Tag: Speeches

  • Marion Fellows – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    Marion Fellows – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    The speech made by Marion Fellows, the SNP MP for Motherwell and Wishaw, in the House of Commons on 21 October 2022.

    I never thought I would hear myself say the words, but it is a pleasure to follow the hon. Member for Ashfield (Lee Anderson). It is always good when there is such consensus across the Chamber on Fridays in this place, and I think it is something we could perhaps do with a little more of at other times of the week.

    I congratulate the hon. and gallant Member for Barnsley Central (Dan Jarvis) on his success in the ballot to secure the opportunity to introduce a private Member’s Bill. I admit I am jealous, but I really want to commend him for the choice of subject, especially given the fact, as the hon. Member for Hampstead and Kilburn (Tulip Siddiq) said, that he as a man is introducing this Bill.

    I also commend the right hon. Member for Basingstoke (Dame Maria Miller), who has been congratulated by hon. Members on both sides of the Chamber, for all her previous work to bring forward a similar Bill. I mention my hon. Friend the Member for East Dunbartonshire (Amy Callaghan), who raised the matter in a Westminster Hall debate last year, and my hon. Friend the Member for Ayr, Carrick and Cumnock (Allan Dorans), who had hoped to be here today but unfortunately cannot be. I thank him for giving me some good pointers for my speech. I commend the work of Maternity Action, the maternity rights charity, for its work to advance women’s rights during pregnancy for many years.

    For far too long, women have been discriminated against in many ways—in society generally, in employment particularly and when pregnant specifically. Looking round the Chamber, I can confidently say that I am the oldest woman here. When I was pregnant with my first child in 1974, I was discriminated against in the most horrendous way. I found out that I was pregnant about a month before I was due to start a job in the civil service setting up jobcentres on the east coast of Scotland. The arrangement was that I had to phone and say that I was ready to start, so I had a very pleasant chat with someone—I cannot remember the details; it was a long time ago—and mentioned in the conversation that I was pregnant. They literally said, “Goodbye,” and put the phone down, and I never heard from the civil service again. That was standard operating procedure in those days; the civil service did not do anything wrong that I could chase them up in law for or anything. That was just the end of what might have been a wonderful civil service career.

    When I have told that story to younger people, such as my daughters, my daughters-in-law and my students when I taught at West Lothian College, I got the same gasp that I just heard in the Chamber. We have moved on—my daughter and my two wonderful daughters-in-law have never experienced anything like that—but I am acutely aware of the cultural change that is necessary in this area. Although there are some laws that prohibit direct discrimination against women, there needs to be cultural change to bring people on board.

    I would like to think that with this private Member’s Bill and the Government’s support, we are working our way towards eliminating another form of discrimination against women, especially when they are pregnant. They are vulnerable enough. My daughter is pregnant at the moment and I am pleased to say that she is in secure employment and is unlikely to face that kind of pressure. The Bill is an important step towards achieving that and providing protection for pregnant women against them being treated less favourably than men in similar circumstances—well, there will not be a similar circumstance for men.

    At this point, I must say that I agree entirely with the right hon. and gallant Member for Beckenham (Bob Stewart). In my first public speaking contest—in the days when we talked about sexual equality—I gave a speech saying that I did not want to be equal to men because I thought that women were much better. I have not changed my mind much about that, and it is nice that he has the same view on the matter. It is important to recognise that many hon. Members, some of whom I have mentioned, have supported this work. The cross-party basis on which the Bill is being debated is a wonderful demonstration of how, if we pull together, we can make things better for our constituents and others across the United Kingdom.

    In 2015, the Equality and Human Rights Commission published research, some of which we have heard about already today, showing that one in 20 new mothers are made redundant during pregnancy or maternity leave or on their return to work. That shocking statistic reveals a disturbing level of disregard on the part of some employers for the needs of women. The following year, the Taylor review into modern working practices highlighted further research confirming that the majority of employers expressed a wish and willingness to support pregnant women and new mothers, and the report commented favourably on the finding that more than 80% of employers felt it was in their interest to support pregnant women and new mothers.

    However, women might be less enamoured of the finding that at least one in 10 employers, and possibly as many as one in five, are not willing to support pregnant women and new mothers. We have heard some terrible examples of that today. The detailed findings show a disturbing level of acceptance among employers and managers that discrimination against women on the basis of their decision to bear children or their caring responsibilities is acceptable.

    All the following views were endorsed by at least one third of the employers and managers interviewed. Many of those interviewed claimed to have seen at least one pregnant woman “take advantage” of her pregnancy and regarded pregnancy as putting “an unnecessary cost burden” on the workplace. That is shocking, and it is a cultural attitude that we all must strive to change. Given that those attitudes and views are widely held among employers and managers, is it any wonder that pregnant women and new mothers are so widely discriminated against in the workplace?

    Between employers and Governments, effective arrangements must be put in place to support women and their families through the potentially life-changing process of pregnancy and rearing children. However, under current arrangements women have enhanced protection from redundancy only until they return from maternity leave, and the evidence—some of which I have heard here today—is that that protection is not working. It means only that a woman on maternity leave can be made redundant, but must be offered an alternative job above anyone else being made redundant if another job exists, which can prove a very big caveat, and the current law does not stop employers using pregnancy as an excuse for a piece of cost cutting.

    That is clearly demonstrated by the case of Jessica—not her real name—whose story was disclosed by the campaign group Pregnant Then Screwed. Jessica had a well-paid job, became pregnant and was made redundant on the day she was due to return from maternity leave. The day before she was due back, which was during lockdown, she received a text telling her not to go in to the office but to be available for a video call with a senior manager. During that call, she was told that she was being made redundant. She had been back at work for all of 30 minutes. She is convinced that the firm simply wanted to cut its staff budget and that, by going on maternity leave, she had unknowingly self-selected for redundancy. What a way to treat a member of staff—and what a welcome into the world for her child, with a family now burdened by unaffordable debt and forced to move out of their home, and a mother whose mental health and career were in tatters.

    As an employee of the company, Jessica might have had some chance of arguing her case for discrimination, although the costs and hurdles associated with attempting that would put most people off. On the other hand, Mandy, whose case was highlighted by the Taylor review, had no chance of taking out a legal case, because legal protections in the UK are so heavily and deliberately weighted against workers who are not direct employees. Mandy had worked for a bank on a zero-hours contract for several months. However, when she informed her employer that she was pregnant, her hours were reduced to zero; in effect, she was summarily dismissed with no recourse. Mandy is one of those pregnant women and new mothers who have borne the brunt of the increasing casualisation of the UK workforce. She found out that employment status—whether as a direct employee, self-employed, or through other ways of employing people—is important because that dictates entitlement to key maternity and paternal rights. Those in the growing number of insecure forms of employment can find their rights greatly diminished, reducing or eliminating their entitlements to maternity and parental pay and leave, health and safety protection, time off for antenatal appointments, and rights to return to work.

    I know that this is not covered by the Bill, but it must be highlighted. The “Insecure Labour” report produced in 2020 by Maternity Action spells out some of the implications of casualised or insecure work on women workers, pregnant women and new mothers. Heather Wakefield, the chair of Maternity Action said that the report

    “paints a shocking picture, which requires swift and radical action by Government, employers and trade unions to halt the damaging impact of casualisation on the working lives and wellbeing of pregnant women and new mothers.”

    These cases are not isolated incidents; we have heard plenty about that this year.

    I commend the hon. Member for Barnsley Central. I think that the parts of his speech concerning German law were new to most of us, and they were really interesting and useful. I know that this private Member’s Bill does not go into that, but it can be a really good start. It is really important that we can look at improving working rights altogether, especially for women, but for everyone in the UK.

    I am not an economist, and I do not really want to be, but it does not make economic sense for businesses to discard women who have huge skills and bring so much to the workforce. There is a real economic case for retaining members of staff—it has been proved over and over again—as they can be role models for other young women who want to come in and they can help businesses succeed. They are well worth retaining.

    I do not think I need to say this, but, in case of doubt, I fully support the Bill and would be happy to serve on its Committee. As I have said, I applaud the hon. and gallant Member, and I thank everyone who has spoken so well and so passionately in the debate.

  • Lee Anderson – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    Lee Anderson – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    The speech made by Lee Anderson, the Conservative MP for Ashfield, in the House of Commons on 21 October 2022.

    I do not normally come to this place on a Friday, because I normally have better things to do in my constituency, but this Bill is so important that I felt I had to be here today. I just cannot imagine what it is like to be a woman at work who gets the wonderful news that she is pregnant, goes home and tells her partner, “I’ve got some great news,” and they are very happy and tell their family, then the following day she may come home and say, “I’ve got some bad news: I’ve lost my job,” or, “My firm don’t want me any more; I’m being discriminated against.” To think that that happens in this day and age is absolutely shocking. I cannot imagine it.

    As the law stands, employers cannot make mothers redundant while they are on maternity leave, but under this excellent Bill that protection will be extended through pregnancy and for six months after returning to work. That is brilliant. We do discriminate against women in this country—I know we do—and especially young women and young single parent women. I was a single parent for many years—17 years—with two children, but I did not come up against the barriers that women do. I know that, because when I went for a job, they never even asked me if I was a single parent; they assumed that I was just a man looking for a job, and I got the job. I know full well that when women go for a job, employers probe and poke their nose into business that, quite frankly, is not theirs. I know that employers look at those women and think, “She’s a single parent—she’s going to have time off. Her kids have got to go to school. They’re going to be ill. She might get pregnant again.” Those are the barriers that us men do not normally face.

    The contributions today have all been outstanding, as have the interventions. I thank the hon. and gallant Member for Barnsley Central (Dan Jarvis) for bringing this Bill to the House, because it is so important. He once said:

    “No one should be penalised for having a family, but pregnant women and new mums face grotesque levels of discrimination in the workplace.”

    He is bang on. He went on to say:

    “This bill will help tackle the appalling injustices they face. From the extortionate cost of childcare to difficulty in finding flexible hours, balancing family life with a job is already hard enough.”

    That sums it up for me.

    Nickie Aiken

    My hon. Friend talked about the fact that men do not face the same questions when being interviewed for jobs. Given the fact that he is saying that and that the Bill is being introduced by a male Member of the House, does he agree that it is so important that men stand side by side with women, to ensure that women have workplace rights?

    Lee Anderson

    I completely agree with my hon. Friend. It is not right; men do not face these questions and this discrimination, and we forget that. It is, unfortunately, still a man’s world. I sometimes get slated for saying that, but it is—let us be honest. There are so many barriers for women in the workplace, in life and in general, and this is just another barrier that they have to come up against time and again. It is quite shocking that we are having this conversation in 2022, but we are here having it, and hopefully the Bill will be passed—I am sure it will—and will give the extra protection that women in this country need.

    I just hope that there are plenty of women listening to this today who will know that we are on their side and are going to make changes, and can have that confidence. We have talked about women being sacked from the workplace because they are pregnant or may get pregnant, and the skilled workforce that employers lose through that. They are not only losing skilled workers and their potential to go on to be brilliant employees, but saying to the marketplace out there, “We don’t want you. You’re a woman, and we don’t want you working here.” How wrong is that, when 50% of the population in this country are women? I think we are getting close to that in this place—we are getting more and more women here—and rightly so. Why should women not work here and why should they not do all the top jobs? It is an absolute disgrace.

    The most important job that women do on this earth is to have children. Without them, I would not be here. They have children and they do a fantastic job, but to balance that with having a career, running a home, being married or having a partner, or whatever they have to multitask. My right hon. and gallant Friend the Member for Beckenham (Bob Stewart) said he is not very good at multitasking—I can vouch for that because I have been in his office quite a few times this week, and he cannot multitask at all. Women play an incredibly important part in society.

    Bob Stewart

    I had to intervene on my very good friend, but I must say that I think I am seriously lucky to be a man. Frankly, I do not have to put up with all the rubbish that women sometimes have to go through, so I am very glad, and I think my hon. Friend would probably say the same, would he not?

    Lee Anderson

    I completely agree with my right hon. and gallant Friend, who makes a really good point.

    We know this happens: the majority of single parents in this country are ladies—women—and the hurdles they have to go over on a daily basis just to get by in life are hard enough. As a Government and as a society, we are trying to get more people back into the workplace. We have a skills shortage and there are lots of jobs in the economy—there are over 1 million vacancies, and we need to plug that gap—but what are we doing in such situations? We are putting up obstacles and barriers, as we sometimes do to disabled people, and making it so difficult for them to get back into the workplace.

    We are missing a trick, and it is costing the economy. It is also costing employers, because if they are not recruiting or keeping in the workplace a lady who has had children or is on maternity leave, they are missing a trick. They are not upskilling that person, and if they are not retaining that person, they have to go out and recruit somebody else and spend thousands and thousands of pounds getting them up to speed when that asset—that employee—is already there. We need to stop missing that trick, use a little bit more common sense in the workplace, get behind our brilliant women in the UK, because they are brilliant, and give them all the support they need.

    Theresa Villiers

    Does my hon. Friend agree that it is particularly important to do this at a time when the cost of living is causing so much pressure on family finances? The last thing young families need at this point is for women to be forced out of the workplace because of unfair treatment.

    Lee Anderson

    My right hon. Friend is exactly right. As I say, we have an abundance of talented women in this country, and many of them are sitting in here today—I had to say that, did I not? We are putting up barriers and obstacles to these women, but they want to go out there, get into the workplace, earn good money, have good careers and contribute to society, and it is only right that we remove all these barriers in the workplace. So I welcome the Bill and wholeheartedly support it. I am going to shut up now because I have said enough, and I know there are one or two more speakers and the Minister wants to have his say about this.

  • Theresa Villiers – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    Theresa Villiers – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    The speech made by Theresa Villiers, the Conservative MP for Chipping Barnet, in the House of Commons on 21 October 2022.

    It is a great privilege to follow some wonderful speeches, not least the one by my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken). I very much support the Bill, which plugs an important gap in our employment protections, and I commend the hon. Member for Barnsley Central (Dan Jarvis) for introducing it. I welcome the cross-party support today and it is good to see the Minister in his place, ready to give the Government’s support.

    The improvements in protection against redundancy for women who are pregnant or returning from maternity leave and people who are returning from shared parental leave or adoption leave are very welcome. We have heard from a number of colleagues about the unfairness that is still being perpetuated in the workplace. The Bill will help to resolve those matters. I believe that employment protection is one of the significant achievements of this Parliament. In this country, we have one of the most comprehensive systems of employment protection in the world. I am proud to have voted for a number of improvements to those protections over the years and I look forward to voting in favour of this one.

    Ensuring fairness at work is one of the hallmarks of a modern economy and a civilised society. There is inevitably a power imbalance between employers and employees; there is economic power that rests with the employer. It is right for the legal system and the state to step in to help to rebalance that relationship and ensure that there are decent standards of treatment in the workplace. As many have pointed out, it is important to support young families and ensure that they are not subject to unfair treatment. The Bill provides a sensible compromise. I cannot see that the impact on employers would be excessive or negative. Indeed, as we have heard, ensuring high standards for women in the workplace potentially gives employers much better access to a wider labour pool, because it means that they are more attractive to talented and experienced women recruits, so there are real positives not just for employees, but for employers.

    It is important to recall the point that I made in my intervention, which is that, in this country, we have a productivity problem. We have been grappling with that for the past 10 years. Part of the problem is due to people who are economically inactive. The Bill helps to ensure that women have the opportunities in the workplace that they deserve and that they are not forced back into economic inactivity. This is one of a range of measures that could help us to improve our productivity by getting the most from one of our greatest assets—women in the workplace and women in our population.

    We can all be proud to be supporting another step in the road towards genuine gender equality. Like workplace fairness, this Parliament can be proud of the achievements of the past 100 years in remedying injustice dealt out to women. There is a debate about exactly when that started, but the Married Women’s Property Act 1882 was one of the first landmark decisions, which sought to remove the institutionalised discrimination and unfair treatment which, for millenniums, had characterised this country and others around the world. This Parliament can take some credit for many items of legislation over the years, which have, in essence, been dismantling the patriarchal systems that had been in place in previous centuries. The reality though is that there is still more to do, which is illustrated by the need to introduce a Bill such as this, and by the examples that we have heard today of the adversities that women continue to face.

    I was particularly struck by the comments made by my hon. Friend the Member for Cities of London and Westminster that the career paths of men and women after women become mothers are still so dramatically different. It is very welcome that we have seen the gender pay gap close in many respects, but there are still hurdles that mothers are asked to jump over in relation to their careers that their male competitors simply are not. I am pleased that we are taking a step towards addressing that, but I am sure that these matters will return to Parliament in many different ways over the years to come. This task of securing a truly fair society, where men and women have equal opportunities and are treated equally, continues to adapt as new challenges become apparent.

    I close by reflecting on the fact that we are tremendously lucky to live in a country that has respect for the rule of law, that ensures that workers are treated fairly and cannot be summarily dismissed and, in particular, cannot be lightly dismissed in the event of pregnancy, maternity leave, or the return from maternity leave. It is important, on an occasion such as this, to reflect on the fact that, in many parts of the world, women are not so lucky. One of the most notorious examples of this is, of course, Iran, where we see, on a daily basis, women and girls out protesting and demanding fair treatment. They continue to face institutionalised discrimination in terms of their right to travel, their consent to marriage and, in many areas, their right to decide what they wear.

    I have found those protests inspiring. I hope that they do lead to democratic change in Iran. It is a place that has a shocking human rights record, and both men and women have suffered at the hands of a cruel regime.

    This legislation is an illustration of the fact that we in this country take fairness seriously, we in this country believe that people should be treated fairly at work, and we in this country believe that women are entitled to equal treatment and equal opportunities. I commend this Bill to the House.

  • Nickie Aiken – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    Nickie Aiken – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    The speech made by Nickie Aiken, the Conservative MP for the Cities of London and Westminster, in the House of Commons on 21 October 2022.

    I wholeheartedly welcome this Bill, and I feel privileged to speak in this debate and support the hon. Member for Barnsley Central (Dan Jarvis). I am proud that there are a number of hon. Members on this side of the House who—they may not accept it—are feminists, including my right hon. Friend the Member for Beckenham (Bob Stewart). It is important to recognise that this should not be about women’s rights; this is about wanting to ensure that our country supports all its employees, male or female. It is sad that in the 21st century we still have to introduce Bills such as this to give women protection in the workplace.

    The Bill provides long overdue guarantees to pregnant women that they will not be dismissed during or shortly after pregnancy. It is also important to remember—we have not yet touched on this—that the Bill contains protection for those adopting children. A number of my gay friends have adopted children over recent years, and they will welcome this progressive Bill. This is not just about women, it is also about gay couples who are involved in adoption or a pregnancy, and it is important to highlight that—[Interruption.] I thank my right hon. Friend. Perhaps he would like to intervene.

    Bob Stewart

    I was just pointing out that a lot of my friends, male and female and married, also want to adopt. They have that right too, which is great.

    Nickie Aiken

    My right hon. Friend is absolutely right. This is about adoption, whether by a gay or heterosexual couple. The hon. Member for Barnsley Central is right to say that women should not have to choose between a career and raising a family, but unfortunately, far too many women are forced to make that choice. In 2016, a survey commissioned by BEIS found that three in four women experienced some form of pregnancy or maternity discrimination. As we have heard, 54,000 pregnant women a year are dismissed from their jobs. That eye-watering statistic should shame this country, and I hope that if passed, the Bill will go towards rectifying that shameful record. It is wholly unacceptable, but nevertheless we see that story across the board.

    In my constituency I hear the same stories again and again from women who are trying to balance family planning with their career. As I said in an earlier intervention, I am sponsoring my own private Member’s Bill to secure employment rights for those undertaking fertility treatment. That Bill seeks similar outcomes to those sought by the hon. Member for Barnsley Central. After all, this is 2022 not 1922, and people need to feel comfortable to choose to have a child—or more than one child—whether that child is conceived naturally or through fertility treatment, and no matter where they work and without fear of their career being negatively impacted.

    That fear is all too familiar for women across the country. There are women who are trying to make a career, but who are conscious that they have a limited time in which they can have a child. As I said earlier, when I had my first child aged 35, the average age of the woman in the hospital I was in was 39. Women now have careers and want to establish themselves in their 20s and into their 30s, and they then try to have a child.

    Shaun Bailey

    My hon. Friend is absolutely right. It is also about ensuring empowered women leadership. In a previous life she was the leader of Westminster City Council—if I may say so, probably the best leader we ever had. In this era of political comebacks, who knows? Perhaps another comeback is on the cards. We have to empower women leaders to encourage others. Given her experience as a woman in leadership, how does she feel about women leaders empowering women having children later in their career to find balance?

    Nickie Aiken

    My hon. Friend is absolutely right. I remember being pregnant with my first child, aged 35, holding down a full-time job and attempting to be elected to Westminster City Council. I was elected when seven months pregnant with my second child. Believe me, that was an interesting time. I do not think I would have been able to that without the support of my employer at the time Bradford & Bingley, and my group leader Sir Simon Milton, the late leader of Westminster City Council. I was very well supported but, sadly, not all women are. That is why this legislation is needed.

    My hon. Friend is right to highlight that women in leadership roles—and men, but women in particular—must support women in the generations below. We have been fortunate to get to a certain place in our careers, and it is our duty as feminists and human beings to support women—and men—coming through their careers.

    Tulip Siddiq

    I applaud the hon. Lady for having been a councillor and leader while having children, because if I had had children while I was a councillor, I could not have done it, given the hours we were doing. On the fact that her employers were good at letting her take time off or working around her pregnancy, is the problem not that we rely so much on good will? It should not be based on good will; there needs to be legislative change to achieve equal opportunity for everyone. Does the hon. Lady want to comment on that?

    Nickie Aiken

    To be perfectly honest, it is really sad that we have to legislate. We have to because we must ensure that women have those rights, but I would prefer it if we did not have to. As part of my private Member’s Bill, I am trying to achieve a voluntary workplace pledge to ensure that employers support their employees who are going through fertility treatment. I wish that I did not need to do that, but I have to.

    Returning to this brilliant piece of legislation, we have heard some excellent interventions and speeches from colleagues across the House. I am pleased that the Bill provides guarantees to women and their partners—there is an important clause in the Bill about partners during pregnancy. The Bill does not just cut off support at the birth of a child; vitally, women and their partners are supported during maternity leave, shared family leave and adoption leave.

    I am a mother of two; my children are much older, in their late teens. I assure my hon. Friend the Member for West Bromwich West (Shaun Bailey) that we parents never stop being parents; we never stop worrying or trying to do the best we can. I am sure that one day he will have the honour of being a parent. I have gone through pregnancy and the stress of being pregnant. I had a miscarriage before I successfully had my first child and I know the stress of that second pregnancy, worrying whether it will be successful.

    As I said, I worked for Bradford & Bingley and was very supported. That was an example of good practice. Before I was on maternity leave with my first child I was a public relations manager; when I came back, they promoted me to head of PR and gave me support. I worked three days a week, but I felt I could not do my job effectively in three days, and the other two days I was trying to balance being a mum of a young baby and work. It was my decision to go to my line manager and say that I wanted to work four days, so that I could do my job properly and be a full-time mum on the other days. It supported me in that, and crucially Bradford & Bingley realised how dedicated I was to my job and, even though I was working four days, it chose to pay me for full-time work. That is an example of an exemplary employer. Sadly, it was a victim of the banking crisis and I lost my job. But that was 15 years ago and an example of how employers can support women through pregnancy, and support mothers—or fathers—of young children.

    Shaun Bailey

    My hon. Friend is being incredibly generous in giving way, and it is always great to hear about personal experience. She represents the City of London as part of her constituency and we talked earlier in the debate about encouraging the brightest and the best, and those who have the right skillset. Does she agree that the Bill would ensure that the brightest and best—such as my hon. Friend, if I may say so—are able to stay in their roles in our financial centres and contribute to vital parts of our economy?

    Nickie Aiken

    My hon. Friend makes another good point. The City of London can be a beacon of exemplary employer-employee relations, and I hope and expect that the Bill will ensure that small, medium and large businesses show respect to working women who become pregnant and are raising a family and ensure that they have the support they deserve.

    It is important to remember that going back to work after maternity leave can be a daunting step for many women. I was fortunate that I had the support of my employer, but many do not. That is why I welcome the extension of workplace support for women to six months after their maternity leave. A recent study found that it takes an average of six months to adjust back to the workplace fully, for multiple reasons. It may also be that women are coming back to work after a second or third child, and trying to balance a large family with work can be very difficult.

    Going back to work can mean adjusting to new staff members who have been employed while someone has been on maternity leave, and they have to start establishing new working relationships. New practices or policies may have been introduced in the workplace. It is important that someone coming back to work after six, nine, 12 months or even longer is supported in understanding new policies or working with new employees.

    Going back to work is difficult: I did it myself a couple of times. Particularly with a first child, it is difficult to understand how to balance parenthood with a job. Most working mums will know that we feel guilty when we are at work and when we are at home. We need to find a balance, and it is crucial to support women at that stage in their lives.

    To go back to my point about adoption, if someone has tried to have a child for many years but failed to do so and then chosen to adopt, it is a very difficult time in their life. Having time at home without the threat of being made redundant is crucial, and that also applies to gay couples in the same position.

    Too often, companies wishing to cut back will choose a woman who is pregnant or on maternity leave as an easy target, but I think it is agreed across the House that that is categorically wrong. No woman should ever be disadvantaged because she is having a child or has had a child. In 2018, the Government commissioned a report on women and work after childbirth, which found that women and men experienced a large divergence in their careers following the birth of a baby.

    Fewer than 30% of women are in full-time work or self-employed three years after childbirth, compared to 90% of fathers. That is a clear example of how giving birth can affect a woman’s career chances. In the 21st century, it is a shocking statistic. I firmly believe that we must encourage women to feel empowered when they have a child, not anxious, not fearing that their job prospects are now weakened or that they may be at the top of the list to be made redundant.

    There is no doubt that employers sometimes handle pregnancy and maternity poorly. I was appalled to read the finding of the Equality and Human Rights Commission that one in five pregnant women experience harassment at work owing to their pregnancy or flexible working requests. The commission also found that more than 50,000 women a year felt forced out of their jobs by poor treatment. We should note that this is also an issue of retention. My right hon. Friend the Member for Chipping Barnet (Theresa Villiers) referred to the need to retain women for productivity purposes. That is crucial: we cannot afford, in this country, to lose female talent on account of poor protection. It is also important to note at this time that the birth rate is falling, and we need women to have babies for the sake of our economy—not today, not tomorrow, but in 10, 20, 30 and 40 years’ time. The Bill is not just about the immediate; it is about our country’s future.

    Among women with careers, we have seen the subsequent loss in earning and career progression that is termed the motherhood penalty. What kind of country do we want to be if we put a price on someone’s career because of motherhood and call it a penalty? It is not a country that I want to live in, and it is not a country in which I want my daughter—who is now 18—to grow up and start her career. It means that employers are losing female talent at a time when we need to retain talent, both male and female.

    Further data reinforces the concern about gender inequality, with an emphasis on the penalty that maternity represents for women’s salary and careers. It is crucial that we provide viable solutions to rectify that, and the Bill is certainly one solution. My hon. Friend the Member for West Bromwich West (Shaun Bailey) mentioned the gender pay gap. The fact is that women can feel, and indeed are, penalised for having children, and it can affect their ongoing ability to increase their pay, move up the career ladder and enjoy the benefits that that brings.

    Births are falling in this country. In the last 10 years we have seen a drop in the birth rate in England and Wales of nearly 16%.

    Shaun Bailey

    My hon. Friend has just mentioned the birth rate and the wider picture. I know that, since her days on the council, she has been passionate about building a strong sense of community in Westminster, but people in this area generally have careers and are not growing families. Many of them cannot have children, given the demographic. That will surely have an impact on communities, and the sense of community, in areas such as my hon. Friend’s in Westminster.

    Nickie Aiken

    My hon. Friend has made another excellent point. This is about ensuring that we encourage families to grow, and encourage women and gay couples either to have children or to adopt them, because it is families who create a community. As my hon. Friend says, in central London having families of all types—whether they are single households, older people or growing families—is crucial to community cohesion. Whether a woman is living in central London, the midlands, the north, Scotland or Wales—whatever part of the country she lives in—she must feel protected in having a child, so I absolutely agree with my hon. Friend.

    The Government have said that family life and the economy will suffer unless workplace practices are brought into the 21st century. We need to take that and staff retention seriously. One of the last things that I did as the leader of Westminster City Council, before I came to this place, was to change our parental leave policy. I introduced a policy whereby there was full pay for 12 months for people who were either on maternity or paternity leave and shared parental leave. That sent the message to staff that they were so important to keeping the council going and that they were part of its success. In the year following that announcement, there was a huge increase in people having children in Westminster City Council, and that is a very good thing.

    We simply cannot afford to let women be sidelined or penalised because they are pregnant and want to start a family. I believe that there is no greater or more important job in this world than raising a child, but the economic and emotional burden on parents can be equally as tremendous. We need to support our workforce, our women in the workforce and our families. For those reasons, I wholeheartedly welcome the Bill and commend it to the House.

  • Jane Hunt – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    Jane Hunt – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    The speech made by Jane Hunt, the Conservative MP for Loughborough, in the House of Commons on 21 October 2022.

    Gosh—follow that! That was extremely moving from my hon. Friend the Member for West Bromwich West (Shaun Bailey). I am grateful to him for his articulation of his experience, which was superb.

    I very much thank the hon. and gallant Member for Barnsley Central (Dan Jarvis) for introducing this important Bill, which will ensure better protections for women and families with new babies. It was a pleasure to work with him, albeit briefly, to help drive this Bill forward in my former role as the Parliamentary Under-Secretary of State, and I would like to emphasise my continued full support for it.

    The hon. Member talked about being proud of this Bill, and I feel sure he is quite right to be so. I certainly feel proud to have been involved. The current Minister has done a huge amount of work to support it, as indeed did the previous Minister, my hon. Friend the Member for Sutton and Cheam (Paul Scully). He did a great deal of work on this, and also on many other Bills, which I will refer to a bit later. What we are looking at in the Bill is part of a matrix of workers’ rights, and it is right, good and proper that we are doing so.

    It is shocking that, in 2022, new parents—mothers in particular—are still being forced out of their jobs through either dismissal or compulsory redundancy when others in the workplace do not face that, or are being treated so poorly that they feel they have no choice but to leave. A 2020 survey by Pregnant Then Screwed found that 11.2% of women on maternity leave had been made redundant, or expected to be made redundant, and 60.7% of them believed that their maternity leave was a factor in the decision. A more recent 2021 survey found that 20% of mothers have experienced discrimination from an employer.

    I turn to the background to the Bill. Research published in 2016 commissioned by the Department for Business, Innovation and Skills and the Equality and Human Rights Commission found that about one in nine mothers—11%—reported that they were either dismissed, made redundant or treated poorly and therefore had to leave their job. The publication of that research was followed by a Women and Equalities Committee inquiry and report on pregnancy and maternity discrimination in August 2016. One of its key findings was that mothers returning from maternity leave still faced discrimination. It therefore recommended that the Government should take steps to provide

    “additional protection from redundancy for new and expectant mothers”.

    It recommended that enhanced protections should apply throughout pregnancy and for six months after a woman’s return to work.

    The Government published their response to the report in 2017. They acknowledged the scale of pregnancy and maternity discrimination experienced by new and expectant mothers and committed to

    “consider further and bring forward proposals to ensure that the protections in place for those who are pregnant or returning from maternity leave are sufficient.”

    The Committee said:

    “We are persuaded that additional protection from redundancy for new and expectant mothers is required. The Government should implement a system similar to that used in Germany—

    that was referred to earlier—

    “under which such women can be made redundant only in specified circumstances. This protection should apply throughout pregnancy and maternity leave and for six months afterwards. The Government should implement this change within the next two years.”

    In January 2019, the Government published a consultation seeking views on extending current redundancy protections for pregnant women and new parents. It recommended that the Government extend the current redundancy protection afforded to women during maternity leave under the Maternity and Paternity Leave etc. Regulations 1999 to cover a woman’s pregnancy and a period of up to six months after returning to work. The consultation also acknowledged that those returning from forms of leave comparable to maternity leave may have been away from work for long periods and therefore might similarly face discrimination or be prone to less favourable treatment.

    The Government response, published in July 2019, made two commitments: to extend the redundancy protection period to include pregnancy and six months after a new mother has returned to work; and to provide the same enhanced protections to those returning from adoption leave and, crucially, shared parental leave.

    It is unacceptable that anyone should be penalised for deciding to have a family. I welcome the fact that the Government have acknowledged the scale of pregnancy and maternity discrimination experienced by new and expectant mothers. Given the scale of the problem, it is clear that current legislation does not go far enough to protect new parents. We have talked about that in earlier speeches and interventions. The Bill caters for pregnant women working in all types of employment. There are women throughout the whole of the workplace, and all such people will benefit from the Bill.

    I am particularly grateful that the Bill covers those on adoption leave and shared parental leave. The Bill dovetails wonderfully with the Neonatal Care (Leave and Pay) Bill introduced in July by the Scottish National party hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), working closely with the Government and BEIS, as well as with the Fertility Treatment (Employment Rights) Bill from my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), which has yet to have its Second Reading, and the shared parental leave Bill that we have discussed. There is a matrix being formed of support and business guidance to ensure that businesses are helped to do the right thing to support their employees, women and parents. There should be no barrier to any parent having the opportunity to get to know their child and bond with them at the earliest opportunity.

    I welcome the fact that in 2019 the Government consulted on the proposals to extend redundancy protections for pregnant women and new parents. The majority of responses showed support for measures to extend the redundancy protection period once a new mother had returned to work, and to extend protections to adoption and shared parental leave. That consultation was undertaken in January 2019 and BEIS reported

    “that 6 months would be an adequate period of ‘return to work’ for redundancy protection purposes”,

    and

    “that protection should be extended to parents who have taken adoption leave and shared parental leave”,

    which I think is crucial.

    The Government responded to the consultation on 22 July 2019, including a series of commitments to increasing redundancy protections in this area, first to

    “ensure the redundancy protection period applies from the point the employee informs the employer that she is pregnant, whether orally or in writing;”

    secondly, to

    “extend the redundancy protection period for six months once a new mother has returned to work. We expect that this period will start immediately once maternity leave is finished;”

    thirdly, to

    “extend redundancy protection into a period of return to work for those taking adoption leave following the same approach as the extended protection being provided for those returning from maternity leave—it will be for six months;”,

    and fourthly, to

    “extend redundancy protection into a period of return to work for those taking shared parental leave, taking account of the following key principles and issues: the key objective of this policy is to help protect pregnant women and new mothers from discrimination; the practical and legal differences between shared parental leave and maternity leave mean that it will require a different approach; the period of extended protection should be proportionate to the amount of leave and the threat of discrimination; a mother should be no worse off if she curtails her maternity leave and then takes a period of Shared Parental Leave; the solution should not create any disincentives to take Shared Parental Leave”.

    The Bill before us would enact those crucial changes and clearly has the backing of many. I recognise the cross-party agreement we have seen across the House; in my opinion, we are at our best when we have that. The Bill is a welcome extension of the framework of workers’ rights in general and crucially allows family leave to be included in legislation. The German model is a good one, but I believe we must reach a compromise between the needs of businesses and the needs of families and pregnant mothers.

    Shaun Bailey

    Looking at other models and the broader matrix my hon. Friend talks about, does she also believe that the legislative framework we are trying to bring in needs to be an evolving one? The likelihood is that we will need secondary legislation or even further primary legislation, but as part of that we must ensure that the framework continues to evolve and adapt as the workplace landscape changes.

    Jane Hunt

    I could not agree more with my hon. Friend. This Bill provides a framework that the Secretary of State can adapt to meet future needs for both pregnant women and those on adoption or shared parental leave. It sets up a matrix that can be filled as required.

    In conclusion, I welcome this Bill. I truly believe it is something we should do and are able to do. I feel that the Minister will do a wonderful job in bringing this all together and I wholeheartedly thank the hon. Member for Barnsley Central for bringing the Bill forward.

  • Shaun Bailey – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    Shaun Bailey – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    The speech made by Shaun Bailey, the Conservative MP for West Bromwich West, in the House of Commons on 21 October 2022.

    It is a pleasure to follow the powerful speech by the hon. Member for Hampstead and Kilburn (Tulip Siddiq), who gave examples of lived experiences. The experience she highlighted of her children’s godmother is horrendous. These experiences are brushed under the carpet, and that is disgraceful. I hope that, through the Bill, we will ensure that that does not happen again, because it cannot. I commend the hon. and gallant Member for Barnsley Central (Dan Jarvis) for bringing in the Bill. It should not be necessary to do so, but clearly it is. We have to do this, and it is the right thing to do. What has struck me today is the way in which we have come together as a House to support the Bill and its aims.

    The background to this area astonishes me, and we have heard about it in contributions from Members across the House. In 2022, it should not be an impediment to someone to want to have a family, so that they cannot at the same time pursue a career—that is crazy. The hon. and gallant Member for Barnsley Central touched on the report of the Equality and Human Rights Commission, and some of the figures in that were horrendous. When scaled up, the figures show that something like 54,000 women could experience discrimination as a result of either being pregnant or having had children. That astounds me.

    Jane Hunt

    I absolutely agree with what my hon. Friend is saying. We see headlines these days about the lack of labour in the market and needing people to fill jobs, yet 54,000 people are either being made redundant or feeling the need to leave their jobs. That is a disgrace, is it not?

    Shaun Bailey

    My hon. Friend is absolutely right: it is a disgrace. I think about my own experiences. Before I entered this place, I was a lawyer; that is what I trained to do. I was fortunate to work in some great firms and meet some fantastic, intelligent people. I know that people sometimes typecast lawyers as all sorts and do not trust us, but the people I worked with were fantastic, intelligent, hard-working and inspirational. However, let us look at the figures in the sector, and I am thinking in particular about the gender pay gap and how the issues we are debating contribute to that.

    A London School of Economics study found that even though today 62% of new entrants into law firms are women, by the time we get to partner level only 28% of women are partners. That is absolutely crazy, given the proportion of women at entry level. What we are seeing is that women want to go and have a family and a personal life, which we are all entitled to, but they are being impeded. That might not all be down to the discrimination we have been talking about, but what I hope the Bill achieves is a cultural change. That is what we have to drive forward. It amazes me that we actually have to say this today, but a woman can have a career and a family at the same time, and an employer that enables that to happen.

    Thinking of my own office, 80% of my staff are women. I have no problem if they need to take time out because they have to go and look after their family or collect their kids. To me, that is just basic decency as an employer. Surely it is a two-way street as an employer: what we do is get the talent and ability of the people we employ, and in turn we give something back.

    Jane Hunt

    Does my hon. Friend agree that this Bill is very helpful because it also includes shared parental leave? Those partners, both male and female, who are impacted by shared parental leave will also be able to take advantage of the redundancy scheme.

    Shaun Bailey

    My hon. Friend articulates it so well. She is absolutely right; shared parental leave is now such a key part of the broader landscape of family and employment rights—I do not want to just say maternity rights. We now know that the idea that mum goes off for a year and looks after the baby while dad works is ridiculous—it is rubbish. Both parents need to be playing an active role. We say that both parents need to be playing an active role in the life of their child, but if we have an employment structure that does not allow us to do that, then it is all good words but absolutely no action. My hon. Friend is right to draw out with her intervention the point about shared parental leave. What I am encouraged by is the recognition that shared parental leave needs to become the norm. From what I have seen at the moment, we are seeing that transition; we are seeing that more organisations are getting that. But there is still more to do.

    The other point I will touch on is the societal impact. I talk about this from my personal experience. What we do not want to do is frame this in the context of mum, dad and 2.4 children, because actually families do not operate like that; there are many shades of grey. If someone is a single mother, or a single woman who is pregnant, and runs the risk of redundancy as a result of that, where does that leave them?

    Lee Anderson

    Does my hon. Friend agree with me that the threat of redundancy, or actual redundancy, for a pregnant woman can have a serious impact on her health and the health of the baby?

    Shaun Bailey

    My hon. Friend is absolutely right, and the academic studies have shown that. We have the data showing the mental health impact on women who are having to worry about the risk of redundancy in their job. Of course it is not right—I am framing this in the context of a mother who is giving care to a child—that they should have to worry about their employment and everything that interconnects with that, and at the same time have to raise a child.

    I have not had children, but for those who have—I am probably going to get interventions from hon. Friends across the House now—that initial period of time, and I will not say how long it is because I am sure it might vary, is probably one of the most stressful points in a mother’s life. They are getting to grips with realising that there is no handbook, and that everything they were told was going to go this way or that way actually does not—children do not work like that and there is no button to push. They are balancing that—a new person they have brought into the world and have to care for—and at the same time having to worry about how they are going to put food on the table, and go back into a career that they love, are passionate about and have maybe trained for years to do but now are at risk of losing because their organisation has potentially decided, “No, goodbye, see you later.” It seriously blows my mind that we even have to be here having this conversation.

    Jane Hunt

    Does my hon. Friend agree that the six-month window at the end of this part of the Bill is also very important? I hate to use this phrase, but it is almost an “out of sight, out of mind” situation. When a woman is on maternity leave or a person is on shared parental leave, they are no longer in the workplace. They need that window of opportunity to get back into the workplace and into the swing of things, so they can show their value to the business.

    Shaun Bailey

    My hon. Friend raises a good point, and I was hoping to touch on the transitional period later. We know how important it is to have the opportunity to transition back into the workplace and get back into the flow of things. Going through a life-changing event such as having a child changes the whole dynamic in someone’s life. I think that window is a really important opportunity for them. I hope I have not misunderstood my hon. Friend, but I agree that having that period of time means the individual is able to contribute in the way they know they can.

    It all comes back to realising people’s potential. That is another part of this issue. It is not about saying to someone, “Okay, you’ve had a child; you’re done.” It is not like that at all. I have been very fortunate in the organisations I have worked in, out in what we call the real world—certainly more real at times than this place has been, particularly over the last week. I have seen organisations that get this issue, already have processes in place and are developing a culture that understands that it is not just about, for instance, the amount someone bills every month, but the contribution they make as a person.

    As my hon. Friend the Member for Loughborough (Jane Hunt) just described, the provision for that period of time is a crucial part of this legislation. We are on Second Reading today, but the Bill represents part of a broader landscape, and what my hon. Friend is saying on its provisions is vital. It comes back to a point that right hon. and hon. Members across the House have raised—including the hon. and gallant Member for Barnsley Central, my hon. Friend the Member for Loughborough, and a few hon. Members from a sedentary position—which is that we are currently losing skillsets from the workforce as a result of this issue. How daunting must it be for someone who has taken an extended period of time to go and have a child to come back and worry about not having the protections they should be afforded?

    Lee Anderson

    My hon. Friend is making some brilliant points. When employers sack pregnant women or women on maternity leave, as well as losing these skilled workers are they not also losing other women who might want to come into the workplace but have been put off by the treatment of their friends?

    Shaun Bailey

    My hon. Friend is absolutely right. Why would someone want to join such an organisation, having seen how it operates and what its practices are? Talented individuals who know they have something to bring to the table, and know their worth, particularly in the climate we are in, are going to vote with their feet, are they not? And they should. They will be empowered to know that they can now go to organisations that will treat them as individuals who deserve respect. These organisations will understand that people are allowed to have a family life and balance. People should be able to have an employer who contributes toward that balance and is part of a partnership with them.

    As I understand it, the whole point of the employer-employee relationship is that it is a contract and partnership—an understanding between two people in an organisation. The balance of power has at times gone completely off.

    Jane Hunt

    My hon. Friend is being generous with his time; I promise that this is my last intervention. Just to balance it out, he is absolutely right in what he just said, but this Bill is absolutely brilliant in bringing up one segment of the business sector. Many businesses already meet these and further requirements, but we need everybody to do the same, because that 54,000 figure should not exist.

    Shaun Bailey

    My hon. Friend is absolutely right. To reiterate her point, I certainly do not want to give the impression that I am typecasting every business in that regard. As I have said, many businesses are getting this right and are going above and beyond—but that should not be above and beyond; it should be the standard.

    I return to the idea that not every family is black and white, with 2.4 children and a mum and dad—I apologise to hon. Members for segueing away from that point. I speak as someone who was brought up in a single-parent family with a sole breadwinner who at times was working three jobs in order to put food on the table, and doing a part-time university degree. My mum went back to work six weeks after she had me, because she needed to, and it was similar with my sister. If someone is a sole parent on their own income and is pregnant with another child, or if there has been a family breakdown, the last thing they need is to have that threat of, “If I have a child, or if there’s anything connected to that child, I’m going to lose my job.” It does not bear thinking about—it blows my mind.

    The societal impact of what we are talking about goes much further than the scope of the Bill’s provisions, and that is why it is so important. When we pass legislation in this House, particularly legislation such as this, it is not just about the Bill or the laws that we implement; it is about the message we send about society. We have seen that throughout history, particularly with legislation that has passed as a result of private Members’ Bills, such as women’s rights legislation. Lord Steel was a big advocate of women’s rights and the work of those organisations when he was on the Liberal Benches. We are sending a broader message that we need a society that understands that balancing work and family life is key.

    Bob Stewart

    My hon. Friend may not have had children yet; I have had six. One point that has not been talked about today is that when a woman is pregnant, it is often traumatic and frightening for her. It is often not an easy time. Some people may find it joyous—it is joyous, of course—but it is difficult for some women. If we put that on top of the fact that they might lose their jobs, it is just another pressure. I make that point because it is valid.

    Shaun Bailey

    I thank my right hon. and gallant Friend for that powerful intervention, to which I cannot add any more. He is right that it can be a traumatic experience. The Bill also seeks to address when someone has a miscarriage or loses a baby, which is a horrific time in the lives of both parents. It is important to consider how we support someone who has gone through that, particularly a woman, who feels that loss acutely and painfully. Unless someone has gone through that experience, I do not think that they can truly understand the pain that is felt as a result.

    Again, talking about what this Bill does, its broader messages and what it seeks to achieve in supporting people at the most vulnerable points in their lives is absolutely key. Surely it is incumbent on all of us in this House to support people when they most need it and at the times in their lives when they are most vulnerable, particularly during pregnancy. That is the point in their life when a person is most exposed to both physical and mental challenges, as well as in other ways.

    I am conscious that I should conclude my comments, but I really want to say that I am so proud to be able to support this Bill. I really do commend the hon. and gallant Member for Barnsley Central for the work he has done on it. What this Bill seeks to do, as was articulated so brilliantly by my hon. Friend the Member for Loughborough, is to set what is currently seen as the exceptional standard as the norm, and that is right because it is what we should be doing.

    The Bill will ensure that we do not lose brilliant people from our workforce. We should enable everyone who has the passion and drive and who wants to contribute to do so. We should back up the mantra we have been churning out from this House for decades about how we want to encourage the family base and encourage people to have families. Families are the core of society, and we should follow that up with tangible action. This place is very good at talking, but we need to follow through with tangible legislation. We must have the tangible means by which we can follow up on our good sentiments, and that is one thing this Bill does.

    The Bill also ensures that in situations a bit like my mum’s and other people’s, when single mums are trying to get on with life and secure a life for their kids, whether or not they have been born, they can do so without worrying about how they are going to do it. They, too, can contribute, because this is surely about lifting people up, is it not? If they fear that they are going to lose their job or that they cannot progress up the ladder because they have had a child, that just should not be happening.

    Finally, the Bill will ensure that, at what for many is the most exciting time of their lives, but also a time when they are at their most vulnerable and most exposed, people get the support that we should rightly be giving them. I fully endorse the aims of the Bill, and if the hon. Member for Barnsley Central is looking for someone to serve on his Bill Committee, I would be honoured to do so, because this is absolutely one of the reasons why I came into this place. [Interruption.] I can see he is already putting my name down—brilliant—so I expect the email in due course.

    I just think back to the reason why I came into the place. I always say, whenever I am asked, that it is for people like my mum. With this Bill today, I think of her and what she went through as a single mum bringing me up and enabling me to get here. I will always owe her for that, because I would not be here had she not made the sacrifices that she had to make to get me—a lad from a council house who was told he probably would not amount to anything—to be a Member of Parliament. If we can ensure we get a few more young people like me from such backgrounds into this place by agreeing to the provisions of this Bill today, as far as I am concerned that is exactly why we are all here.

  • Dan Jarvis – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    Dan Jarvis – 2022 Speech on the Protection from Redundancy (Pregnancy and Family Leave) Bill

    The speech made by Dan Jarvis, the Labour MP for Barnsley Central, in the House of Commons on 21 October 2022.

    I beg to move, That the Bill be now read a Second time.

    I begin by acknowledging that the House was originally due consider the Bill on Friday 9 September. I was looking over my speech the day before when I learned, with the greatest sadness, that Her late Majesty Queen Elizabeth II had passed away. I am grateful that we can proceed with Second Reading today.

    I welcome the new Minister to his post. I also thank the previous Ministers—the hon. Member for Loughborough (Jane Hunt), who is in her place, and the hon. Member for Sutton and Cheam (Paul Scully)—for their support for the Bill at an early stage. They were both incredibly helpful and supportive and I am grateful to them.

    I pay tribute to the officials at the Department for Business, Energy and Industrial Strategy for their excellent work in supporting the Bill. I also say a big “thank you” to the Clerks of the House, who have done excellent work, as they always do, to ensure that we can proceed with Second Reading today. I put on record my sincere gratitude to the Equality and Human Rights Commission, the TUC, the Royal College of Midwives, my union Unison, Maternity Action, Pregnant Then Screwed, The Fawcett Society and the Chartered Institute of Personnel and Development, all of which have offered invaluable support to the process over the last few months.

    There is no more important or gratifying experience than raising a family. Children provide hope for the future and bring joy to our lives, although I can say as a parent, as I am sure other hon. Members will, that on occasion that has been tested to the full in my household—but that is teenagers. Despite its importance, however, raising a family has never been more challenging. The scarcity of affordable housing, sky-high childcare costs and now soaring inflation make the decision to start or grow a family simply unaffordable for many. This Bill seeks to alleviate some of that hardship by increasing security in the workplace for pregnant women and new parents by extending redundancy protections. I am proud to be bringing forward the Bill in the House today.

    The current safeguards afforded under the Equality Act 2010 and the Maternity and Parental Leave etc. Regulations 1999—the MAPLE regulations—are not being applied correctly, and are sometimes not being observed at all. As it stands under the law, a woman on maternity leave is entitled to be offered a suitable alternative vacancy if her role is at risk, but a lack of clarity coupled with poor compliance means that new mums are often first rather than last to be shown the door. The sheer scale of the problem makes the case for reform irrefutable.

    Each year, there are somewhere in the region of half a million pregnant women in the workplace. A Human Rights Commission survey, commissioned by the Department for Business, Energy and Industrial Strategy and published in 2016, found that a majority—three in four—experience pregnancy and maternity discrimination, while some 54,000 women a year lose their job just for getting pregnant. A few months on from that survey, the Women and Equalities Committee, then chaired by the right hon. Member for Basingstoke (Dame Maria Miller), advocated for a comprehensive ban on redundancies. In response to her inquiry’s report, the Government stated that the situation was “clearly unacceptable”.

    Two years on, the Government launched a consultation, and in reply they pledged to extend existing protections to pregnancy and a period of six months following a return to work. The 2019 Queen’s Speech was set to deliver these commitments through an employment Bill, but that was not brought forward, and then the pandemic hit. As with everything, covid exposed and amplified every pre-existing inequality and prejudice, and expectant and new parents in the workplace were not an exception.

    Analysis by the Institute for Fiscal Studies found that mothers were more likely than fathers to have lost their job or to have quit during lockdown. The Office for National Statistics reported that parents were twice as likely to have been furloughed compared with workers without children. A TUC survey revealed a significant number of pregnant women and new mums had experienced unfair treatment or discrimination at work—findings backed up by two damning reports published by the Petitions Committee.

    Behind those numbers are scores of soon-to-be mums and new parents fighting to keep their jobs, struggling to support a young family and now doing so against the backdrop of a cost of living crisis. This debate is therefore not over the level of injustice—we know what that is—but about how we can correct it.

    Let me explain to the House what the Bill will do. Clause 1 provides a new power to enable provision to be made by regulations about protection from redundancy during and after pregnancy. Clause 2 amends existing powers to make regulations to enable protection from redundancy on return to work from maternity, adoption or shared parental leave.

    Jane Hunt (Loughborough) (Con)

    The hon. Member is making an excellent speech on his excellent Bill. Yes, this is about pregnant women, but it is also about family leave, which is superb news. Could he elaborate a little more on that, please?

    Dan Jarvis

    I am very grateful to the hon. Member for her question. As I said earlier, she was incredibly helpful at the early stages of the Bill, and she is absolutely right to make that point. The benefit of the Bill will be felt across hundreds of thousands of households and families right across the country. Although the focus of my remarks to date has been on the impact it will have on women who are pregnant and new mums, the reality is that the benefits of the Bill extend right across the family unit. We know the official numbers are that 54,000 women lose their jobs every single year just because they are pregnant. As we can all imagine, that has a devastating impact on them, but also of course on the wider family unit. The hon. Member raises a very important question, and I completely agree with what she said.

    I know there are some right hon. and hon. Members here today, and certainly a number of people and campaigners watching the debate, who would like—and this policy was previously advocated by the right hon. Member for Basingstoke—an outright ban on redundancies, as we have seen implemented in Germany. Not everybody will necessarily be familiar with the German model, so let me briefly explain it.

    There are five pillars of the Maternity Protection Act that underwrite the ban in Germany. First, protection from redundancy begins the moment the employer knows that the employee is pregnant. Secondly, if an employer makes a pregnant worker redundant not knowing they are pregnant but then this information is disclosed, they must be reinstated and the protections apply. Thirdly, the local health authority must review each request from an employer to make a pregnant worker or a new mother redundant. This usually takes about three weeks in practice, and while this review takes place the pregnant woman will remain in employment. Fourthly, an employer cannot dismiss a pregnant worker or a new mother without permission from the health authority. Lastly, protections for mothers on maternity and parental leave extend to four months after it has been taken. That also extends to women who, very sadly, have experienced a miscarriage.

    Although it may not be wholly translatable to the British system, there is little doubt over confusion and compliance under those rules. The Government have decided that, for the moment, they do not want to apply similar regulations here.

    Theresa Villiers (Chipping Barnet) (Con)

    I want to express enthusiastic support for the Bill. It will plug an important gap in protection. Looking back at the proposals from my right hon. Friend the Member for Basingstoke (Dame Maria Miller), we want to avoid a situation where, if there was a complete ban on all redundancies under any circumstances, that could mean that employers were having to retain employees when there was no longer work for them to do. The Bill is a reasonable compromise, as it is perhaps more difficult to take forward the previous proposals of my right hon. Friend.

    Dan Jarvis

    I am grateful to the right hon. Lady. She makes a helpful contribution. As she and other right hon. and hon. Members will understand, including the right hon. Member for Basingstoke, there are different views about this matter. In the end we have arrived at a reasonable and sensible compromise. The debate on that particular issue will continue, and if the Bill is successful there will be a further opportunity to debate such matters in Committee.

    Bob Stewart (Beckenham) (Con)

    I thank the hon. and gallant Gentleman for giving way. I have never heard of the German proposals before, and I really like them. I think they are flipping good, if I can say that, and it makes sense that we go some of the way down that road.

    Dan Jarvis

    I am grateful to the right hon. and gallant Gentleman for his intervention. I had not expected us to get into a debate today about what is going on in Germany, but he raises a valuable point. It is always important to look at how things work in different countries. The German model has been looked at closely, and a number of campaign organisations are strongly supportive of it. I have had those conversations with Ministers and a range of organisations, and there is merit in the German model, which, for the record, is my preference. I understand, however, the concerns that have been raised, and I think the Bill has currently got to the right place. I am grateful for the right hon. Gentleman’s support today.

    We are now six years on from the shocking findings by the Equality and Human Rights Commission about the industrial scale discrimination that expectant and new mums face at work. This is a timely opportunity to make progress. I confess that I was taken aback by the level of discrimination faced by pregnant women in the workplace. Perhaps I had made an assumption that such practices had been consigned to history, but that is not the case, and as I said, 54,000 women are directly affected as a consequence, with the wider impact that will have on their families.

    Lee Anderson (Ashfield) (Con)

    This is an excellent debate, and I thank the hon. Gentleman for introducing the Bill. He suggested that more than 50,000 women in this country lose their jobs as a result of being pregnant, which has a terrific impact on family and social welfare. Are employers also missing a trick? They are losing their most valuable resource—those women—who can provide fantastic work in the workplace.

    Dan Jarvis

    The hon. Member makes an excellent point. He is absolutely right that some employers are missing a trick here. As I said, I did not expect to get into a debate about Germany, but he makes an interesting point. There are so many amazing examples of extraordinary women who can excel at what they do—of course there are—so it seems incredibly strange that employers would want to discriminate against women in such a way.

    I am sure the hon. Member will agree that that says something about the nature of our society. All of us recognise the importance of children and families—they are the bedrock and foundation of our society—so it cannot be right that women are treated in such a way and on this scale. That must be consigned to the past. We must move forward, and the Bill provides a really good opportunity to do that. I would be the first to admit that the Bill is not a panacea, but it is a good step in the right direction and I am grateful for the support offered for it.

    Having made some remarks about the example that I referenced and the enforcement mechanism used in Germany, I am sure the Minister agrees that there is merit in us continuing to work closely together through the Bill’s passage to look at how, on a cross-party basis, we can seek to address some of the current safeguards’ shortcomings, namely around the confusion and compliance that I referred to.

    On the former, now is the time to end the inconsistency of when and how regulation 10 of the MAPLE regulations is applied. For instance, when a firm is reducing its number of roles, many employers see their obligations to women on maternity leave as a two-stage process, initially by forcing them to compete for their job against colleagues and only then seeking to find them suitable alternative vacancies if they are unsuccessful in retaining their role. That is deeply unfair. Women on maternity leave are at a massive disadvantage, as they might have been out of the workplace for months—obviously, they have been focused on caring for their newborn child. It is also highly irrational. If a new mum has been selected for redundancy, there is little or no chance of their being offered a suitable alternative vacancy, because they will have been filled. As it stands, many workers do not know their rights under the existing regulations, businesses apply them in different ways, and even case law is conflicting.

    Wendy Chamberlain (North East Fife) (LD)

    I have been reflecting on what the hon. Member has been saying about his very good Bill, which may fill some of the gaps that we have been talking about. I also heard what he said about the evolution of society, and hopefully that—as well as his Bill—will go some way towards helping. My employer before I was elected introduced parental leave allowing both parents to take six months of paid leave. I accept that not every employer can do that, but when we get to the place where, regardless of a person’s gender and their parenting role, they are entitled to rights, employers may stop looking at women as the first place to go when making people redundant. It would no longer be an easy choice for them.

    Dan Jarvis

    The hon. Lady raises a really helpful point, following the one made by the hon. Member for Ashfield (Lee Anderson). The nature of the Bill, and what we seek to achieve through its passage, speaks to the decency that I think we all want to see in our society. In the Bill, we have something in front of the House that is good for pregnant mums, good for new mums and good for families. It is also good for business, as it is in businesses’ own interest to be responsible employers and to make the most of their employees.

    I very much hope that the Bill will get support from across the House. I sense that it will, and I am encouraged by that. I have spent a lot of time thinking about what the critique of the Bill would be and whether any right hon. or hon. Members would have issues or problems with it. I have tried as much as I possibly can to get around as many hon. Members as possible and have those conversations, but nobody has been able to say that they think there is anything wrong with the Bill. The only debate is around the extent of its ambition and whether the protections could be greater and longer. That is potentially a point of debate, but I hope that we now have the basis of a Bill that all decent right hon. and hon. Members will be able to support—fingers crossed.

    Theresa Villiers

    An important potential positive consequence of the hon. Gentleman’s Bill and further protection for women in the workplace is helping us to tackle our productivity problem in this country. If we can monopolise the vast resource of women in the workplace, including pregnant women and new mums, it will make us a more competitive nation, help us to plug skills gaps and make us more productive, which ultimately will raise living standards.

    Dan Jarvis

    The right hon. Lady’s point is spot on and she has made it very eloquently. I can see there is consensus. She is right that for a very long time we have grappled with the productivity challenge, and we are still grappling with it. This is part of how we can seek to address the complicated and difficult productivity challenge that we all know we face as a country. I am grateful to her for that useful intervention.

    It would be helpful at this point to inject some real-life experiences into the debate so that the House can better understand what this Bill, if successful, might mean for women in the workplace. I am in receipt of a number of real-life cases of women who have suffered injustice simply because they were pregnant. There are many, and I must say some of them are genuinely shocking.

    Emily got in touch with me a few weeks ago. She was made redundant from her job more than halfway through her pregnancy and just days before she would have qualified for statutory maternity pay. She is now attempting to appeal the decision on the grounds of pregnancy discrimination and is feeling targeted not only for being pregnant, but for working part time. Her company told Emily it would be making several people redundant, but instead it laid only her off. It did not follow a fair process and she was not offered any alternative employment. Stories such as Emily’s form part of the wider issues surrounding the inconsistent implementation of regulation 10.

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

    I welcome this Bill. Does the hon. Gentleman agree that it is so important because many women are putting off having babies until later in life? When I had my first child at 35, the average age in the Chelsea and Westminster hospital was 39. That means women are further on in their careers, and a Bill of this type will support women who are further into their careers as well as those who may be at the beginning.

    Dan Jarvis

    That is an excellent point that has attracted support from right across the Chamber. The hon. Lady is absolutely right. We must make sure that women are making decisions about their professional careers without having to weigh up all sorts of factors of unfairness. There must be a level playing field and we must make sure that women are not disadvantaged in the workplace, so I completely agree with her and very much hope this Bill will go some way to achieving that ambition.

    I was referring to Emily, whose story highlights the need for consistency and the devastating consequences of what can happen when regulation 10 is not applied correctly. Confusion should never be an excuse for discrimination in the workplace. I have been working closely with the TUC and Unison on the Bill, along with the Chartered Institute of Personnel and Development, which has been incredibly helpful. It has offered to inform all its 160,000 members of the changes that the Bill will introduce, if it is successful. Will the Minister say how, if the Bill is successful, he plans to communicate the changes to workers and how he will clarify to employers their what their legal obligations will be?

    On compliance, some firms simply do not offer an alternative role by falsely claiming that one does not exist. Others engineer situations to force new mums out the door. When a business flouts the rules, the onus is on the woman—who, remember, is on maternity leave—to take the matter to an employment tribunal. That highly stressful and costly decision must be made within three months. However, the 2016 findings showed that less than 1% of women lodged a complaint with an employment tribunal.

    When we look into that worryingly low statistic, it is painfully obvious why the figure is so small. The scale of the challenge that such women face is almost insurmountable. Sarah, for example, was made redundant by e-mail six months into her pregnancy. Not wanting to be saddled with a gruelling legal battle during the final months of her pregnancy, she decided against taking legal action at that point. After her baby was born, she sought legal advice, only to be told that she no longer had a case because she had not raised her unfair dismissal within the three-month window. She told me that she never realised how vulnerable pregnant women are until it happened to her.

    There is also Natasha: after telling her employer that she was pregnant during the pandemic, she was made redundant while other members of her team stayed on. Shortly after, Natasha suffered the heartbreak of a miscarriage. She lost her baby and she lost her job. I know that many across the House have experienced the pain and trauma of a miscarriage and know only too well its profound and devastating impact.

    Lee Anderson

    Those are shocking stories; I cannot believe that is happening in this day and age. Does the hon. Member think that some women are perhaps living in fear when they fall pregnant, and that some ladies’ fear of losing their job may lead to them doing the unthinkable, which is to have an abortion?

    Dan Jarvis

    I think all of us can completely agree that that is not the kind of society in which we want to live. We should value people who do the right thing and step forward to enter the workplace. Collectively, we all have a responsibility to put in place legislation that will provide protections to ensure that people are not treated in that way.

    To go back to the hon. Member’s previous point, there is a big responsibility on business. In my experience, the overwhelming majority of the business community are sensible, decent employers. They want to do the right thing. As he said, it is in their interest to do the right thing, value their staff and invest in their workforce—not least a cohort of the workforce that, in every respect, are effective and efficient, to go back to the point about productivity. We have an opportunity to take a step forward today. As I said, this is not a panacea. There is a debate about whether we should go further and be more ambitious, but this is a good step in the right direction and I very much hope that we take it.

    Bob Stewart

    I thank the hon. Gentleman—my friend—for giving way. It seems to me that in the Bill Committee, we could put in a clause that makes it incumbent on employers to give a sheet of paper to women who are packing up their job because they are pregnant stating what their rights are. That might already be in the Bill—I do not know—but it seems to make sense and that would make it clear to women leaving their jobs exactly what their rights are.

    Dan Jarvis

    That is an excellent suggestion. The right hon. Member mentioned the Bill Committee. If the Bill is successful in its passage today, we will look for Members to sit on the Committee. I have a form here that I can perhaps give to him—I would be incredibly grateful.

    He will remember the expression, “Never volunteer for anything,” even better than I do, but in good faith he may have just volunteered to serve on the Bill Committee. Fingers crossed and touch wood, if we get to that point I will be knocking on his door with the form.

    I was making the point about employment tribunals and about Natasha. When she finally felt able to take her employer to a tribunal, she was told—[Interruption.] That is the office of the right hon. Member for Beckenham (Bob Stewart) calling to make sure they have the date of the Bill Committee in his diary—[Laughter.] Natasha was told that it was too late and that she should have applied within the three-month window. Extending the time limit to bring forward a claim to six months was supported by every single stakeholder I engaged with. That is an important point.

    Nickie Aiken

    The hon. Gentleman is making an excellent point. What has shocked me in the work I have been doing on my own private Member’s Bill on employment rights for those undertaking fertility treatment is that it is not just small and medium businesses that can have questionable policies on pregnant women or women who are trying to get pregnant, but even the larger ones, including some of the biggest businesses in the country and even major banks. I have been appalled by some of the stories that I have heard from women who have had to take their employer to a tribunal. Does he agree that, through his Bill and my Bill—which will come to the Chamber soon—it is important to give women confidence that their job is secure when they are pregnant or trying to get pregnant?

    Dan Jarvis

    I agree with the hon. Lady’s excellent point, to the extent that I wonder whether she might also be available to sit on the Bill Committee. If we are successful today, I may be knocking on her door. There is an absolute responsibility on business to look at their practices and ensure that they are doing the right thing. My overwhelming experience of the business community is that that is what they want to do, but it is clearly not happening everywhere. For all businesses and companies, particularly the larger ones that she referenced, I hope that their minds will be focused on the issue as part of this process.

    Legislation and direction from national Government is an important element, but some of it is cultural. It is about leadership in the business community and senior management looking at their own organisations and satisfying themselves that they are doing the right thing. As parliamentarians, we interact regularly with the business community, and I hope that we will have the conversations with senior business leaders in the weeks and months to come. I hope that those conversations will be well received by business. I am grateful for her intervention and hope to see her in Committee.

    I was just making the point about the support that I have encountered for expanding the time limit. It is widely supported by stakeholders and that reform has also been advocated by the Equality and Human Rights Commission, the Women and Equalities Committee, the Petitions Committee and the Law Commission. The Government have acknowledged the problem and I have had good conversations about it, but so far they have not made a commitment. I hope that will be a further point of debate, because advising women to make an out-of-time application will not cut it.

    I asked the Ministry of Justice how many exceptions had been granted, and in a written answer it said that it did not have that information—I suspect it is very few. Indeed, I have had anecdotal accounts of law firms refusing to represent women if their claim has not been lodged within the current limit, as judges often do not use their discretion. Improving access to justice is an important part of this issue.

    Bad employers must know that there will be consequences to their discriminatory treatment. I would be grateful if the Minister would look at when the Government are planning to implement the Law Commission’s April 2020 recommendations and extend the time limit for all employment tribunal claims to six months.

    I said earlier that there is no more important job than raising a family. It seems only fair that no one should be penalised for doing so by losing their job. I also said that three in four pregnant women in the workplace experience pregnancy and maternity discrimination, and that 54,000 women a year lose their job just for getting pregnant. We have had a good debate about this. By any metric, ensuring that women are treated decently and fairly should be a foundation of a civilised society, rather than just an aspiration. If we are serious about tackling discrimination in the workplace, providing parity and equality and ensuring that employers fulfil their obligation, we need laws to support that ambition that are fit for the 21st century and the modern workplace. The Bill will not fix everything, but if it is passed, it will be an important step towards providing working families with more security and dignity in the workplace, which they both need and deserve.

    Let me say, once again, how grateful I am to all those who have offered support and to all right hon. and hon. Members present. I very much hope that the Bill will have support from the Government and all parties, and I commend it to the House.

  • Gregory Campbell – 2022 Statement on Threats to Jimmy Nesbitt

    Gregory Campbell – 2022 Statement on Threats to Jimmy Nesbitt

    The statement made by Gregory Campbell, the DUP MP for East Londonderry, on 20 October 2022.

    Jimmy Nesbitt is a local lad who has invested in his own community. Those painting threatening graffiti such as this should stop. Their actions are wrong and to be condemned.

    I fundamentally disagree with Mr Nesbitt’s position on Northern Ireland’s future but he has every right to express his political views in whatever forum he wishes. He should be able to do so free from fear. That’s a democracy and it’s why I have opposed Sinn Fein all my life as they believed you could justify violence at the same time as doing politics.

    We must be consistent in always opposing violence as well as any threat of violence and attempted intimidation.

  • Anne-Marie Trevelyan – 2022 Statement on the Transport Strikes Bill

    Anne-Marie Trevelyan – 2022 Statement on the Transport Strikes Bill

    The statement made by Anne-Marie Trevelyan, the Secretary of State for Transport, in the House of Commons on 20 October 2022.

    The Government are today introducing the Transport Strikes (Minimum Service Levels) Bill. This meets the Prime Minister’s commitment to introduce this Bill within her first 30 days of Parliament sitting and delivers on a commitment in the 2019 Conservative party manifesto.

    The Bill paves the way for the introduction of minimum levels of service on transport services, like those already seen in other countries, including France and Spain. The Bill will ensure that specified transport services—which could include, for example, rail, tubes and buses—will not completely shut down when unions impose strikes. This Bill will balance the right to strike with ensuring commuters can get to their place of work and people can continue to make vital journeys to access education and healthcare during strikes.

    The Bill sets out the legal framework for establishing minimum service levels. It will allow relevant employers and trade unions to negotiate and reach agreement between themselves on minimum service levels referred to as minimum service agreements (MSAs), provide for circumstances in which the MSA can be changed and include enforcement arrangements to ensure parties follow due process in their negotiations.

    The Bill also provides for an independent determination process should employers and unions fail to reach agreement on an appropriate minimum service level after three months, whereby if an agreement has not been reached the Central Arbitration Committee will determine the minimum service level.

    The Bill also includes a power for the Secretary of State to set interim minimum service levels by regulations which will apply where neither an MSA has been agreed nor an independent determination reached. These regulations will also be consulted upon and will need to be agreed by both Houses of Parliament before they are made. Under the Bill there will also have to be a minimum three-month gap between these regulations being made and their coming into force.

    The specific details of how minimum service levels would apply to transport services will be set out in secondary legislation following appropriate consultation. A minimum service level would only be applied to an individual transport service once that secondary legislation has been agreed by Parliament.

    The provisions of the Bill extend and apply to England, Wales and Scotland. The Bill’s provisions relate to the reserved matter of employment rights and duties and industrial relations, and the subject matter of the Trade Union and Labour Relations (Consolidation) Act 1992, and do not engage the legislative consent process.

  • Chris Heaton-Harris – 2022 Statement on Progress in Northern Ireland

    Chris Heaton-Harris – 2022 Statement on Progress in Northern Ireland

    The statement made by Chris Heaton-Harris, the Secretary of State for Northern Ireland, in the House of Commons on 20 October 2022.

    During the passage of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act in the House of Lords, the Government committed to laying a written ministerial statement every six months setting out which of our commitments in New Decade, New Approach (NDNA) we have delivered on to date. The first of these statements was published on 23 March 2022. This is the second statement.

    The NDNA agreement facilitated the restoration of the devolved institutions in January 2020 after three years of hiatus. The Government remain deeply disappointed at the continued lack of a fully functioning Executive following the resignation of the First Minister in February and the Assembly election in May, and urges the parties to come together and form a Government in the interests of the people of Northern Ireland.

    The Government have taken action to support the people of Northern Ireland, for instance through the energy price guarantee and the £400 energy bill support scheme payment which will help consumers with their energy costs, as well as the energy bill relief scheme for businesses, the public sector and charity organisations.

    However, the people of Northern Ireland deserve a stable and accountable Government that can act directly on their behalf through the challenging times ahead. The Government’s priority is to facilitate the restoration of the Executive as soon as possible, but if an Executive is not formed by 28 October, Ministers in Northern Ireland will lose office and I will come under a legal duty to call fresh elections to the Northern Ireland Assembly. In law, this must take place within 12 weeks. This action will not be taken lightly, but time is running out for the parties to come together, form an Executive and avoid this outcome.

    In the meantime, the Government will continue to implement its commitments and deliver for people in Northern Ireland. To that end, since January 2020 the Government have:

    published four reports on the use of the Petition of Concern mechanism, with the most recent report published on 20 January 2022;

    passed the Northern Ireland (Ministers, Elections and Petitions of Concern) Act to implement the institutional reforms agreed in NDNA;

    passed the Internal Market Act 2020;

    held a meeting of the Board of Trade in Northern Ireland;

    ensured that Northern Ireland can access the trade deals the UK is striking across the world;

    invited representatives of the Northern Ireland Executive to all meetings of the UK-EU Joint and Specialised Committees;

    changed the rules governing how the people of Northern Ireland bring their family members to the UK, enabling them to apply for immigration status on broadly the same terms as family members of Irish citizens;

    appointed Danny Kinahan as the first Northern Ireland veterans commissioner in September 2020;

    passed the Armed Forces Act, which further enshrines the armed forces covenant in law;

    conducted a thorough review of the aftercare service, the purpose of which was to consider whether the remit of the service should be widened to cover all HM Forces veterans living in Northern Ireland with service-related injuries and conditions;

    marked Northern Ireland’s centenary in 2021 with a £3 million programme of cultural and historical events, including the delivery of the shared history fund and schools planting project;

    brought forward regulations that continue to ensure designated Union flag flying days remain in line with those observed in the rest of the UK;

    recognised Ulster Scots as a national minority under the Council of Europe Framework Convention for the Protection of National Minorities;

    announced £2 million in funding for NI Screen’s Irish language and Ulster Scots broadcast funds, which support a range of film, television and radio programming;

    established a new hub—Erskine House—in the heart of Belfast, increasing the visibility and accessibility of UK Government Departments in Northern Ireland;

    reviewed the findings of the renewable heat incentive inquiry report to consider its implications for the use of public money in Northern Ireland; and

    continued to foster closer ties and better collaborative working across sectors such as tourism, sport and culture, including through the potential joint UK and Ireland bid to host the 2028 European championships.

    The Government have provided a total financial package of £2 billion for New Decade, New Approach. This financial package includes a £1 billion Barnett-based investment guarantee for infrastructure investment and £1 billion in funding across key priorities as set out in the deal. Of the £1 billion in funding, over £750 million has been allocated towards such outcomes as:

    bringing an end to the nurses’ pay dispute in January 2020;

    putting the Northern Ireland Executive’s finances on a sustainable footing by securing additional funding for the Executive in the 2020-21 financial year;

    the creation of a new Northern Ireland graduate entry medical school in Londonderry;

    supporting the transformation of public services;

    supporting low carbon transport in Northern Ireland, enabling the Department for Infrastructure to commit to ordering 100 low-carbon buses to be deployed in Belfast and Londonderry; and

    addressing Northern Ireland’s unique circumstances through projects and programmes that tackle paramilitarism, promote greater integration in education, support economic prosperity, and support the Irish language and Ulster-Scots.

    In addition, in the absence of Executive progress on the matter, the Government have continued to progress the New Decade, New Approach commitments relating to identity and language through the Identity and Language (NI) Bill. This will encourage and promote respect and tolerance for all of Northern Ireland’s diverse identities, cultures and traditions. The Identity and Language Bill, as amended, provides for:

    the creation of a series of national and cultural identity principles, and an office of identity and cultural expression to oversee them;

    the creation of an Irish language commissioner;

    the creation of a commissioner for the Ulster Scots and the Ulster British tradition;

    a duty on the Northern Ireland Department of Education to encourage and facilitate the use and understanding of Ulster Scots;

    the repeal of the Administration of Justice (Ireland) Act 1737; and

    the establishment of a Castlereagh Foundation.

    All provisions in the Bill will be a matter for the Northern Ireland Executive to administer, support and fund.