Parental Bereavement (Leave and Pay) Bill (Second sitting)

Debate between Will Quince and Laura Pidcock

Wednesday 7th February 2018 Public Bill Committees

[Kevin Hollinrake]

My hon. Friend makes a good point: we need to engage with all the stakeholders in the consultation to ensure we get it right. I heed the calls of many hon. Members, especially the hon. Members for Lincoln (Karen Lee) and for Washington and Sunderland West (Mrs Hodgson), who have made such points in previous debates.

If the hon. Member for North Ayrshire and Arran agrees to withdraw the amendment, I ask that she and other hon. Members work closely with officials and the Department to feed into the consultation, which will be held later this year to consider some of these points in more detail, including the period in which leave may be taken and how flexibly it may be taken. I am very sympathetic to a longer period, but I ask that we deal with it in that way.

[Laura Pidcock (North West Durham) (Lab)]

I echo the comments of the hon. Member for North Ayrshire and Arran. It is right that flexibility be given. Having listened to those comments, another consultation seems like a frustration. This is quite a simple ask. Grief can affect people in many different ways. It can manifest and culminate at different times for different people depending on their support network, what has happened to them and their child, and the delay of the trauma.

As noted in amendment 11, it is crucial that the parent or carer should not have to take those days concurrently, but could use them as they wished, in agreement with their manager. That is where we would achieve balance: the right would exist, but a manager would have to agree to those times.

When I was a team manager, one of my members of staff found out that her daughter had diabetes. We worked week by week on what the needs of the child were for getting to grips with that disease. That is where the balance could come. It is not too much of an imposition, just an ask for some flexibility.

Flexibility would undoubtedly be beneficial for the employer, because the employee would not just take a two-week block within two months of the trauma, after which they would be expected to return to work. The time could be used as a phased return, as has been mentioned, or stored up for when a particularly bad period arose, which would otherwise probably, and understandably, be taken as a sick day by that employee. I therefore think that this is a very reasonable amendment.

[Will Quince]

I thank the hon. Lady for kindly giving way on her very last word. Does she agree that this is quite a large change? We are introducing one of the best workers’ rights in the world, so it will be a big change for business and will therefore come as somewhat of a shock. We want this to be an absolute bare minimum that businesses provide, so it is therefore really important that we take the business community with us and absolutely sell why this is such an important thing to do and why, as she rightly says, it will be beneficial to their businesses. That is why consulting is probably the right way forward.

[Laura Pidcock]

I know that all this comes, as we mentioned last week, from a place of anxiety of wanting to make sure the Bill passes with ease. I have to politely disagree: I am not sure that this would be a massive shock to business. When I was a manager of a team, albeit within a charity, I still had to make sure that there was enough money in to pay the wages. We very much had to operate like a business.

I hope the new legislation never has to be used, but where it does the entitlement will still be two weeks’ bereavement leave. That is not a considerable time in people’s working lives. Using the time flexibly would have positives for the employer because members of staff, if they were unable to use the entitlement, would often have to call in sick because they were so down and were unable to come in to work.

--- Later in debate ---

[The Chair]

Order. The hon. Member for Thirsk and Malton is intervening on the hon. Member for North West Durham.

[Laura Pidcock]

Thank you, Mr Gray. It is all getting a bit confusing.

Let me say a few tiny words in response to that answer. I understand that it would take a very brave employer to come forth and say that they would not agree with this. I also think we have to bear in mind that although this is painful to every single individual, we are talking about a minority of people who will have a child who dies, and a minority of employers who would be abusive by not allowing a day off for a funeral, so this is about small numbers.

[Will Quince]

The vast majority of employers are rightly compassionate enough to give their staff a day’s leave for a funeral. That is paid, ordinarily, at their full pay rate. If this measure is included in the Bill, the danger is that that would only be at the equivalent of statutory paternity or maternity pay, so we might actually be penalising the people we are trying to protect.

Parental Bereavement (Leave and Pay) Bill (First sitting)

Debate between Will Quince and Laura Pidcock

Wednesday 31st January 2018 Public Bill Committees

[Laura Pidcock (North West Durham) (Lab)]

Thank you very much, Mr Gray, for calling me to speak. It is a pleasure to come to this Committee and work on this Bill, which is the first Bill that I will consider in my new role. The hon. Member for Thirsk and Malton has outlined what the clauses do; I will not repeat that. I will just say that I support the purpose of the clauses.

The hon. Gentleman also said that the fact that this legislation does not exist already is almost unbelievable; I cannot believe that it has taken until 2018 to table such a measure, and create the right to parental leave and pay. I am therefore pleased that, through this private Member’s Bill, we will create such legislation. I give thanks to the hon. Gentleman. By the way, we agree that everything is better up north; that is one of the few things we agree on. We also agree on the purpose of this Bill and we will use this Committee not only to improve the Bill—potentially—but to ensure that it is passed.

I have to say that I am humbled to speak in this debate alongside people who unfortunately have first-hand experience of losing a child, and I place on the record how much I admire all of them and all their strength.

The principle should be that if someone is in work—whatever type of work they do and for however long they have done it—when catastrophe strikes and their child dies, either as a result of a long-term health condition, a freak accident, or anything in between, they should have time off to recover and there should be no financial detriment to their taking that period of recovery. I just cannot imagine the pain and grief that someone experiences when they lose the closest person to them, and the fact that they need to function so quickly after they have felt such grief is impossible to comprehend.

As has been mentioned in previous debates, there are of course employers who will be very understanding and who will make time for people to grieve and to make arrangements. However, we also have to acknowledge, as I think this Bill does, that there are employers who do not show the same compassion at this most dreadful time.

All the statistics tell us something. For example, the National Council for Palliative Care says that a shocking 31% of people who have been bereaved in the last five years felt that they had not been treated with compassion by their employer. In my view, that is an astounding statistic and it is also proof that the Government must take action, and rightly are taking action, to provide protection for these people.

[Will Quince (Colchester) (Con)]

It is a pleasure to serve under your chairmanship, Mr Gray.

This is, indeed, a very exciting day, and the culmination of nearly three years’ work. I fully support the Bill, amending the Employment Rights Act 1996 and giving parents who sadly suffer the loss of a child the statutory right to two weeks’ paid leave. I first introduced a Bill on this matter in the previous Parliament. The issue was, and remains, one of the burning injustices that I wanted to address during my time in Parliament, which is why I am so supportive of this Bill and the work of my hon. Friend the Member for Thirsk and Malton.

Why is this issue so important to me? It is important because it is personal. Having gone through the experience of losing a child in 2014, I saw the impact that it had on not just me but the wider family, and my wife in particular. We had all the protections that come with a stillbirth: the full rights of maternity and paternity, which do not exist for those who lose a child after six or seven months.

When I joined Parliament I started researching this subject and looking at why there was this gap in provision and no statutory protection. I came across a similar Bill that was introduced back in 2013 by the former Member for Glasgow South, Tom Harris. He recognised that there was an issue here, based on a personal case in his constituency. I have been liaising with Tom, who has been hugely helpful and supportive of my Bill coming back before the House as a ten-minute rule Bill and its continuation in this Bill. I also met a lady called Lucy Herd who set up an organisation and charity called Jack’s Rainbow. She sadly lost her child who I believe was around two years old, and she has campaigned tirelessly on this issue for several years.

Although Tom did not get as far as starting to draft his Bill, he presented a ten-minute rule Bill that kicked off the process of getting Parliament to think about the gap in provision. With the help of the Table Office, we then drafted a Bill that was an initial variant or incarnation of what we see in front of us today. Sadly, the Session timed out and we were not able to take it through to get it on the statute book.

Along with a number of colleagues from across the House who care passionately about this issue, we campaigned as hard as we could on a cross-party basis, and as a result managed to get this policy in all the four main parties’ manifestos, which was no mean feat. I will be eternally grateful to my hon. Friend the Member for Thirsk and Malton for picking up the baton and running with this Bill. When a Member comes high up in the ballot for private Members’ Bills, they are inundated with requests from charities, different organisations and local, constituency cases from people who want them to take on their cause and campaign. Within about 20 to 30 seconds of a phone call with my hon. Friend the Member for Thirsk and Malton when I knew that he had come up high up in the ballot for private Members’ Bills, he did not hesitate to say yes. That is a credit to him and shows how passionate he is too about addressing this issue.

I also thank the Government for their support for the Bill, and in particular the former Minister, my hon. Friend the Member for Stourbridge (Margot James), who has been so supportive. From the point at which my Bill fell in the last Parliament, we had a number of meetings in the Department to work out ways in which we could thrash this issue out and bring it forward again.

I also welcome the new Minister to his place. Knowing him as well as I do, and from the work that we have already done on this important issue, I know that he is as passionate as we all are about getting the Bill over the line and on to the statute book. I thank all Members from across the House who have supported this campaign and the Bill, and, as my hon. Friend the Member for Thirsk and Malton said, all the different charities and organisations that have been so supportive of the Bill and have fed into the process with their different ideas. We will not agree with all of them—some of them are not entirely practical—but we might agree with some of them, and the point is that they have been very forthcoming with their ideas and views.

Why is the Bill needed? Why is it so important? To put it bluntly, it is because there can be few more distressing life events than the loss of a child. I know that a number of hon. Members across the Committee have experienced that loss. Personally, I can only speak having gone through a stillbirth. I cannot imagine what it would be like to lose a child at one, three, five, 15 or 17. Up to 5,000 children die every year in the UK, which means that thousands of parents have to go through that personal tragedy.