argyrotsipi/train-dataset huggingface dataset:
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Chris Ian Brian Mynott Philp (Conservative, Centre-right): It is a great pleasure to follow the hon. Member for Chippenham (Michelle Donelan) and to speak in such an important and moving debate. I start by congratulating my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) on piloting this private Member’s Bill through the Commons—I hope it will conclude today—with such skill and deftness, which we have come to expect from him I also pay tribute to members of the Bill Committee, who clearly improved the Bill with such diligence and thoroughness. I gather from comments that have been made today that the hon. Member for North Ayrshire and Arran (Patricia Gibson) served on it, along with my hon. Friends the Members for Eddisbury (Antoinette Sandbach), for Torbay (Kevin Foster), and for Colchester (Will Quince). I apologise if I have missed any Committee members out—[Interruption.] How could I possibly forget my hon. Friend the Member for Charnwood (Edward Argar), who is certainly nothing if not unforgettable. I thank and congratulate those hon. Members for their work, and my hon. Friend the Member for Torbay has clearly given this matter extremely careful and diligent thought in tabling so many detailed amendments Before speaking to some of those amendments, I observe that the measures are extremely welcome. They strengthen protections and rights. One occasionally hears people claim, particularly as we think about leaving the European Union, that there may be some sort of race to the bottom on regulation and that we somehow plan to have less stringent employment rights in this country than in the rest of Europe. This Bill proves conclusively that that is not the case, and that this Parliament is willing and eager to legislate to strengthen employment rights and the rights that our citizens enjoy in ways that go far beyond anything contemplated by European Union legislation. This Bill is evidence that we are doing more, not less, when it comes to employment rights and other rights I turn to the first group of amendments—amendments 1, 2, 12 and 14—tabled by my hon. Friend. Amendment 1 would extend the definition of parents in this context beyond simply biological parents to include people who are acting as the deceased child’s principal guardian. Amendment 2 would include grandparents when they act as the child’s principal guardian. Those amendments are absolutely right in spirit. I am interested to hear whether the Minister thinks that these things need to be in the Bill—these amendments would do that—or whether they can be dealt with in regulations. Whichever approach is adopted, the spirit and thrust of my hon. Friend’s amendments are absolutely right. It is clear that whoever is caring for the child—the biological parent, a grandparent or a foster parent—they have an equally close connection to the child and would suffer the same level of anguish as a biological parent would. I therefore agree very strongly and wholeheartedly with the amendments that my hon. Friend has wisely tabled.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Kevin John Foster (Conservative, Centre-right): I appreciate the comments that my hon. Friend has just made about the amendments. Does he agree that we must focus on not ending up with a scenario in which a primary care giver—someone who has been a parent in almost all senses of the word—has no access to leave, while, in theory, an estranged biological parent could suddenly have that access? We must reflect the impact on the person who has been doing the parenting.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Chris Ian Brian Mynott Philp (Conservative, Centre-right): My hon. Friend has put it extremely well, far better than I did. It is, of course, right for us to focus on the primary carer, whoever that may be Amendment 21, tabled by my hon. Friends the Members for Torbay and for Mid Dorset and North Poole (Michael Tomlinson), would extend the definition of a child to a son or daughter beyond 18. The hon. Member for North Ayrshire and Arran has tabled similar amendments—24 and 25. I must say that I was undecided on the merits of the amendments, but, having heard what was said by those Members—as well as the hon. Member for Sefton Central (Bill Esterson)—I can see the force of the argument I had initially thought that a line must be drawn somewhere when it comes to these rights, and that if a child of any age is to be included, it might equally be suggested that the same should apply to a deceased sibling, or, indeed, a deceased parent or spouse. The emotional attachments to those other relations are, in many cases, just as strong as the other attachments that we are discussing. Wherever the line is drawn, there will be relations just on the other side of it, with equally strong attachments, to whom the provisions do not apply. The fact that there is a line somewhere does not suggest that there should be no line at all; the question is simply where to draw it. However, I was powerfully moved, in particular, by what my hon. Friend the Member for Mid Dorset and North Poole—who is not currently in the Chamber—said about his brother. I appreciate that there are very powerful arguments on both sides.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Chris Ian Brian Mynott Philp (Conservative, Centre-right): I see that my hon. Friend the Member for Thirsk and Malton is indicating his agreement with my hon. Friend’s point, and that is certainly good enough for me. I do take comfort from the fact that the "reasonableness" provisions would apply for children over 18. However, it is a difficult question, and we have heard some powerful commentary on it from Members on both sides of the House As my hon. Friend the Member for Colchester has just returned to the Chamber, I want to comment on an amendment that he tabled in Committee, which was passed unanimously and which extended the Bill’s provisions to stillborn children born after 24 weeks of gestation. I know that my hon. Friend has had a very tragic personal experience of that. I strongly welcome and support that extension, and I congratulate him on the amendment, but let me observe in passing—to the Minister in particular—that, perhaps not in this Bill but on some future occasion, we might also consider entitlement to parental leave for the parents of very premature children who are lucky enough to survive I am one of those parents. My twins were born after 25 weeks and one day, which is extraordinarily premature. They were very lucky—blessed, in fact—to survive. I remember that night in the intensive care unit, where, as the Minister can imagine, there were so many parents who were extremely distressed, whatever the precise circumstances that their children were in. I ask the Minister to consider providing for extra parental leave in the case of very premature births, although this Bill may not be the right place to do it, and it may be too late to introduce amendments. The experience of parents with children in neonatal care units after 20-something weeks of gestation is very difficult. However, the amendment tabled by my hon. Friend the Member for Colchester at least improves the Bill in that regard Amendment 7, also tabled by my hon. Friend the Member for Torbay—he has clearly been working extremely hard—makes it clear that, while the employee could receive additional pay from the employer above and beyond the statutory minimum, only the statutory minimum would be reimbursed by the taxpayer. My hon. Friend pointed out in interventions on the hon. Member for Sefton Central that the statutory minimum is just that: it is a floor, not a ceiling. Although that is the extent of taxpayer support, I am sure that Members on both sides of the House would strongly encourage employers to reimburse employees at their full rate of employment during periods of compassionate leave, for that or for any other reason. I hope that any employers who are listening to the debate or reading the report of it will take careful note of that exhortation. As one who set up and ran businesses for 15 years before being elected, I know that my businesses would always have taken such action without question.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Kevin John Foster (Conservative, Centre-right): I can confirm that my hon. Friend’s interpretation is correct. I wanted to make clear what the statutory minimum was, but this is, of course, about a floor and not a ceiling. Employers would be welcome to go further: the amendment would not change that.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Chris Ian Brian Mynott Philp (Conservative, Centre-right): I am grateful to my hon. Friend for his additional clarification. We are in complete agreement Speaking of complete agreement, I want to make one more point about the amendments. It relates to amendment 9, also tabled by my hon. Friend the Member for Torbay, assisted on this occasion by my hon. Friend the Member for Mid Dorset and North Poole. The amendment proposes the introduction of a test of reasonableness in relation to notice periods, to which a number of Members have referred Clearly, in circumstances of probably unexpected bereavement, requiring parents to comply with potentially quite prescriptive and very detailed notice periods would not be appropriate. As other Members have said, it would present the risk that a bereaved parent might inadvertently fall foul of one of those notice periods. I think that there is a strong case for a general requirement—either in the Bill, which is the aim of the amendment, or in subsequent regulations—for employers to act reasonably in this context. Such a catch-all would, I think, provide a general level of protection and reassurance for bereaved parents I know that other Members want to speak. Again, I congratulate my hon. Friend the Member for Thirsk and Malton: I am delighted to be here today to support this excellent Bill.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Robert Alexander Courts (Conservative, Centre-right): As so often, my hon. Friend makes the point that I was seeking to make, but more succinctly and eloquently. He is right: it is parenting, not being a biological parent, that I am seeking to stress, and I am sure we all agree on that Amendments 3, 5, 22 and 23 deal with when leave can be taken and for how long. I am humbled to speak in this debate, as I have heard so many moving stories from those who understand only too well the nature of grief. I hesitate to express my thoughts, but I do so with the intention of being as helpful as possible. Grief is not a predictable phenomenon. People cannot know how long they will grieve for or what form their grief will take. Perhaps most strikingly, they have no way of knowing when it will strike. It may be immediate. However, as we have heard, people often find different coping methods. They may decide to carry on. Going back to work and immersing themselves in the hubbub of everyday life makes them feel better for some time, but sooner or later grief hits and they may then need leave from their employer.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Anne-Marie Belinda Trevelyan (Conservative, Centre-right): I commend those who have brought this Bill forward and those who have suffered personal loss. Among the friends of mine who have suffered such a loss, the line has always been, "It’s just wrong to have to bury a child; nature didn’t intend it that way." Therefore, regardless of whether we are 80 years old and burying a child or 30 and burying a young infant, it is the wrong way around and the effects cannot be overestimated, so we must offer support in all cases.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Robert Alexander Courts (Conservative, Centre-right): My hon. Friend rightly draws my attention to amendment 17, and the fact that I have not referred to it directly is perhaps a drawback of dealing with the amendments in groups in the way that I have done. The amendment says: "Employers must accept notice given in writing, face to face, by telephone or through a third party on behalf of the bereaved parent." Therefore, it makes clear that a low level of notification is required. I think that is along the right lines, and I ask the Minister to consider it and respond Similarly, in providing evidence, people should not be required to find and supply to an employer a death certificate or a coroner’s report, because that is the very last thing they would want to deal with at such a time. I appreciate that some people might use legislation to accrue a benefit to which they were not entitled, but my mind boggles somewhat at that happening in such circumstances, and legislation already exists to deal with anyone who takes such an extreme course of action. My overriding concern is to ensure that bereaved parents and carers are looked after and helped. That must be what we are seeking to do here, rather than setting up bureaucratic hurdles for them at a time when they really do not require them I am grateful to the House for listening to me. Suffice it to say that I support the Bill, which, although overdue, is very welcome. I wish it a speedy passage, and I congratulate once again those who have taken the standard forward and taken the Bill through the House. I commend all those who have spoken with such total bravery today. It is not easy for them to stand up in public and explain things that are so personal, but the Bill shows the enormous impact that they can have when they do so. I salute all hon. Members who have done that today and on other occasions.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Nigel Paul Huddleston (Conservative, Centre-right): The hon. Gentleman makes a valid point. We need to factor in other considerations, which is why I said "if" we need to include a cut-off point. One argument in favour of restricting the age in the definition of a child is that the financial burden on the Exchequer may be considerably greater if we extended the definition beyond the age of 18. My hon. Friend the Member for Croydon South asked about siblings, and there is some logic to being careful about how far we extend the provisions. However, the Government will spend over £800 billion this year, and the estimated cost to the Exchequer of this legislation is around £3 million. We must be careful about saying, "That’s a drop in the ocean compared with total Government expenditure," but it is true in this particular case If we do extend the definition to beyond 18, how much more would it cost? Five times more has been mentioned but, again, that means £15 million. Spending £15 million out of some £800 billion of Government expenditure to do something compassionate that is so widely supported is worthy of further consideration, so I ask the Minister to examine that carefully. I understand that the matter is subject to further consultation, so I encourage people to contribute to that debate As I said at the beginning, this is one of those topics that shows the House at its best. I will not delay proceedings further by repeating the comments made by others, but I will encourage those who have tabled amendments not to push them to a vote, as I think they have indicated, if that might jeopardise the overall vote I completely support the Bill. I have never had to go through, and hope never to have to go through, the anguish and pain of losing a child, as far too many of my colleagues and constituents have. It is right that we pass this law today to show that we stand with them, and with anybody who suffers this huge pain in the future, and to show that the Government are on their side.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
James Roger Cartlidge (Conservative, Centre-right): I thank my hon. Friend for clarifying the point. Indeed, I did note that from the consultation document, which referred to that fact that the benefit itself limits the flexibility. We all know how difficult it is to change systems, and we can well imagine the difficulty in the social security system, with employer software and so on, in giving out the benefit on the basis of sporadic days. However, there would still be merit in someone having the ability to take unpaid one-off days. I think most people would rather have that freedom, even if it is not possible for it to be covered by the statutory pay they would receive because of the limitations of HMRC’s and other systems.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Kevin Paul Hollinrake (Conservative, Centre-right): My hon. Friend makes a good point. Underpinning all this are the general principles and our expectation that employers would be understanding, sympathetic and flexible in how they deal with this situation. We are setting out the minimum requirements, but we would expect employers to show that compassion and flexibility when dealing with how people take the leave.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
James Roger Cartlidge (Conservative, Centre-right): I am grateful for that intervention and do agree with it. If we were to have the single block but there was an exceptional reason to grant an additional day—or even that—at a future point, most employers would be prepared to do so. In most cases, employers will act reasonably as long as a reasonable request is made Amendment 8, which was tabled by my hon. Friends the Members for Torbay and for Mid Dorset and North Poole (Michael Tomlinson), is important as it touches on defining the employment status that someone must have to be eligible for these new rights. Proposed new section 80EB (1)(c) of the Employment Rights Act 1996 states: "an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations" That prescription therefore relates to the type of employment, with the word "employee" being crucial. The issues arising from the Taylor review and the changing nature of employment have already been mentioned, and we have to discuss the extent to which these rights would be available to employees in those newly growing, ambiguous areas My hon. Friend the Member for Chippenham (Michelle Donelan) referred to the self-employed, but of course we are not talking about a homogenous group. Before the general election, when I served on the Work and Pensions Committee, we held an inquiry on the gig economy—this growing army of the self-employed. We heard evidence about cases in which people are, to all intents and purposes, employees. On this amendment, my question for the Minister is: in defining jobs and defining people as an "employee", are we able to award these benefits—these rights—to those defined now as "workers"? I refer to those people in between employment and self-employment. Are we able to do that, or do we need to introduce separate regulations to do so That is an important point, so it is handy that I have a copy of the Taylor review. The Bill amends the primary piece of legislation to which it relates—the 1996 Act—and we are dealing with the important distinction between an employee and a worker. I remind the House that the 1996 Act states that an "‘employee’ means an individual who has entered into or works under…a contract of employment." I will not go into the detailed definition in the report, but a worker is someone who has some form of contract.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Labor
Richard Harrington (Conservative, Centre-right): I thank colleagues on both sides of the House for the moving speeches that they have made. As you may know, Madam Deputy Speaker, I usually try to start my addresses to this House with a quip or a humorous comment, but I am afraid that today is not an occasion for that. This is a very serious Bill. I am the third Minister to have had the honour of working on it. That is not because no one can be bothered with it, but because it is very important. Every human being, let alone every Member of Parliament, will have every sympathy with it Colleagues have made it clear that the Government fully support the Bill, and I reaffirm once again that it very much has our backing. Despite the public reading, quite rightly, of the system of opposition—some say that it is opposition for opposition’s sake and some say that people are being partisan—this is a very good occasion when the reality is not that I was in business for most of my adult life before first coming to this place, and I did not really think about this issue. When I first started to consider the Bill, I remembered an occasion when it was brought to my attention that someone had had a bereavement. I just said, not because I am particularly humanitarian or perfect but as anyone would say, "Take as much time as you need." I think that the vast majority of employers do say that. Before there was statutory sick pay, statutory holiday pay and so on, I am sure that a lot of employers, even in the 19th century, just did what they thought was the right thing—for example, the non-conformists building houses in Bournville and elsewhere. Employers always have been, and certainly are in the present day, far more responsible than just relying on the minimum in law. However, it is our place to make laws to provide that basic minimum—not to insult those who do the right thing but to provide a safety net, or catch-all, for the employees of those who do not. Quite clearly, there are those who do not, and they should be ashamed of themselves, frankly Not every employer is like BT or a firm with tens of thousands of employees. My hon. Friend the Member for South Suffolk (James Cartlidge) mentioned that he had a business with only two or three employees. That makes things much more difficult and employers have to be much more flexible. Big firms can make proper arrangements, and often do indeed have them. I have come across many cases of companies that have very responsible policies on this kind of thing, far and above what the law would provide, because that is the right thing for their employees.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Government Operations
Richard Harrington (Conservative, Centre-right): The shadow Minister makes a good sedentary comment, but I detect a note of sarcasm The serious point here is that consultations in which charitable bodies and other institutions make points based on their experiences are an important part of the legislative process, because that is where the detail comes in. I can assure Members on both sides of the House that this is not a can-kicking consultation or a formality. It is very important. Anyone who is interested can submit a response, and the consultation is open until 8 June, so there is not long to wait. I feel that it is necessary. Sometimes consultations are formalities, but I do not think this is one of them.
Parental Bereavement (Leave and Pay) Bill — House of Commons, 2018-05-11
Topic: Social Welfare
Kevin John Foster (Conservative, Centre-right): I am reassured by some of what I am hearing from the Minister, but can he be clear that the Government will look at the results of that consultation with a view to being clear on primary care givers, rather than parents who are purely defined by biology?