by another Minister.”

I am afraid that I do not buy that. That is just a cop-out. It sounds like exactly the kind of excuse that has been used by backsliders on this issue ever since the idea of maternity leave in employment entered our thinking. It is followed by the statement:

“The result is that a Minister in such a role who wished to take extended maternity leave would need to resign their office.”

It is breathtaking to see that kind of language. It makes us check our calendars to make sure that we are in 2021. How can we expect improvements and proper treatment outside this place if that is how we run things here?

The explanatory notes reveal exactly the kind of thinking that we all know still goes on in recruitment to senior jobs, and that results in the glass ceiling for women in so many institutions. They display the unconscious bias that underpins so much systemic discrimination in the UK and around the world.

To signal that that kind of thinking has no place at the centre of political and economic power, the SNP has tabled an amendment to remove the notion that prime ministerial discretion should have effect in relation to maternity leave. Ministers, MPs—all of us—should feel secure in the knowledge that we work for an organisation where no guilt will be piled on us if we take time off for maternity or, in fact, for family reasons. We have to be clear that there is a need to look more broadly than this very narrow issue, that this long-awaited progress does not go far enough, and that the scope of the Bill is not great enough.

These things matter, not only because the arrangements put in place by this House for the UK Government are important for the proper operation of the Government, but because they act as a signpost to other companies and organisations in the UK as to what approach they are expected to take. We do not have to look far to see the issues out there. A survey of 20,000 women by Pregnant Then Screwed last summer found that 61% believed that their maternity leave was a factor in their redundancy decision. Given the example set by this House and the UK Government today, that is perhaps not surprising.

It is also unsurprising that the UK ranks poorly among OECD countries for how it deals with maternity. The UK has the second lowest-paying rate for maternity leave, with less than a third of gross average earnings replaced by maternity payments; despite lengthy maternity leave entitlements, full-rate equivalent paid maternity leave lasts just 12 weeks. That is why, as a statement of principle, we have tabled amendments that would extend Ministers’ maternity leave from six to 12 months.

Let me be clear that that does not mean that we support one rule for Ministers’ maternity leave and another for the general public; the amendments set out what the direction of travel must be for the whole workforce. I hope that as part of the preparation for the wider review that I talked about, including the broader area of parental support provision, the Government will look carefully at that and ensure that equalities impact assessments are carried out before this business returns—quickly—to the House, so that these things can be addressed in the round.

That should include an examination of the challenges facing Members in their constituencies and their legislative roles when they become new parents. It is interesting that the Independent Parliamentary Standards Authority this morning seemed to recognise that it, too, needs to look at that. When the Minister looks further, I urge her to look at the words of the all-party parliamentary group on women in Parliament, which said:

“The lack of formal maternity and parental leave for MPs is entirely out of step with wider society and gives the impression that the work of a Parliamentarian is not appropriate for those with caring responsibilities.”

That is the crux of the issue. It is completely unacceptable that this House and the UK Government have got to 2021 without putting in order their own arrangements for properly supporting maternity leave.

On the basis that we need to make progress on this issue today, the SNP is supportive of what the Minister has brought forward, but if the Bill is to pass largely as drafted, I will be keen to hear from her significant commitments to returning to this issue before the summer to correct some of the glaring omissions and the lack of principle, so that we can fix this issue and send the important messages that we must send beyond this place.

[Mr Deputy Speaker (Mr Nigel Evans)]

With a four-minute limit, I call Cherilyn Mackrory.

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[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is an honour to be part of the debate and the work that we are doing to bring forward this legislation. Let me congratulate the Attorney General, the right hon. and learned Member for Fareham (Suella Braverman), and wish her well in her forthcoming maternity leave. What is so powerful about this legislation is not just the clarity over her income but the clarity about her actual cover: she will be able to spend time with her child and not receive calls at three o’clock in the morning when the Attorney General is needed.

I welcome the Paymaster General’s comment that we need to do more. It is that which I wish to speak on particularly, because, as she has recognised, the Bill benefits only a very small number of women. To benefit only a very small number of women at this time in this country’s life is to fail to recognise the peril that may come from this legislation, which is not about its drafting but its scope. We are sending a message that maternity leave should be a perk conferred by an employer as a benefit—just as a company car would be—if we only pass this legislation.

The Paymaster General said that the Prime Minister believes it is wrong that a woman might have to leave work to care for a child, but in truth that is happening in workplaces across the country, and it involves thousands of women. During the pandemic, one in four women who are pregnant or a new mum have said that they have faced discrimination, and that they are losing their jobs or being furloughed. In that context, to work only with that small number of women is not just a missed opportunity, but potentially sets up a two-tier system for maternity leave in this country. As the people who make the laws, we send such a message to businesses regarding how they should treat pregnant women at our peril.

The Government are currently being taken to court by Pregnant Then Screwed because, when they calculated the self-employment income support scheme, they forgot about women who are self-employed and who took maternity leave. We have heard from many Members about our concerns for public life. It is not an accident that most women who enter public life, not just in this place but in local government and our Assemblies, tend to be older women who have already had children, or those who have chosen not to have them. Even in this Bill, we have yet to begin talking about fathers.

The Bill tells the lie that I was told two years ago when I was pregnant and asked for a locum to cover work in my constituency, so that my constituents would not feel short-changed by having a woman of childbearing age as their MP. However, as MPs, our employment status was too complicated to enable us to act. If we can pass a Bill in a day in this place to address that issue, we could do so much more to ensure that our public life is open to all women. It is a missed opportunity not just for local government, but for the staff who have worked with us in this building, who have terrible maternity rights.

Two years ago I fought for a locum. No other MP has been able to have that, even though I know colleagues across the House who have had terrible experiences of being pregnant and trying to get support. We cannot say, “Don’t ask, don’t tell.” On that basis, let me be clear: the Government have made commitments today but, as the suffragettes said, this must be about deeds not words.

Yes, Mr Deputy Speaker, you may be looking and me and thinking that during lockdown I have been attacking the pies a bit, and you would probably be right. But I am also pregnant with my second child. I am early on in my pregnancy. I should not have to reveal that, but I am doing so today to be clear to pregnant women around this country that they will find champions in this place, and it is not enough for us to act only for that small group of women at the top of our society. We must act for every woman to be able to take maternity leave.

We must make sure that legislation such as that proposed by the right hon. Member for Basingstoke (Mrs Miller) is given time in this House, and we must stop IPSA prevaricating, as it has done for the past two years. We must give every woman in this place the same rights that we are giving the Attorney General. Please, Paymaster General, it is time for deeds not words when it comes to maternity and paternity.

[Mr Deputy Speaker (Mr Nigel Evans)]

The very best wishes of the House to you, Stella, on your great news.