Illegal Migration Bill

Debate between Stella Creasy and Wendy Chamberlain

Report stage
Wednesday 26th April 2023 Commons Chamber

[Stella Creasy]

rose—

[Wendy Chamberlain (North East Fife) (LD)]

rose—

Ministerial and other Maternal Allowances Bill

Debate between Stella Creasy and Wendy Chamberlain

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

[Stella Creasy]

I completely agree with my hon. Friend. The challenge that she is speaking to is the same as the one that the hon. Member for Strangford (Jim Shannon) spoke to with regard to his member of staff. The Bill is not just about pay, but actual cover. As I said earlier, it is the commitment that the current Attorney General will not get an immediate phone call saying, “We know you are on leave, but we need you because of X.” Somebody else will be formally overseeing that role.

It is not by accident that when I was pregnant, I thought about what I wanted to do for my community. It was not about money, but about being conscious that if I had been awake for two or three hours at a time, I probably would not be as useful to my constituents as someone who could focus fully on the job. As I discovered with my first child, those pockets of sleep for two-and-a-half to three hours—the point at which I saw coffee as a medicinal substance to keep going—were in the first few weeks and months after childbirth.

It is absolutely right that we work to protect the family life of any woman giving birth, so that she has that time to bond with her child and to properly take time out, but we cannot do that in this job if there is nobody fulfilling the role that we are doing. It is the same for a local councillor and the same in our Assemblies. That is the challenge that we are facing here, and why it is so important that we assess the impact of this legislation.

[Wendy Chamberlain (North East Fife) (LD)]

I am listening intently to the hon. Lady’s speech. She is making some excellent points. Does she agree that today, what she is asking for is even more crucial? Given social media and emails, Members of Parliament are arguably never off.

[Stella Creasy]

I completely agree with the hon. Lady. At this point I pay tribute to the hon. Member for Stroud (Siobhan Baillie), who found herself being abused because she was on maternity leave. She was also abused by members of my own party. I remonstrated with them, pointing out that that was not the progressive approach to take.

My concern about the hon. Member for Stroud, and why the legislation is a missed opportunity, is that she sought to get cover. She was an MP who, like me, tried to get a locum. I had a fantastic locum. In fact, my locum, Kizzy Gardiner, was too good. People in Walthamstow were desperate to keep her, because she was an absolutely fantastic example of why maternity cover matters. Nobody in my constituency batted an eyelid about having someone else not just doing casework, but out there representing our community, working with groups, going into local schools before lockdown happened, and then when the lockdown happened, leading on that role. Watching the hon. Lady being abused and attacked, and watching her also trying to cope with those first few weeks of having a new baby alone, fired my enthusiasm on this. We cannot sit around in this place, watching as other people get those issues right, but failing to take action ourselves.

It is not by accident that the number of times pregnant women end up in this place, or in local government or in the Assemblies, are few and far between. That is one issue that an equalities impact assessment can take a look at. We all talk about wanting to get more diverse people into our politics. Sometimes the barriers to that are blindingly obvious. I know from talking to colleagues in local government just how frustrated they are. I know from talking to colleagues in other devolved Administrations just how frustrated they are.

When we pass legislation in this House, such as this Bill, we cannot be blind to the message that we are sending about how we have determined who is important enough to have that leave. If we think that is not something that should be bestowed as a discretionary pleasure, or as a benefit like a company car, then we also have to recognise the consequences of behaving like that, not just here but in other places as well. If we want to ensure that there is no trade-off between family life and public life for either men or women, we must look at the message we are sending. The honest truth is that this legislation, as it stands, sends a message that a two-tier system is acceptable.

Consider for a moment what would happen were we to look at local government and say, “Well, it’s okay for just cabinet members in local government to have maternity leave”. We would be horrified for young female councillors, or indeed for young men who want to be good fathers and spend time with their children, and want to be supportive partners, yet that is exactly what we are doing here. Frankly, in no other workplace would this be acceptable. If someone came to us in our constituency offices and said, “This is the experience in my workplace”, we would say, “Well, that’s clearly breaching various regulations. We must support you. We must get you trade union representation.” I am very proud of the trade unions, which I know have made representations on this issue already.

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[Wendy Chamberlain]

I am pleased to have the opportunity to speak in Committee, having been unable to do so on Second Reading. I start by wishing the right hon. and learned Member for Fareham (Suella Braverman) and the hon. Members for Walthamstow (Stella Creasy) and for Enfield North (Feryal Clark) all the best in their pregnancies. Indeed, it is particularly poignant for me to speak in this debate today because I am currently receiving updates on my stepson’s partner, who is in the early stages of labour; they are on the way to the hospital as we speak. Step-grannyhood awaits. I am not quite prepared for that.

The Bill corrects what is fundamentally a clear unfairness in relation to ministerial appointment legislation. Clearly, as we heard on Second Reading, there is support from all sides of the House for ensuring that Cabinet Ministers can take maternity leave, and rightly so. However, like many Members across the House, I find it worrying that this huge hole in legislation has been spotted only now. Sadly, I think that speaks volumes about this place, the current Government and—dare I say it?—previous Governments, in which my party took a part.

While today we may be updating antiquated rules, the Bill takes us not so much up to the present day as into the 1990s. Of course, a particular element of maternity leave is ensuring that a new mother can physically recover from the birth. I was a police officer for 12 years, and it was critical that we took time off work. That is why all mothers should take at least two weeks off work in the first instance. It was therefore incredibly saddening to hear of the experience of MPs who have been forced to attend this place either immediately prior to giving birth or shortly thereafter.

In 2021, there is wide acceptance of the fact that, no matter how a person is becoming a parent, they should be entitled to leave, whether it is maternity leave, paternity leave or adoption leave, to give the child that is coming into their family—the child should be at the centre of this—the very best start in life that they can. We should therefore expand the scope of the Bill beyond maternity leave, because that is clearly the direction of travel that we see in society. This must be a legislative first step, and I welcome the Paymaster General’s comments on Second Reading that it is. I look forward to hearing the timetable accordingly.

I worked for a number of different organisations throughout my career before I came into this place. I have seen a variety of policies on parental leave, and I have seen them change over time. In fact, when I was a police officer, they changed between the births of my children; when I had my daughter, I had six months’ leave, and when I had my son, I was able to take longer. However, I would have really struggled financially if it had not been for my mother, who was able to help us cover childcare. There was just no way that, as a family, we could afford the multiple days.

[Stella Creasy]

The hon. Lady is making an incredibly powerful speech. May I be the first person to congratulate her on her forthcoming step-grannyhood? I am sure she will be super-gran. One statistic that is very important in this debate is that a third of women get into debt when they take maternity leave. She talks about the financial penalties that she faced. Does she think that one of the things that we would need to look at if we were to have an equalities impact assessment is the different access to maternity leave and the time that people can have, due to the financial consequences for them of taking it because we have such poor maternity leave in this country?

[Wendy Chamberlain]

Absolutely; I agree. Continuing on my experience of maternity leave, I had to get my mother to help so that we could afford the childcare, but my husband was a police superintendent at the time of the birth of our son, and his two weeks’ paternity leave operationally did not really happen because there were a number of things going on. It just did not work for us as a family, and he certainly did not get the quality time he deserved.

I empathise with the comments made by the hon. Member for Truro and Falmouth (Cherilyn Mackrory) about the role of fathers. I simply would not be able to serve in this House if it were not for my husband taking the lead at home, although I have warned the children that I am checking Satchel One for progress on online learning on a regular basis.

The global drinks manufacturer that I worked for prior to my election introduced a parental leave policy in early 2019, which means that, regardless of whether it is maternity, paternity or adoption leave, employees are entitled to parental leave equating to six months’ full pay. I agree with the hon. Member for Glasgow North (Patrick Grady) that this has been transformative, not just for mothers but for fathers too. The biggest impact, I would argue, has been on men. For instance, the director of the global learning unit that I was part of, a man, took his full parental leave allowance, and that sent a very important message. It meant that many men on the supply and manufacturing side of the business in more operational roles felt empowered to be able to take that same leave. That is incredibly important.

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[Wendy Chamberlain]

I agree. It is interesting that the Government are now much more supporting of proxies than they have been. The challenge around the pairing arrangements is not only the risk that they might be broken—that was certainly a very bad experience for Jo Swinson—but that the role that we play in this place is potentially much more visible than it has been in the past through apps such as CommonsVotes. People in our constituencies judge us, and rightly so, on our voting records, and pairing does not give people the opportunity to have their views recorded.

[Stella Creasy]

I have constituents who say, “I turned on the television and I couldn’t see you in the Chamber”, and I say, “Yes, that’s because I was working.” It is important to remember that only a third of what we do as Members of Parliament takes place in this room—there is also all the build-up to legislation, all the casework we do in our communities, and the role we play as an advocate for our localities. When we are considering the cover required, thinking only about what happens in this place and the end point of voting is a missed opportunity. We have to recognise what would happen in our communities if our role there was not played. Does the hon. Lady agree that we should not sell ourselves short with the idea that if we disappeared for six months people would not notice?

[Wendy Chamberlain]

I do agree. That would not only sell ourselves short but sell short the work done by our staff in our constituencies. Owing to the pandemic, it has been difficult for parliamentarians who came into this House in December 2019 to know what case workloads might normally look like, but I have experienced a very high level over the past year, and my staff have played a key role in relation to that. We need to be there to support our constituents. Constituents have said that they have had a better understanding of the role of MPs and what they can do as a result.

I do not want it to be thought that I do not agree with Cabinet Ministers being entitled to full pay and maternity leave. I absolutely support that; it is entirely right and in keeping with best practice, but it also potentially speaks to huge unfairness, on which other Members have touched. Secretaries of State will receive about £1,300 a week if they receive full maternity pay for six months, but millions of people around the country are eligible only for statutory pay, which after the first six weeks is just £151 a week—close to a 1,000% difference.

On Second Reading, the right hon. and learned Member for Camberwell and Peckham (Ms Harman) spoke eloquently about the deficiencies in maternity pay and allowances. It does seem odd to me for the Government to say, “This is the standard we are going to give to a Cabinet Minister,” and on the other hand say, “The statutory minimum is the standard by which you should treat your employees.” That seems a case of “Do as I say and not as I do.” The organisation that I worked for previously is now giving six months of parental leave, regardless of whether that is maternity, paternity or adoption leave. That is a big organisation.

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[Wendy Chamberlain]

Again, I agree. We are not only paid on maternity or paternity—if Members choose to take time off—but we do not receive sick pay because we continue to be paid at that time as well. I acknowledge that during this period a number of people in my constituency and across the UK are really struggling because statutory sick pay provisions are nowhere near adequate.

I worked for a global organisation, but I am conscious of the impact of parental leave on small businesses. That is why the statutory support needs to be so much better. We would view it as unacceptable if the Bill said that the Attorney General would receive only basic statutory maternity rights, and yet fundamentally that will be the case for millions of people.

Hon. Members have touched on MPs’ staff and IPSA contracts, where I also have concerns. Many MPs employ staff who have worked for other MPs, especially after the churn of an election—indeed, I did that in January 2020—but to qualify for full maternity pay on an IPSA contract, a staff member needs to have worked for over a year. If staff members change MP, even if they have worked for a long time in Parliament, they effectively start a new employment and are penalised as a result. Although, like the hon. Member for Walthamstow, I was pleased to see in my mailbox this morning correspondence from IPSA on this issue, it was specifically related to MPs. I urge IPSA to consider MPs’ staff as part of the review. My first 15 months have certainly taught me that having excellent staff and supporting them is critical to success in this place.

I want to reflect on the work I have done with 50:50 Parliament since my election. I have spoken at a number of its events—obviously enabled by being online during the pandemic—and the common theme in the questions that come from women interested in or considering standing either in this place, at local authority level or, indeed, at the Senedd or at Holyrood are around how to manage family time and find a work-life balance, and having children as part of that. I continue to urge the Paymaster General to regard this Bill as a first legislative step. We have a real opportunity to send out a strong, positive message about diversity in this place, but someone who has served as a Cabinet Minister for less than a year is to receive full maternity pay. As I say, that is right, but we have an issue to address when a staff member who might have worked in Parliament for years would receive only statutory pay.

It is now a month before the Attorney General’s maternity leave, and it is worrying that the Government have only now realised that this is an issue. Obviously, the business changed last week to allow us to debate the Bill today. That tells me that equalities are not at the heart of the Government’s thinking. I always think about an inclusion lens: everything that we consider in this place should be looked at in the light of inclusion and therefore we will see the issues before they are pointed out to us latterly.

[Stella Creasy]

I agree with what the hon. Member is saying. Does she agree that it is concerning that normally an equalities impact assessment would be produced as standard and yet we do not see that because this legislation is being pushed through Parliament at short notice? We are all aware that the Government have had a deadline to work to, but they will have known of that deadline for some months, so there could have been time to do some of the work we are asking for in the amendment, with our better understanding the consequences of the legislation as a result.

[Wendy Chamberlain]

I entirely agree. Indeed, earlier I joked that this legislation brings us not into the 21st century, but into the 1990s. When I was a police officer, doing equality impact assessments, whether for operations we were carrying out or for anything else that was planned, was very much part of that. So it is disappointing that we are not seeing that in this place.

That lack of focus on equalities has become apparent over the past year, during the pandemic, and it is really disappointing. The hon. Member for Glasgow North mentioned my Liberal Democrat colleague Jo Swinson, who worked not only on parental leave but on gender pay gap reporting, which was one of the first business requirements to be jettisoned during the pandemic, and as yet there are no plans for its return.

When we watch the frequent Downing Street press conferences, it is usually a man we see at the lectern. These are potentially disappointing messages that the Government are sending out. In contrast, the pandemic has had a disproportionate impact on women, and I note the recent findings of the Women and Equalities Committee in that regard. Again, the hon. Member for Walthamstow spoke powerfully about this earlier. I, too, commend the work of Pregnant Then Screwed and wish them success in their case, but obviously I am saddened that it has got to that stage.

The Government talk a lot about levelling up, but clearly there is work to be done to get their own house in order when it comes to gender equality, both internally and in relation to the impact of their policies across the country. That is why I was very happy to co-sign new clause 1, tabled by the hon. Member for Walthamstow, which calls for that equalities impact assessment for this legislation, as she described so eloquently.

There has been progress over the past 10 years. Thanks to the efforts of Jo Swinson, we now have shared parental leave, which has been an incredible success, and I know that many people across the country have taken up that opportunity. I know that more businesses and organisations have been improving the amount of fully paid maternity leave on offer, going beyond the statutory levels. That was the case with my previous employer, and indeed in the police service. However, it is very important that, as we consider the Bill, we think about how we can move forward, particularly in relation to covid. Given covid’s impact on businesses, with business margins tight, there is a concern that one of the first things to go will be provision that is above statutory levels. I am very concerned about that. Having had 10 years of progress, we cannot afford to have a lost decade when things go backwards as a result of covid. I therefore urge the Government to carry out an impact assessment on this issue. I hope the Paymaster General will address that point later.

To conclude, the aims of this legislation are very welcome but there is much more to be done. I hope that today’s debate will be the beginning of a conversation on how we modernise parental leave laws, how we encourage business to engage with that, how we recognise family life in 21st-century UK, and how we ensure that the legacy of covid is one of more flexible leave entitlements, rather than a reversion to statutory limits. Ultimately, however, the sadness of today is the Government’s failure to address the issue sooner. Perhaps they could have done that by carrying out an equalities impact assessment sooner. Sadly, that means we are talking today about one woman and the specifics of her case, and that should never have happened.