Ministerial and other Maternity Allowances Bill

Baroness Winterton of Doncaster Excerpts

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

[Feryal Clark (Enfield North) (Lab) [V]]

The thrust of the Bill is long overdue and much needed, and to that extent, it should be welcomed. For far too long, an artificial and arbitrary barrier has been put in front of women who wish to serve their constituents in government. It has been a case of naked discrimination hiding in plain sight. By allowing the Prime Minister to designate a Minister on leave, we will in some respects be bringing the world of public office in line with the world of work. It should go without saying that we should be an exemplar of workplace rights, but in truth, this place has all too often treated the many women elected to it as an irritant or an afterthought.

I still have many reservations about the Bill. Why, for instance, have the Government wasted this opportunity by making the Bill applicable only to Cabinet-level positions? If we want to see a Government and legislature that reflect our wider society, they must be a welcoming place for all those who work across them. The Government should revisit that aspect of the Bill and correct it immediately because, by continuing with such glaring gaps in the system, we are sending out a dangerous message to employees across the UK. We are saying that it is okay to think of women as secondary to the needs of the organisation, that a token effort is effort enough, that protecting the management is a job well done and that women should be grateful for whatever small breaks are afforded them. That type of thinking leads us further down a path where women are de facto excluded from decision-making roles and positions of power, while needlessly snuffing out the aspirations of future generations.

It is all well and good speaking in abstracts, but for me, this Bill is also very personal. As you know, Madam Deputy Speaker, I am both an expectant first-time mother and a first-time MP. When I stood for election, I did so because I wanted to do right by my constituents in Parliament and to stand up for a set of principles that should transcend party politics. And yet, as a Member of Parliament, with all the vast opportunity and privilege that that affords me, I am scared. I am scared about taking informal maternity leave when my baby arrives in two months; it is informal as there is no formalised maternity leave for Back-Bench MPs. I am scared that it will be used against me politically and, most depressing of all, I am scared that, beneath the warm words of good luck and congratulations, some Members will take a dim view of my taking maternity leave at all.

Today we need to fix immediately the fundamental failing of the Bill before us, even while accepting its fundamental necessity. We must view this as a chance not to fix a problem for a Minister but to right a wrong for countless women—Members and staff—and start changing the culture around maternity rights in this place. We can send a signal to all employers that this is not just the right thing to do here; it is simply the right thing to do. That is where the majority of the country is. It is time that Parliament starts to follow in the nation’s footsteps and recognise the huge benefit that women bring to this workplace and countless others.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I thank the hon. Lady for her speech, and I would like to offer, on behalf of everyone here, our sincerest congratulations and warmest wishes to her.

--- Later in debate ---

[Christine Jardine (Edinburgh West) (LD) [V]]

First of all, I add my congratulations to the right hon. and learned Member for Fareham (Suella Braverman), and the hon. Members for Walthamstow (Stella Creasy) and for Enfield North (Feryal Clark).

As so many other right hon. and hon. Members have said in this debate, I find myself both supporting and welcoming this Bill, and at the same time being astonished at its shortcomings. Before being elected, it would never have occurred to me that representatives in this place did not have the basic provisions for parental leave that I had taken for granted during my career. Indeed, my daughter is now 24, and I was taken aback in 2017-18 when one of the first changes we discussed in the House after my election was about proxy voting for Members who were pregnant, and about maternity and paternity leave. I discovered that parents in the House did not enjoy the same rights that I had had more than two decades before, so while I and my Liberal Democrat colleagues support this Bill, we are disappointed yet again that it lacks provisions for paternity leave and other parental rights. It does not, for example, address rights for adoptive parents, and how someone becomes a parent should not determine what leave they are entitled to.

This was, as I say, a missed opportunity: an opportunity for the Government to bring parental rights up to date, and to introduce not just measures for Ministers, but measures that apply to all MPs. This place should not just pass legislation, but set a tone for so much in our society. Gender equality is something on which we should be taking a lead, not running to catch up, as we seem to be. Work practices such as shared parental leave are vital to creating new cultural norms and achieving that gender equality, but how can we expect that to happen if we do not, as I say, set the standard ourselves? As the hon. Member for Walthamstow pointed out, if we get it wrong here, that will be reflected across the country. That is why I have signed, and support, the hon. Member’s amendment requiring the Government to produce an equalities impact assessment of these proposals. As has been mentioned, even well-intentioned legislation can, if it is rushed through, fail to recognise pitfalls. So please, let us not fall into one or fail on that account.

It is vital that the Government recognise that the Bill cannot be seen in a vacuum. It is certainly an important measure, but we must also send a message across the country and ensure that it is the correct message. It must send out a national call to action to protect the rights of all parents in all workplaces during these most difficult and challenging times.

There is still much more we need to do for parents. We need to increase statutory paternity leave, ensure that parental leave is a day one right and address the continuing inequalities that same-sex couples face. Organisations and employers must be required to publish parental leave and pay policies.

Like so many—indeed, all, I believe—of the speakers we have heard so far, I welcome the Bill. It has simply been too long delayed and does not go far enough.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I am afraid that we need to move on to the Front-Bench spokespeople after the next speaker.

Ministerial and other Maternal Allowances Bill

Baroness Winterton of Doncaster Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Thursday 11th February 2021 Commons Chamber

[Dame Rosie Winterton in the Chair]

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

I should explain that although the Chair of the Committee would normally sit in the Clerk’s chair during Committee, in these exceptional circumstances, in order to comply with social distancing requirements, I will remain in the Speaker’s Chair. However, I will be carrying out the role not of Deputy Speaker, but of Chairman of the Committee. We should be addressed as Chairs of the Committee, rather than Deputy Speakers.

Clause 1

Payment of maternity allowance: Ministerial office

[Kirsten Oswald [V]]

I beg to move amendment 3, in page 1, line 5, leave out “may” and insert “must”.

The intention of this amendment is to make paid maternity absence mandatory for qualifying Ministerial office-holders.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment 15, in page 1, line 5, leave out “a person as”.

Amendment 16, in page 1, line 14, leave out “person” and insert “minister”.

Amendment 18, in page 1, line 14, leave out “person” and insert “woman”.

Amendment 17, in page 1, line 16, leave out “person” and insert “minister”

Amendment 19, in page 1, line 16, leave out “person” and insert “woman”.

Amendment 4, in page 2, line 1, leave out “6” and insert “12”.

The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.

Clause 1 stand part.

Amendment 5, in clause 2, page 2, line 7, leave out “6” and insert “12”.

The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.

Amendment 6, in clause 2, page 2, line 10, leave out “6” and insert “12”.

The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.

Amendment 7, in clause 2, page 2, line 19, leave out “6” and insert “12”.

The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.

Amendment 1, in clause 2, page 2, line 20, at end insert—

‘(4A) Within three months of the passing of this Act, the Paymaster General must lay before both Houses of Parliament a draft of regulations to make provision for continuity of any paid maternity leave in the event of a Minister on Leave ceasing to hold the designated ministerial office whilst on maternity leave.”

This amendment would require the Paymaster General to act to ensure a commitment to continuity of provision of maternity pay which a Minister on Leave would be entitled to in the event of ceasing to hold the designated ministerial office whilst on maternity leave, or in the event of being moved to a position which results in monies being recouped.

Amendment 8, in clause 2, page 2, line 21, leave out “6-month period” and insert “12-month period”.

The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.

Amendment 9, in clause 2, page 2, line 21, leave out “6 months” and insert “12 months”.

The intention of this amendment is to extend the period of paid maternity absence from 6 to 12 months.

Clause 2 stand part.

Clause 3 stand part.

Amendment 10, in clause 4, page 3, line 20, leave out “may” and insert “must”.

The intention of this amendment is to make paid maternity absence mandatory for qualifying Opposition office-holders in the House of Commons.

Amendment 11, in clause 4, page 3, line 22, leave out “may” and insert “must”.

The intention of this amendment is to make paid maternity absence mandatory for qualifying Opposition office-holders in the House of Lords

Amendment 12, in clause 4, page 3, line 24, leave out

“may be made only at a time”

and insert “must be made”.

The intention of this amendment is to make paid maternity absence mandatory for qualifying Opposition office-holders.

Amendment 13, in clause 4, page 3, line 32, leave out “6” and insert “12”.

The intention of this amendment is to extend the period of paid maternity cover from 6 to 12 months.

Amendment 14, in clause 4, page 3, line 38, leave out “6” and insert “12”.

The intention of this amendment is to extend the period of paid maternity cover from 6 to 12 months.

Clause 4 stand part.

Amendment 2, in clause 5, page 4, line 6, at end insert—

‘(2A) Within three months of the passing of this Act, the Paymaster General must lay before both Houses of Parliament a draft of regulations to make provision for continuity of any paid maternity allowance in the event of an Opposition office-holder ceasing to hold an opposition office whilst on maternity leave.”

This amendment would require the Paymaster General to act to ensure a commitment to continuity of provision of maternity cover which an Opposition office-holder would be entitled to in the event of ceasing to hold an opposition office whilst on maternity leave, or in the event of being moved to a position which results in monies being recouped.

Clause 5 stand part.

Clause 6 stand part.

Clause 7 stand part.

New clause 1—Equalities impact assessment—

‘(1) Within three months of the day on which this Act is passed, the Prime Minister must complete and lay before Parliament an equality impact assessment of the provisions of this Act.

(2) The equality impact assessment must include consideration of the implications of this Act for participation in public life.

(3) Within three months of the date on which the equality impact assessment is laid before Parliament, the Prime Minister must make an oral statement to the House of Commons on the action which the Government intends to take as a consequence of the assessment.

[Kirsten Oswald]

I am pleased to move the amendments that stand in my name, and also to confirm my support for new clause 1 in the name of the hon. Member for Walthamstow (Stella Creasy) and others.

In the time available to us—which, as I think has been acknowledged many times from those in all parts of the House, does not allow for full consideration of the Bill’s defects and omissions—it is important that the Committee sets out clearly what it believes the direction of travel should be on this issue. The general principle of the House addressing issues of maternity leave is important, although the devil will clearly be in the promised detail, and we will all be watching for the progress that has been discussed by so many Members.

As it stands, this halfway house of a Bill provides for maternity leave in specific circumstances, but as the Minister herself noted, only with the by-your-leave of the Prime Minister, and only for a maximum of six months. That is not really what we should be endorsing as a long-term solution to the present inadequate situation. Indeed, it should not even be a medium-term solution. That is why the SNP tabled these amendments, and why we are happy to support new clause 1 in addition.

It is inconceivable that if an equalities impact assessment had been done, the Bill would have seen the light of day in its current form. I look forward to such an assessment being completed before we return to this issue. As the hon. Member for Walthamstow said, we have barely scratched the surface of the issues that we need to address if policy is to deal with the proper engagement of those in public life with family life.

Amendment 2 was tabled because the approach adopted in the Bill is wrong. It is unhelpful to those of us who want to address the significant structural issues that exist. I know that there are many on the Government Benches who would like us to revise our approach, who see the international standards on human rights as inconvenient and who perhaps hanker after days when this House and the Government it supported decided who deserved which treatment or benefit and who did not. But we have moved beyond that, as is recognised in the European convention on human rights statement at the head of the Bill. As a matter of principle, we recognise that women should not be discriminated against in the workplace, including on the grounds of pregnancy or maternity.

The Bill, as drafted, envisages that the Prime Minister would—in theory—be entitled to withhold maternity leave from a woman even when she was within 12 weeks of the expected week of birth or within four weeks of having given birth. As a matter of principle, that is wrong. No appeal to how reasonable Prime Ministers would deal with this is satisfactory enough for us to accept such a defect in the Bill. The right to maternity leave is important because it shows the value that society places on our right to family life. That is more fundamental than the role we play in the workplace, no matter how important or exalted our role may be.

There is a macho view that seems to value the idea that we should all work right up until the days of giving birth, particularly if we are in high-powered jobs, and the understanding is that we should return just as quickly. That is to misunderstand the importance for most families—for parents and children—of that vital transitional period from pregnancy through to early parenthood. As one Member said earlier, it also misunderstands the colossal impact of pregnancy and parenthood on life more broadly. I echo what my hon. Friend the Member for Glasgow Central (Alison Thewliss) said about the importance of supporting new parents in the early years, and this House has a role to play in setting an example.

While there may be mothers and families for whom a speedy period of maternity leave works, and they are entitled to choose that route if they wish, it is absolutely not our job here to put into place or to perpetuate policies that make that seem the norm. That can only be detrimental to families across the country. We really need to look forward. We need to accept that things are simply not good enough here for Ministers, MPs or, as we have heard, members of staff.

More broadly—this cannot be emphasised enough—we cannot leave this debate thinking that maternity leave is all working well away from this place. I mentioned earlier the terrifying statistic that over 60% of women who took part in the Pregnant Then Screwed survey last year believe that their redundancy is because of their maternity leave. That is a shocking statistic, and it should cause us to reflect seriously on the situation affecting these women.

The poor state of statutory pay must not be left behind in this discussion either. We cannot just deal with one person, however sensible it is to put this provision in place, and leave everyone else hanging on by their fingertips because of the impossible financial provisions that they have to deal with. The effect of that kind of financial pressure and the lack of support can be seen in how many women do not take up their full entitlement to maternity leave. In its recent report, “The impact of Covid-19 on maternity and parental leave”, the Petitions Committee noted:

“It appears then that current entitlements are only generous to those who can afford to use them.”

We should reflect on that point. Covid and the precarious nature of so many employment relationships at present bring into sharp focus the need for proper provisions for maternity leave, parental leave and the support that families need at this particularly difficult time, which will also be so vital as we move forward out of the pandemic.

The Petitions Committee also highlighted research commissioned by the Department for Work and Pensions in 2008, which suggested that less than a quarter—23%—of mothers taking maternity leave took the full 52 weeks. Only 45% took 40 weeks or more, and I suspect it is unlikely that the situation has improved significantly since then.

The reason for tabling amendment 3 is that an organisation of the scale of the UK Government should not add to that pressure by adopting a standard that says to women, “Your maternity leave is a benefit that may or may not be conferred by your boss,” who in this case is the Prime Minister. Through legislation, we should aim to reflect the standard that we expect Government to meet, which is that women are entitled to their maternity leave and organisations need to put in place proper mechanisms for supporting that.

On the wider front, this House needs to act on the continued abuse of pregnancy as an opportunity to disadvantage in the workplace, whether financially or even by removing people from their posts. That issue also affects those taking parental leave and those with family and caring responsibilities, particularly for young children, which Members on all sides have called on the Minister to look at.

That brings me to the second issue raised in the amendments tabled by the SNP, which is the duration of leave. A simple click on the gov.uk website would have told the drafters of the Bill that statutory maternity leave in the UK is 52 weeks, split into two chunks of 26 weeks. It is not clear to me why the starting point for the arrangements for designating a Minister on leave was taken to be six months instead of 12 months, and it does not speak well of what we are saying to the outside world.

Perhaps the only way to solve that mystery is to notice that there might be a pattern to the Government’s behaviour. In order to win support, they talk about the new freedoms that the UK apparently now enjoys, casting them as an opportunity to set our own standards, free from outside interference, and to set them standards higher. However, when a choice needs to be made as to whether to go for higher or lower standards, the instinct of the UK Government is to go low—to reduce standards, or to fail to act as they should.

That has been clearly shown by the dither and delay following the Government’s defeat in the High Court on the subject of personal protective equipment and health and safety protection for limb (b) workers. That growing part of our workforce, who find themselves with significantly fewer rights than their directly employed colleagues, now find that the Government are failing to act. Many of these precarious workers may find it even more challenging to deal with issues of maternity.

Those of us who are committed to maintaining high standards, whether in the field of employment, the environment or consumer rights, need to be on our guard here, or slowly but surely, hard-won protections we have enjoyed for many years will be reduced or swept away in pursuit of the so-called flexibility that we are now being told is what the UK needs as it pursues life beyond Brexit.

The amendments are about setting a marker. We can see, working from the most vulnerable members of our workforce right up to the Cabinet table, that change can be seen as an opportunity to roll back the clock and reduce and reset established rights. The Scottish National party does not consent to that process.

I will comment briefly on the amendments tabled by the hon. Member for Walthamstow. Her amendment 2 seems to offer appropriate clarification of an aspect of support for Opposition Members. It addresses the issue of someone being disadvantaged as a result of change in circumstance while on maternity leave, which strikes me as an important principle. While on maternity leave, we should not be concerned about the impact of changes at work, so I am happy to support that amendment. I ask the Minister to look at embedding the principle of no detriment in future action in this area.

There is no doubt that an equalities impact assessment is a vital way of dealing with some of the issues with the Bill. The recent Petitions Committee report that we have spoken about highlights some of the issues that need to be addressed when introducing reforms in this area. Recognising that the eyes of the country will be on the changes, we need to avoid creating a two-tier system. We cannot have a good system for Ministers and holders of other high-powered posts and a second-rate system for everyone else.

An equality impact assessment might have thrown up the need to address some of the wider issues in order to avoid that two-tier perception. It would also have highlighted that parental leave more broadly is vital to shattering the glass ceiling, and that too many barriers are still in place relating to caring responsibilities. When this Bill comes back, as the Minister has promised it will, it needs to address those issues.

If we had the equality impact assessment, we might also have noted that wider action is needed to increase the uptake of maternity leave to closer to the one-year statutory limit, because so many parents cannot afford to take the leave to which they are entitled. To address that gap between entitlement and uptake in the wider workforce, it is clear that maternity pay needs to increase, with the SNP proposing 100% of average weekly earnings for the first 12 weeks, then 90% or £150 for 40 weeks, whichever is lower.

--- Later in debate ---

[Chris Loder]

I hope the hon. Lady will forgive me, but I am afraid I do not concur with what she has said. I think we are in one of the most fortunate situations in the entire nation. This Parliament has the ability to call on the taxpayer to support those who need to take maternity leave, to take care of their children and to physically recover from pregnancy, so if the hon. Lady will forgive me, I think she is wrong. We as a Parliament, as a state and as a nation are in the fortunate position that we do support our MPs, and we must be careful to not put out there that we do not, when there are many people who are struggling. I agree with the hon. Lady’s earlier point that across the nation, there are employers who do not necessarily fulfil their obligations, but I think we have to be careful about giving the impression to the nation that we in this place are hard done by, because I am afraid I do not agree.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. Just before the hon. Lady responds, I think it is quite important to note that this Bill is about Ministers, and we must not stray too far into the position of Members of Parliament as well.

[Stella Creasy]

I thank the hon. Gentleman for his comments. If he will forgive me, as somebody who has actually been through this process and actually understands what is available and what is not clear at present, I would gently encourage him to talk to his colleague the hon. Member for Stroud about her experiences.

It is really important that we are honest about the lack of clarity. As I have said, there is not a formal maternity leave scheme or formal maternity cover. Unless the hon. Gentleman is suggesting that if an MP disappears for six months, nobody would notice because they do not do anything, then there is work to be covered. The point about this legislation is that it recognises that. It is not about the pay—that is a red herring in this environment. It is about having somebody to cover the work we do outside of this room: the campaigns we run, the constituency events we attend, and the casework we do. For me, it was not acceptable to ask my staff to fill in everything that I did for six months, and expect my constituents to have a reduced service as a result, rather than to have somebody cover those roles.

I am very conscious of time and I do want to press on, but I would gently encourage the hon. Gentleman to look at what is actually being provided at the moment. It is not the same as what we are providing in this legislation, and that is my point: we want parity, because every woman should have six months’ paid cover so that they can actually take time off. Perhaps he might want to speak to my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq), who was back doing casework three days after a caesarean section because, although people thought she could take maternity leave, the reality was that she could not. I know that it is not a situation in which the hon. Gentleman has found himself, but I hope that he can understand, through listening to those of us who have, why we need change. Certainly, I hope that he will join me in supporting paid parental leave for our male colleagues because that is really important. I have talked to many colleagues who find that this place takes them away from their families when we want to bring them together.

I want to highlight the other amendments that I have tabled. I recognise the cross-party support for new clause 1—I think the Paymaster General does, too—and the call for change and for us not to be blind about the messages we send from this place about the importance of paid maternity cover and ensuring that everybody can access it.

Amendments 1 and 2 are probing amendments to recognise some of the questions the Bill raises about the practical technicalities and what would happen. The Bill seems to take account of the idea that somebody might be demoted while they are on maternity leave and I am sure that the Paymaster General will want to clarify that. Although the Bill provides that no Minister would be in a financially difficult position if they were removed from their ministerial post while they were on maternity leave, it does not make the same provision for the small number of Opposition office holders. Will the Paymaster General clarify what would happen in that case? We all want to ensure that when any woman takes maternity leave, she can do so with confidence and certainty about her financial and logistical position.

There are still battles to be won, but I want every pregnant woman in this country who is facing problems right now to know that there are voices in this place that are prepared to stand up to those who tell them not to worry and to be grateful for the fact that somebody might employ them at all; not to worry about going home and being stuck with their children, and that equality does not matter to our economy. I know that there are voices and champions for the importance of not discriminating against pregnant women and new mums across the House, but it is time that we saw ourselves as we are now, and we are looking through the wrong end of the telescope if we do not understand the impact of the Bill on the messages that we send.

I know that the Paymaster General realises that we need to do the research. She is honest about how small the number of women affected by the Bill is. If she will not accept the amendment, I am keen to hear from her—because I do not want to have to take the Government to court—a clear timetable for action, a clear commitment by the Government to make parliamentary time so that we can resolve the issues in this place and support women of child-bearing age and their partners in local government and across the Assemblies as appropriate, for public life if nothing else. Deeds not words.