argyrotsipi/train-dataset huggingface dataset:
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Richard Harrington (Conservative, Centre-right): My hon. Friend makes a good point, as is typical. He asked me whether I can be clear, and I can be clear that that is the case The definition of a bereaved parent will be the same in respect of both leave and pay for the Bill. We must not forget that this involves the two minimum rights, as I call them, of the leave that can be taken and the pay that goes with it. Those are the minimum rights, and I think many companies now fully exceed that. We have been clear all along that we want to introduce a system that prescribes clearly, based on the facts, who is eligible, for the benefit of employees and employers In some areas of employment law, legislation has been the right course of action. Legislation has set the principle, which employment tribunals interpret for particular cases, fleshing out how it should be applied. In this case, however, we do not want claims to reach an employment tribunal to establish whether an individual counts as a bereaved parent for these purposes, and it would not be right to expect people dealing with that tragic loss to muster the energy and time to follow that course of action. That issue came up on Second Reading and in Committee, and each time it became clear that the question who should count as a bereaved parent, which on the surface seems very simple, is not easy to answer The consultation seeks to get that right, so that when the regulations are published—this is not a case of regulations being published so that Ministers and not Parliament take control—they are correct. The regulations must be simple, but they must also be comprehensive and include all circumstances. That is a difficult balance to get right, but we are doing our best. I agree with the spirit of the amendment, but it is not appropriate to accept any measure that will effectively pre-empt the outcome of that consultation. We must allow the process to run its course.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Richard Harrington (Conservative, Centre-right): I fully accept the hon. Gentleman’s point, and we cannot allow this to go on and on. I think that it was Mrs Thatcher who said she was going to "go on and on", but this is not one of those cases—well, it was not in her case either, as the hon. Gentleman will know. In all seriousness, I cannot give a direct answer, not because I do not want to, but because we must see how much information there is and process it. If I say "weeks", perhaps he will hold me to that. I know that "weeks" could mean 5,000 weeks, but that is not what I intend. I hope that will give him a rough idea, but we cannot just hold the consultation one day, have a knee-jerk response and finish it, as I hope that he understands. There is no intention to stall. I have seen the spirit of the House today, and I hope that no one will think that this is a governmental stalling mechanism—far from it Amendments 3, 5, 20 and 23 consider the window within which leave and pay can be taken, and amendment 22 concerns the flexibility with which leave is taken. Given that this measure will join a fleet of others related to family-related leave and pay, we must maintain consistency. That is the genesis of the eight-week window and the ability to extend that through secondary legislation. We cannot have a situation in which the enabling framework is inconsistent with frameworks for other family leave provisions, thereby adding complexity and potential confusion Today, we have heard the view that the current eight-week window might not be enough. I have heard that message. That is one key element explicitly considered in the current consultation, and it is legitimate to ask people other than politicians for their views on this issue. The decision that leave could be taken at a later stage, while retaining a minimum timeframe of eight weeks in the Bill, is not unreasonable. We cannot accept any of the proposed amendments without waiting for the outcome of the consultation and then making a decision in view of the responses. Hon. Members and their constituents must engage in the consultation process, because we need the evidence base on which the Government can take responsible decisions. We need as broad a base of representative evidence as possible.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Michael James Tomlinson-Mynors (Conservative, Centre-right): The Minister is absolutely right: this is a statutory minimum. So many employers do so much better and I am sure that we all hope that they will continue to do so, but there has been this figure of a fivefold increase. It seems odd to be talking about money and financial costs in these circumstances. Can he explain, perhaps in more detail, the evidence that we have heard about a fivefold increase? Is it right that widening the scope and extending the age limit of 18 would increase it fivefold? If that is right, can he explain how?
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Richard Harrington (Conservative, Centre-right): Yes, I thank my hon. Friend very much for that suggestion. I would be very happy to do that and to correspond directly with my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson). We have to focus on the fact that this is a floor, as I think I have made clear. This is really about changing the culture around bereavement in general. It is my heartfelt belief that this Bill is not the be-all and end-all but that it will be a powerful driver of that culture change.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Richard Harrington (Conservative, Centre-right): Yes. As ever, the good citizens of Havant are very well served. I make the point clearly that I meet business representative organisations, such as the Confederation of British Industry, the EEF, the Federation of Small Businesses and chambers of commerce, on a weekly basis. They are very responsible and I shall be bringing it up with them. This is a culture change, but culture changes do not happen instantaneously On remuneration, I really believe that the Bill again provides the minimum standard for employers. Hon. Members on both sides of the House have spoken about the level, but this is a minimum level, and bereaved parents have to know what the minimum is and what the entitlement is. However, it is not something that they should be negotiating with their employers. I am sure again that employers will be clear, and most will have a policy that is greatly in excess of that While I am on the subject, I turn to a point made by my hon. Friend the Member for Torbay. When we were discussing the amendment that deals with remuneration, I was asked about the civil service and whether the Government will provide leadership. I am pleased to announce today that we have decided that civil servants should receive full occupational pay for the one or two weeks that they take off under the Bill’s provisions. [Hon. Members: "Hear, hear!"] Many civil servants already take special leave when they find themselves in tragic circumstances, and we obviously want that level of support to continue when the Bill is implemented. I do not think that that makes the civil service particularly special. It should be standard, but I think we should lead by example. I have seen—not to do with child bereavement, but with sickness and other things—that the civil service is very flexible, and we as Government are very responsible employers in that way.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
William James Quince (Conservative, Centre-right): I thank the Minister for that very welcome announcement. It sends a very clear message to employers up and down the country that this is the gold standard and very much what we expect them to aspire to.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Richard Harrington (Conservative, Centre-right): My hon. Friend is right: we must lead by example. Offering full pay to our own employees who lose a child means that we are a good employer, but it also provides a best-practice model for other employers to follow In relation to amendment 7, my hon. Friend raised an important point about consistency with other family-related leave entitlements. The Bill as drafted makes clear which contractual elements are applicable to parental bereavement leave or pay Let me now turn to amendment 8. I will begin with words that you have heard already, Madam Deputy Speaker: I agree with the comments made by many Members. It has been made clear that there is no desire to deviate from frameworks supporting existing measures in the landscape of family-related leave and pay, but that must not be at the expense of fairness and proportionality. Someone may be on family-related leave for many different reasons, and the forms of leave involved are a variety of lengths. They can be taken back to back. Sometimes it is natural for that to be the case, but sometimes it is not If the amendment were accepted, it might be possible for a bereaved parent who had been on leave for an extended period—perhaps consisting partly of maternity leave and partly of parental bereavement leave—to be entitled to return to the job that they had before going on leave, whereas a colleague who had been on other forms of family-related leave for the same period of time would not have quite the same right to return. We would not want a fixed "right to return" that was out of kilter with the other, existing "rights to return" The Government need the flexibility to set all this out through regulation after they have had time to consider all the various forms of leave and how they could interact with each other. I know that that sounds pedantic. Earlier this week, the hon. Member for Barrow and Furness (John Woodcock) accused me of being a nit-picker—there should probably be a Royal Society of Nit-pickers—but in this instance we have to nit-pick, because the detail is critically important. We should set out the rules only after we have considered the issue. That is, after all, the approach taken in the existing legislation on family-related leave and pay rights. My hon. Friend the Member for Croydon South (Chris Philp) suggested the extension of leave to parents of premature babies. As I have said, all family leave provisions represent a floor. Employers are encouraged to go beyond the minimum when they can. Last year the Government worked with ACAS to produce new guidance on support for staff who have premature babies. The UK offers generous maternity-leave entitlements —some of the best in the world—and I think that they provide for a variety of circumstances. Parents also have access to other types of leave, such as shared parental and annual leave.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Chris Ian Brian Mynott Philp (Conservative, Centre-right): I appreciate the Minister’s response to my earlier comments. I would point out, however, that the parents of very premature babies have additional caring responsibilities—particularly when the babies are in a neonatal intensive care unit—over and above the ordinary parental requirements involving a normal newborn baby. I therefore ask the Government to consider, at some future time, an additional leave right, over and above the normal one, for parents in those circumstances, when it is necessary for them to be present with the baby as much as possible.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Richard Harrington (Conservative, Centre-right): I know that my hon. Friend has personal experience in that regard, as his twins were born prematurely. I was born quite prematurely myself. Some of us look as though we were not born prematurely. My hon. Friend has made a serious point, however, and I will definitely consider it Amendments 9 to 11 and 15 to 17 deal with notice requirements. In this context, we have to stop and think about what the word "reasonable" means. It looks sensible in drafting and in amendments, because people think, "Well, what’s reasonable is reasonable", but it is very subjective. It is a word that remains open to interpretation and genuinely means different things to different people. If I was challenged on the grounds of reasonableness—for example, on the length of this speech—what would the outcome be? It is a serious point with a number of scenarios and thought processes, with the usual outcome that something can be considered reasonable or unreasonable for any number of reasons when viewed from multiple perspectives The amendment might inadvertently make it difficult for those who seek to rely on the provision to know exactly what it means for them. We cannot create a situation in which the issue of reasonableness ends up being a sticking point between employer and employee. Then we would have questions of whether it should go to an employment tribunal or how would it be arbitrated, when that would be the last thing that anyone wanted on top of dealing with the terrible tragedy of a child’s death. It would be the worst of all outcomes and I am sure that no Member would want to see it I understand the aim of the amendment, however, and I sympathise with its spirit. But given that we are dealing with such a delicate issue, in which clarity is key, we should keep the text of the schedule as it is.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Law and Crime
Kevin John Foster (Conservative, Centre-right): I take on board some of the points that the Minister is making, but does he accept that "reasonable" is a word that has been in the law for a long time in various circumstances? For example, Lord Denning famously talked, in the language of his time, of the man on the top of the Clapham omnibus. One of the reasons we picked the word is because it has been decided on in the courts many times.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Richard Harrington (Conservative, Centre-right): I thank my hon. Friend for that point and in my brief time not as a lawyer but doing a law degree I remember the Lord Denning case, which was about being subjective about reasonableness. It was fine for Lord Denning, as the Master of the Rolls, to opine on the issue, but we have to consider a system that will not, we hope, go to an employment tribunal or a court—that is the last thing that anybody would want. Although "reasonableness" seems a fine test on the surface, this is such a delicate issue that we need to keep the text of the schedule as it is, with due respect to Lord Denning and my hon. Friend, although I agree with him about the "reasonable" test generally in English law and other systems As for the eligibility for pay, I look at this from my business background. Keeping the qualifying period for the pay element aligned with family leave provisions avoids questions arising at this sensitive time about who is entitled to take both parental bereavement leave and pay, because employers are already familiar with how it works. If employers are able to follow the legislation easily it will, in turn, enable them to act in a way that reduces the stress and uncertainty of the bereaved employee. ACAS has opined a lot on this subject and my officials have worked with it to establish how the Government can best support employers when an employee suffers child bereavement. Much of it will have to do with guidance and support to reflect the new provisions after Royal Assent and once the regulations have been made In supporting the Bill, the Government want to ensure that employees and employers are both involved in managing child bereavement, in the context of existing family leave and pay legislation. So I think it better that we leave the Bill as it stands in this respect—consistent with existing family-related pay entitlements when it comes to eligibility for statutory pay On amendment 18 and the liability of HMRC, the point has been covered a lot in the proceedings on the Bill, and I believe we need to ensure that protections are in place in the event an employer does not fulfil his legal obligation To allow time for Third Reading, I would just say that this is as good a time as any to reiterate the Government’s full support for the Bill, and my appearance as the third Minister to represent the Government is not a signal of wavering commitment. It is a signal that we are trying to get it right and treating the subject with the importance it deserves. I hope that after today’s important stages the Bill will make a swift transition for consideration in the other place, so it can proceed and receive Royal Assent at the earliest convenience.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Kevin Paul Hollinrake (Conservative, Centre-right): I thank the Minister for his very clear representation of the Bill and his responses to the amendments, which I will not cover in great detail because he did an excellent job of that. I also thank the small business Minister, my hon. Friend the Member for Burton (Andrew Griffiths), for all his work in taking this Bill forward. He cannot be here today, but I know he very much wanted to be present to see the Bill, hopefully, through its final stages. I also thank all Members who have contributed today and throughout the passage of the Bill. We have heard excellent speeches that have helped to shape the Bill. I thank in particular those Members who have been willing to share their personal experiences; there is nothing better to make sure that the Bill is fit for purpose as it goes through this House and the other place than hearing from Members from both sides of the House who have suffered such experiences. I have been lucky in my life, as I have four very healthy children. We have had a few mishaps along the way, but nothing along the lines of a stillbirth or the loss of a child. It amazes me—I find it inspirational—that Members are able to talk about their experiences in this Chamber I have had experiences from another relevant perspective—as an employer. Prior to entering this House I was an employer for 25 years, and I am still associated with the business. A number of people who worked for us have suffered these terrible tragedies, and I cannot think it ever entered our minds that we would not give people the leave that they needed for as long as they needed it, and to pay them without any deduction from their normal pay. That is the approach we have always taken, and I absolutely believe that it is the approach that the vast majority of employers in this country take, too. It is important to recognise that all the proposals and amendments are, understandably, trying to deal with the minority—the one in 10 who do not do the right thing—but those contributions are nevertheless incredibly important I want to thank a number of people individually. The first of them must be my hon. Friend the Member for Colchester (Will Quince). I am definitely the baton-carrier —if that is the right expression—for this Bill, as he brought forward a very similar Bill in the last Parliament but could not get it through in time. We absolutely would not have this Bill without him. Thousands of parents every year suffer these tragedies, so this is a hugely important proposal I also thank my hon. Friend the Member for Eddisbury (Antoinette Sandbach) for all her contributions, and my hon. Friend the Member for Banbury (Victoria Prentis), who cannot be here today but I know would have wanted to be.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Kevin Paul Hollinrake (Conservative, Centre-right): I was pleased that my hon. Friend explained what otiose means. He is absolutely right that the Bill has been shaped as it has passed through the House. The consultation is a key part of that, and it is fair to expect that some of the Bill’s provisions will be different from those that we see today. Finally, I politely ask Members not to press their amendments to a Division and to allow the Bill to pass through the House and on to the statute book as quickly as possible so that we help more parents who suffer these terrible tragedies in their hour of greatest need.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Government Operations
Kevin John Foster (Conservative, Centre-right): It has been fascinating to listen to the past few hours of debate, and I am pleased by the discussion of the amendments tabled by my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson) and I. I was reassured to hear the Minister’s comments about the consultation, particularly that this is about setting a minimum, not a ceiling, and about practice in the civil service. I hope that the matters we have discussed today will be automatically included in the consultation, as my hon. Friend just said, without us having to write another letter stating, "As I said in the House of Commons on Friday 11 May, these are my views." I look forward to the matter coming back for debate after the consultation has concluded, when I am sure there will be opportunities for discussion on the Floor of the House. Having listened to the Bill’s sponsor and the Minister, I beg to ask to leave to withdraw the amendment Amendment, by leave, withdrawn. Third Reading Queen’s consent signified.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Scott Leslie Mann (Conservative, Centre-right): It is not often that we get to our feet in this place to ask the question: why was this not done before? It is abundantly clear to me that we are doing the right thing today. It is a pleasure to follow the shadow Minister, and I congratulate my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on introducing this important Bill and getting it to this stage. I also congratulate my hon. Friend the Member for Colchester (Will Quince), who originally introduced this Bill in the last Parliament. He has been a big voice in this place for bereaved parents Losing a child is the most traumatic thing that can happen to a parent, and it is right that we introduce safeguards for bereaved parents going through such a painful and unimaginable experience. Parental bereavement has been brought into sharp focus since the start of the 2015 Parliament, notably by my hon. Friends the Members for Colchester and for Eddisbury (Antoinette Sandbach), who have both shared their experiences in a number of debates. I remember when my hon. Friend the Member for Colchester led an Adjournment debate on maternity units and bereavement care in November 2015. The accounts that he and my hon. Friend the Member for Eddisbury gave then significantly raised the profile of parental bereavement Since then, my hon. Friends and many others have taken part in debates and continued to campaign in support of bereaved parents. I have no doubt that that campaign led to the Conservative manifesto commitment to ensure that all families who lose a child are entitled to bereavement leave and pay. There has clearly been a lack of support for bereaved parents. I have no doubt that the campaigning on the issue by Members from all parties—including, notably, my hon. Friend the Member for Thirsk and Malton—has led to the introduction of this Bill Currently, if someone loses a child, they have to rely on holiday leave, or compassionate leave, at their employer’s discretion. Alternatively, they could take unpaid leave for a reasonable amount of time, as permitted under the Employment Rights Act 1996. This situation is clearly inappropriate. A bereaved parent should not have to use holiday pay or take unpaid leave at such a traumatic time in their life.