Employment Rights Bill

Committee (3rd Day) (Continued)

19:12:00

Debate on Amendment 76 resumed.

My Lords, I support Amendments 127, 128 and 139 in the name of my noble friend Lady Penn. In so doing, I declare my interests as an employer and as the father of a four month-old son. The amendments in this group seek to deliver a fairer, more modern and more economically rational approach to paternity leave in this country. They are modest in scope but transformative in impact. They are not about political ideology; they are about justice, equality, family well-being and economic prudence. The case for action is overwhelming. Today in the United Kingdom we grant mothers 52 weeks of maternity leave. Fathers receive just two weeks and are paid a mere £187.18 per week for it, which is less than half the national living wage. That is not support, it is a symbolic gesture, and one that fails our families, our economy and our vision for a truly modern and inclusive society. As we have heard, the UK has the least generous paternity leave system in Europe and we rank 40th out of 43 OECD nations. While 22 OECD countries offer six weeks or more of well-paid reserved paternity leave, the UK offers just 0.4 weeks of full-time equivalent paid leave. Is that the legacy that we wish to defend? The amendments seek to correct that imbalance. They would do three vital things: make statutory paternity pay a day-one right, just like paternity leave will be under the Bill; increase paternity leave from two weeks to six and raise the rate of pay to 90% of the father’s salary, capped at median earnings; and require transparency from large employers by mandating the publication of their parental leave policies. Each of those proposed reforms is supported by robust evidence, each is economically justified and, perhaps most importantly, each is backed by overwhelming public support. The Government rightly propose to make paternity leave a day-one right, yet they do not extend that logic to pay. What message does that send—that a father may take time off but must go without income to do so? Incidentally, it is worth noting that that is currently the arrangement in your Lordships’ House. Perhaps if the Government are about fairness and workers’ rights, as they purport to be, that may be something that they wish to take up with the commission. Research shows that the biggest barrier to fathers taking paternity leave is affordability. Nearly three-quarters of those who cut their leave short did so because they could not afford to stay off work any longer. What use is leave if it is unpaid? Why six weeks, and why 90% pay? It is because we know, from the experience of countries such as Sweden, Germany, Spain and beyond, that reserved well-paid leave for fathers leads to profound benefits for families, for women’s equality, for children and for national prosperity. OECD data shows that, in countries offering fathers six weeks or more of well-paid leave, the gender wage gap is 4% smaller and women’s labour force participation is 3.7% higher. Why? It is because shared caregiving allows mothers to return to work sooner and on fairer terms. However, this is not just a women’s issue; it is a fairness issue for all parents, and smart economic policy. The economic argument is striking. Closing the gender pay gap could boost UK economic output by £23 billion, while increasing paternity leave to six weeks at 90% pay could generate an immediate economic benefit of £2.6 billion. That is based on sound modelling endorsed by reputable analysts, including the Joseph Rowntree Foundation. Moreover, 90% of businesses surveyed by the CBI say that inclusive workplace practices help them to attract and retain talent. Nearly three-quarters of employers that offer enhanced paternity leave report higher productivity—we were discussing productivity rates in this country in earlier groups; this is a solution to help that—and employee engagement. So let us discard the myth that this would be a bureaucratic cost; in truth, it would be a smart investment for business. Let us also remember the human case. Better paternity leave benefits children. As my noble friend Lord Bailey said earlier, children with engaged fathers show higher academic achievement, greater resilience and stronger social skills. It benefits mothers: when care is shared, women can more easily return to the workplace and pursue their careers. It benefits fathers: longer paternity leave leads to better mental health—something that we also heard about earlier—stronger father-child bonds and more engaged parenting throughout childhood. If we want to build a society where men are not just allowed but expected and supported to care for their children, then this is the place to start. The public are with us on this point. Some 81% agree that more generous paternity leave is good for families and for the country. Support crosses party lines: Labour, the Conservatives, the Liberal Democrats, the SNP and Reform all back this measure. This is not a fringe issue; it a mainstream demand and a moral necessity. We have what is perhaps a once-in-a-generation opportunity to reshape the way this country supports fathers, mothers and children in their earliest days together. The proposed amendments are reasonable, grounded in evidence and long overdue. I urge the Government to accept them.

My Lords, it is a pleasure to follow the noble Lord, Lord Harlech, who made a compelling case for these amendments. I rise to speak in strong support of Amendments 139 and 76, tabled respectively by the noble Baronesses, Lady Penn and Lady Lister. The UK’s statutory paternity leave—just two weeks, paid at £187.18 per week—is the most limited in Europe. In many OECD countries, six weeks’ leave at the equivalent of full pay is standard. By comparison, our offer is inadequate and outdated. Eligibility for paternity leave is also restricted. It requires continuous employment with the same employer for 26 weeks before the 15th week prior to the due date. That excludes many fathers, especially those in insecure work, the self-employed, or those working in gig economy roles. Many are forced to take unpaid leave or use holiday just to be present at the start of their child’s life. The impact is significant. The TUC reports that over half of families struggle financially when a parent takes paternity leave, and one in five do not take the leave they are entitled to, mostly for financial reasons. Research from Pregnant Then Screwed found that 70% of fathers who did not take their full leave had to cut it short due to cost. This is not just about finances; it affects bonding with the child and support for the mother or birthing partner, and it reinforces gender inequality in unpaid care. The lack of accessible leave for fathers limits shared parenting and is a contributor to the gender pay gap and future pension pot inequality. The Employment Rights Bill includes provisions to address some of these issues. Clauses 15 and 16 remove the qualifying periods for unpaid parental and paternity leave. Clause 17 removes the requirement to take paternity or adoption leave before parental leave, allowing paternity and adoption leave to be taken following shared parental leave. However, these clauses fail to tackle the low level of statutory paternity pay, or to extend fathers’ and second parents’ leave entitlement past two weeks. While the Labour Party committed in its manifesto to review the parental leave system more broadly, the Employment Rights Bill provides an opportunity in the here and now to implement changes that would make a real difference to families and people considering having children. The noble Lord, Lord Bailey, mentioned the lower birth rate—an important context that we must take into account in considering in these amendments. Amendment 139 from the noble Baroness, Lady Penn, offers a practical and immediate step forward. It would require statutory paternity pay to be a day one right, removing unnecessary barriers for thousands of working parents. Amendment 76 from the noble Baroness, Lady Lister, backed by the noble Baroness, Lady Penn, would mandate a comprehensive review of paid parental leave within six months of the Bill becoming law. Importantly, it sets the terms of that review: to consider a statutory, non-transferable period of paid leave for second parents, to raise pay levels, and to include the self-employed. This is not merely a social issue; it is an economic one. Many noble Lords have mentioned the modelling by the Joseph Rowntree Foundation and the Centre for Progressive Policy, which suggests that increasing paternity leave to six weeks at 90% of earnings could contribute £2.68 billion to the UK economy by supporting more mothers to return to work and encouraging shared care from the outset. Countries with more than six weeks’ paid paternity leave have significantly smaller gender pay and participation gaps, as we heard in the international examples shared by a number of noble Lords during this debate. The benefits are clear, and the public support reform—only 18% believe the current two-week offer is sufficient. Other amendments in this group have been powerfully spoken to, such as Amendment 80 from the noble Lord, Lord Palmer, and Amendment 127 from the noble Baroness, Lady Penn, which both propose extended leave and fairer pay. The case for reform has been compellingly made in this group. The Employment Rights Bill offers a real opportunity to modernise paternity leave, benefiting families, the economy and gender equality at work. I urge the Minister to consider the strength of the arguments presented today and to respond with the action that it deserves.

My Lords, I rise to speak in support of Amendments 127, 128 and 139 in the name in my noble friend Lady Penn. I would like to think that the birth of any child is an important day in the eyes of the father as well as the mother; yet, when it comes to the parental leave granted by companies, they are treated very differently: up to 52 weeks for the mother and two weeks for the father. On this basis, as we have heard, the United Kingdom compares very unfavourably with other European nations. In addition, 22 OECD nations offer more than six weeks, paid at the equivalent of 100% of salary. The Government’s weekly rate of statutory pay, for the two weeks that it is paid to fathers in this country, is currently the lesser of £187.18 or 90% of average weekly earnings. This is a modest amount by any measure, given that the average full-time working man is paid just under £700 per week. We have heard from other noble Lords of the benefits to fathers themselves, as well as mothers and children, when fathers are permitted to spend longer with the family in the early period of a child’s life. I wish to draw on my personal experience. As I have said before, the company that I work for—Marsh, a very large insurance broker—now has a mature policy on paternity leave. Fathers are allowed to take up to 16 weeks’ leave, and the company ensures that they continue to be paid the equivalent of 100% of their salary during their time away from the workplace. Importantly, their job remains open for this period to facilitate their return. This benefit was not available to me when my sons were born in the 1990s—unlike the noble Lord, Lord Russell of Liverpool, I have not yet reached grandfatherhood. The time allowed must be taken within 52 weeks of the birth of the child, or children in the event of a multiple birth. I am sure that our competitors offer something similar, as competition for staff is an ongoing issue, and benefits count enormously in any discussion should a member of staff wish to change employer. Such a policy helps to define the culture of a company that cares not only for itself but also for the lives of its colleagues. I do not believe that Amendment 128, which asks for parental leave policies to be published by large companies, is making an onerous request; indeed, publishing them would enable meaningful comparisons, inform jobseekers and encourage best practice across industry. I support it. As I mentioned in an earlier group, happy staff tend to do good work. This is certainly a stressful time in any family’s life, and the mental health of staff is important, as we have heard today from my noble friend Lord Bailey of Paddington and others. It is one thing for a large company with the ability to cover a colleague’s workload to offer such a period of paternity leave, but this is obviously more challenging for smaller companies. I am not suggesting for one moment that all companies should offer such generous periods of paternity leave as my own, much as I would have enjoyed it in my time. The birth of any child is, I hope, an exciting experience. It is also, in my experience, a somewhat nerve-wracking one, which can be ameliorated by parents being able to spend more time together during this period. Two weeks of paternity leave is simply not enough. I encourage the Government to extend the statutory period for paternity leave to six weeks, as suggested in Amendment 127, and to provide a more generous level of salary. I hope that this will encourage fathers to take off this period, which, as I have demonstrated, is exceeded in some workplaces. Finally, I will look briefly at Amendment 139, again in the name of my noble friend Lady Penn, on which I have changed my opinion during this debate. I believe that companies of all sizes feel that day one paternity leave is a step too far when the new employee has not even walked through the door. However, if the Government insist on this, it seems only right that fathers should receive statutory pay as a minimum. Companies obviously still have the opportunity to decide whether to go further, as would be the case for employees who have been part of the workforce for a certain period of time.

19:30:00

My Lords, I support Amendment 127 from my noble friend Lady Penn. I declare an interest—which I am increasingly discovering to be a growing financial interest—in the form of my two daughters, who are the most precious things to me. I confess that I am glad that it is my noble friend Lady Penn who is leading the charge on this amendment, and the noble Baroness, Lady Lister, leading the group. I rise with some trepidation. I am not alone in being conscious that, in speaking to this amendment, as a man I am putting myself slightly in the firing line by somehow implying that a man should have exactly the same as the woman who has just carried and given birth to the child. As has been said, this is not about more rights for the man. It is more than that. It is about ensuring a dad can be at home to play their part for the child and, crucially, be there for the mum. I am lucky and immensely grateful that, on both occasions when my wife gave birth to our children, I had two supportive bosses, one of whom I am delighted to say is still my boss, in the form of the Opposition Chief Whip. When the time came, my noble friend worked to give me the support and time I wanted to be with my family. When I was in the Government Whips’ Office, I worked with colleagues—two of whom I am pleased to see here, in the form of the noble Lords, Lord Evans and Lord Harlech—to ensure that we all got the time at home that we wanted, especially me. This is not unique, but I was lucky: lucky that it was offered, lucky that it was an open dialogue, lucky that I could ask for what I would like without recourse and was completely understood, and lucky that the support extended beyond the time I was at home. I was also lucky that my child was healthy and lucky that I had my in-laws around to help out. Like so many in the country, I wanted to be at home to help, but also to share those early moments—the precious moments in a young child’s life that were mentioned earlier. I was there to help, tidy, ferry, feed, give cover and support my wife, who was recovering after surgery. To explain my personal circumstances, both of my children’s births were not simple. The first required emergency surgery, and then a return to hospital for another stay a week after coming home. Our second child’s birth was also complicated. Despite being a planned caesarean, the surgery did not go well and it required weeks of hospital visits. There is no way at all that my wife, on her return, could have looked after a newborn child, never mind our eldest or, indeed, herself. I say this not for sympathy, or to suggest that I am special or unique, or deserve better support than others. General statistics show that, on average, a labour can last up to 18 hours. While around 46% of women who give birth in England spend one day in postnatal care, around 40% of women spend two days or more. Caesareans have increased over the last decade, amounting to over 40% of births. It is worth reflecting that the advice on caesareans is that for weeks the mother should not lift anything heavier than her own baby. Not everyone is able to have a wider family network to rally in support. While I was lucky that I had support at work, some are not so lucky. They do not have a choice and have to return to work sooner than they would like to, as the noble Baroness, Lady Smith, said. Indeed, I read online that one dad was back at work 24 hours after their child was born. I am a realist and I know that money does not grow on trees, and many businesses are already providing longer and better parental leave. Some may say that they have concerns about the impact on business and the economy, and I will not comment on the Bill as a whole, but it is obviously right that each and every day we should be supporting and helping businesses to grow—they pay the taxes and employ people. Research shows that three-quarters of employers who offer extended leave see an increase in productivity and engagement, and almost 100% of fathers said flexibility is a deal breaker when looking for employment. As my noble friend Lady Penn said earlier, extended leave is good for parents, so that they can help and support one another; it is good for the child, to ensure that support is there for them, and to build bonds as part of a new unit; and it is good for forming another special bond, the one between employer and employee. I hope that all noble Lords, especially in my own party, recognise the merits of this amendment as something that is good for both business and families.

My Lords, I will speak very, very briefly. It is heartening to hear support for the amendments in this group right across the House. I will speak in particular to those from the noble Baronesses, Lady Lister and Lady Penn. I have already shared with the noble Baroness, Lady Penn, that, when I was at the TUC, I very, very vividly remember having conversations with young men who were working as riders and delivery drivers, and they really, really wanted to be good dads. They had young babies and children, and what was most important to them—and I hope others will reflect this in paying attention to how we make working families’ lives better—was predictability of shifts and guaranteed hours, so they would know how much money they could earn, but they also wanted paid paternity leave. To keep this really, really brief, I have a couple of questions for my noble friend the Minister before she responds. First, can we accept that the starting point for a review would be to recognise that, compared with other countries, the UK is so ungenerous in its paid paternity leave? We do not need a huge review to know that; it is our starting point. If we are to move into the 21st century, we also need to recognise that new dads from all sorts of backgrounds want time to bond with their babies and be involved more equally in their care. Secondly, will this review focus specifically on paid paternity leave, working from the simple premise that, unless it is paid, there are whole swathes of new dads who simply cannot afford to take it? I have been encouraged by the discussion around the House. I think there is a cross-party consensus that we all want to see new dads having that opportunity. We all know it will bring benefits for women—including closing the gender pay gap—and opportunities for children to have a better life, too.

My Lords, I thank my noble friend Lady Penn for her very thoughtful amendments in this group. I acknowledge the valuable contributions from all noble Lords, in particular the noble Baroness, Lady Lister, for introducing her amendments, and the noble Lord, Lord Palmer of Childs Hill, for introducing his amendments and, perhaps more importantly, reminding the House of the Conservative-led coalition Government’s work in this area—although I note that he did not heap praise on the then Secretary of State for Work and Pensions, my right honourable friend Iain Duncan Smith. We fully recognise and support the intention behind these proposals, which is to strengthen support for families and in particular to enhance the role of paternity leave in allowing fathers to spend essential early time with their children. This is a laudable aim that clearly finds broad sympathy across the House. However, while the objective is clear and commendable, we must also consider the practical implications of how such policies are implemented, particularly in relation to the impact on businesses. Many employers, large and small, continue to face significant challenges in the current economic climate, as we have discussed at length this evening. The introduction of new requirements, even when limited to large employers, must be approached with caution and care, and I acknowledge that my noble friend Lady Penn addressed many of those concerns directly in her speech. As for the reporting obligations set out in Amendment 128, tabled by my noble friend, these would apply to businesses with 250 employees or more. While this threshold helps to focus the requirement on larger organisations, we should still be mindful of the potential administrative and financial burdens such reporting could entail. Even within that category, resources vary significantly, and not all may be equally equipped to take on new reporting functions—a point that was addressed by my noble friends Lord Bailey and Lord Ashcombe. That said, transparency and data collection can play a valuable role in shaping effective policy. If it can be clearly demonstrated that these measures would bring mutual benefits, improving employee well-being and retention, for example, without imposing disproportionate costs or complexity on employers, it is certainly something that we should be prepared to consider further. Ultimately, we have to strike the right balance, ensuring meaningful support for families while safeguarding the viability and flexibility of the businesses that employ them. That is the lens through which we should view not just this amendment but the broader provisions of the Bill.

My Lords, this has been a wide-ranging, informative and very exciting debate. I thank all noble Lords who have contributed. I take this opportunity to congratulate the noble Lord, Lord Harlech, on his four month-old son. I begin by recognising the key role that parental leave plays in supporting families—I wish it had been available when I became a father, at a much older age, some 18 years ago. I thank the noble Lord, Lord Gascoigne, for sharing his story about the difficult time he had during the birth of his children. This Government understand that the arrival of a child, whether through birth or adoption, is the most transformative time in a family’s life. We understand that the current parental leave system needs changing so that it better supports working families. We have committed to do this and we are taking action in a number of different ways. Through this Bill, the Government are making paternity leave and parental leave day-one rights, meaning that employees will be eligible to give notice of the intent to take leave from the first day of employment. I hope that many noble Lords will welcome this position. This brings such leave in line with maternity and adoption leave, so simplifying the system.

The Minister said that this brings paternity leave in line with maternity leave, but for maternity leave, the right to pay is also a day-one right. Does he acknowledge that the Bill does not create alignment between maternity and paternity?

The noble Baroness is absolutely right. I just said that the leave is the same as maternity leave, not the pay. This brings paternity leave in line with maternity leave and adoption leave, thereby simplifying the system. We are removing the restriction preventing paternity leave and pay being taken after shared parental leave and pay, to further support working parents in assessing the entitlements available to them. Separate from the Bill, planning work is under way for the parental leave review, which will explore how well the current system supports working families and what improvements could be made. Amendments 127, 80, 138 and 139 seek to make changes to paternity leave and pay. Amendments 127 and 139 are in the name of the noble Baroness, Lady Penn. Amendment 127 seeks to extend statutory paternity leave and pay from two weeks to six weeks and to increase the rate of pay to the lower of 90% or national median pay—although the drafting relates specifically to pay. Amendment 139 seeks to make statutory paternity pay a day-one right for all employees by removing the current continuity of working requirements. The noble Lord, Lord Palmer, has laid two similar amendments, Amendments 80 and 138. Amendment 80 would increase the minimum length of paternity leave from two to six weeks and require regulations to introduce the ability to take paternity leave at any time in at least the first year following birth or adoption. Amendment 138 calls for the existing flat rate of statutory parental payments to be increased, by doubling the rate from £184.03 to £368.06. I hope to reassure the noble Baroness and the noble Lord, in part by highlighting several reforms to paternity leave and pay which took effect in April last year. These changes now allow eligible parents to take their leave and pay in two non-consecutive weeks; to take their leave and pay at any point in the first year after the birth or adoption of their child, rather than only within the first eight weeks, as was previously the case; and to give shorter notice for each period of leave. I hope that the noble Lord, Lord Palmer, will therefore agree that, while well-intentioned, Amendment 80 is not necessary in relation to when paternity leave is taken, for the reasons I have just explained.

19:45:00

I turn now to parental pay. Amendment 139 would make statutory paternity pay a day-one right. Currently, no parental pay entitlements are available from day one, including maternity pay.

Will the noble Lord clarify whether he just said that there are no day-one rights to parental pay, including for maternity?

I will read it again. Amendment 139 would make statutory paternity pay a day-one right. Currently, no parental pay entitlements are available from day one, including maternity pay.

Does the noble Lord acknowledge that maternity allowance is available from day one, at the same rate of pay as statutory paternity pay?

The noble Baroness is absolutely right: maternity allowances are available from day one. Parental pay entitlements require employees to meet an average earnings test. Calculating whether newly employed parents have met this threshold would present a significant challenge to their new employers who administer parental payments. Amendments 127, 138 and 139 would introduce a cost burden to the Exchequer at a time when public finances are under pressure. When considering calls to increase the level of parental pay generally, any changes will need to take account of the economic situation, the financial impact on employers and the needs of parents, and be made in consultation with businesses and stakeholders. The Secretary of State for Work and Pensions is required by law to undertake an annual review of benefits and state pensions, including statutory payments. This is based on a review of trends in prices and earnings growth in the preceding year. Generally, as with other benefits, parental payments are increased in line with CPI. For example, statutory maternity pay, statutory paternity pay and statutory adoption pay will all increase by 1.7% in April 2025, in line with the September 2024 CPI figure.

Does the noble Lord acknowledge that, in linking the payments to CPI, what is actually happening is that we are seeing a bigger gap between statutory payments and people’s salaries, as the national minimum wage is increasing by a greater degree? The process that the noble Lord has laid out is increasing the problem that we have of payments not coming anywhere close to replacing wages.

I thank the noble Baroness for that. That is the situation as it is now. Until and unless things change, that is what is happening. Depending on individual circumstances, additional financial support will be available to parents. For example, universal credit, child benefit and the Sure Start maternity grant may be available alongside statutory parental pay. I turn to the issue of shared parental leave. Where fathers and partners want a longer period of leave and pay, shared parental leave and pay is already available. Shared parental leave and pay offers up to 50 weeks of leave and up to 37 weeks of pay, which can be created for parents to share from maternity entitlements that the mother does not intend to use. Parents can use the scheme to take leave together for nearly six months, or intersperse periods of leave with periods of work. I turn to Amendment 136, again laid by the noble Lord, Lord Palmer, and supported by the noble Baroness, Lady Whitaker, which calls for individuals who are self-employed or contractors to have access to statutory adoption pay within six months of the passage of the Bill. It would also require the terms “self-employed” and “contractors” to be defined in regulations, to set out a clear description of who would qualify for statutory adoption pay under this extended eligibility. I want to reiterate my appreciation and gratitude towards all adoptive parents, who provide loving and stable homes to children who are unable to live with their birth parents. Currently, parental leave and pay entitlements are generally not available to the self-employed. This focus on providing parental leave and pay to employees is rooted in the understanding that employees often have less flexibility and control over their working conditions than those who are self-employed. There is of course the exception of maternity allowance, which is available to self-employed mothers as an important health and safety provision. It makes sure that mothers can take time away from having to work to recover from childbirth, bond with the child and establish breastfeeding if they wish to do so. For parents who do not qualify for adoption pay—for example, those who are self-employed or contractors—statutory adoption guidance advises local authorities to consider making a payment similar to maternity allowance. In November 2024, the Government published Keeping Children Safe, Helping Families Thrive, in which we allocated £49 million to the adoption and special guardianship support fund for this financial year. This will enable local authorities and regional adoption agencies to offer a wide range of tailored support, including psychotherapy, family therapy and creative therapies, to adoptive families. These services are available following a locally conducted assessment of the adoptive family’s needs. Amendment 128, tabled by the noble Baroness, Lady Penn, would commit the Government to introducing regulations requiring organisations which employ more than 250 people to publish information about their parental leave and pay policies. It is true that parental leave and pay policies are not extras. They are essential policies that allow people to manage their professional and personal responsibilities and play a huge role in addressing wider social and economic issues. The Bill contains a number of measures which will improve the support working families receive, most notably by: putting in place legislation that makes it unlawful to dismiss pregnant women, mothers on maternity leave and mothers who come back to work for a six-month period after they return—except in specific circumstances; making flexible working the default, except where not reasonably feasible; and the requirement that large employers produce equality action plans. We feel that we are already striking the right balance between doing more to help working families and ensuring that these changes are manageable for employers to respond and adapt to. Therefore, we do not believe this is the right time to legislate to require publication of parental policies. Amendment 76, tabled by my noble friend Lady Lister, would make it a legal requirement for the Secretary of State to begin a review of paid parental leave within six months of Royal Assent and to lay the review before Parliament within 18 months. I share the desire of all the noble Lords and Baronesses who have tabled these amendments today: I too want to see change made to the parental leave system to better support families, and I thank them for their clear dedication to improving the lives of parents and children. I recognise their concerns that the current system reinforces outdated gender roles. The responsibility for childcare remains, for many families, with the mother. For many, this will be through choice, but it is also reflective of a system that grants fathers and partners a short period of time off to be with their partner and child during this first year of life. Shared parental leave is available to qualifying fathers and partners who wish to take a longer period, but take-up remains low. Family life has changed radically since the 1970s, when the then Labour Government passed the Employment Protection Act, which established the right to maternity leave for working mothers. We all agree that improvement needs to be made, and this Government have already begun that work by making paternity leave and parental leave day-one rights through this Bill. This removes a layer of complexity and makes the system more accessible. More needs to be done, and I recognise the fair point raised by my noble friend Lady Lister in Amendment 76 that a review needs to address the disparities in the current system. The plan to make work pay—a manifesto commitment —committed to a review of the parental leave system within the first year of a Labour Government to ensure that it best supports working families. Planning is under way, and we hope to provide further detail soon.

Can the Minister confirm that the Government will meet that manifesto commitment to start the review within the first year, and can he give a timescale not just for when the review will start but for when it will be completed?

I can give the commitment that we will do this within the first year of the Labour Government.

Is that to start the review?

We are planning and conducting the review within the first year of the Labour Government. It would be premature to make further legislation in this space before the parental leave review has taken place. We will, however, take my noble friend’s ideas and concerns into consideration, and I look forward to updating your Lordships’ House on the review. Before I conclude, we understand the concerns raised by—

Before the Minister exits the review, it clearly reflects on a number of the issues in the Bill. It would make an awful lot of sense, if the Government are going to do this within the first year—which, by the way, is not very much longer—to be able to present us with the findings of that review so that we can reflect them in what we bring back on Report.

I thank the noble Lord for that intervention, and I will speak to my officials and write to all noble Lords accordingly regarding the review. We understand the concerns raised by micro and small businesses around proposed day-one rights to paternity leave. Those employers often work with very lean teams and tight margins, so any perceived increase in entitlement can raise questions about costs and continuity. Introducing day-one rights is about fairness and consistency. It ensures that all fathers, regardless of tenure, have the opportunity to support their families at a critical time.

I am sorry to interrupt the noble Lord again. He has just talked about the importance of a day-one right to paternity leave, giving fathers the ability to take that leave, but, as the noble Baroness, Lady O’Grady, said, unless it is paid, swathes of dads will not be able to afford to take it. If the Government recognise the importance of this, why will they not make it paid?

I thank the noble Baroness for that. As I said in my previous paragraph, we are making day-one rights such as this and consulting, and the review will look at all the issues that the noble Baroness has brought forward. Until we get the review done, I really cannot commit to anything at this stage. For businesses, this kind of support fosters loyalty and improved retention in a competitive hiring environment. Demonstrating a commitment to family-friendly practices helps attract and keep skilled employees. We also encourage proactive workforce planning. Cross-training and flexible staffing arrangements can mitigate disruption during short absences. Many small employers already manage similar situations around holiday leave or illness, so this policy is not about adding burden but about building a workplace culture where staff feel valued from the very start. We are committed to working with small businesses to ensure that the transition is smooth, supported and sustainable. I hope I have reassured all noble Lords of the Government’s commitment to parental leave and respectfully ask that the amendment be withdrawn.

My Lords, before the Minister sits down, can I, first, just make an observation? Having listened to him reading from his brief, I wondered how many members of the team who prepared the brief have themselves ever been able to take paternity leave, because it certainly did not sound like they had. Secondly, as the noble Baroness, Lady O’Grady, said in her intervention, she was very happy with the support from across the House for paternity leave being changed, and quickly. Those of us in the House who are in front of and to the side of the Minister were able to witness the body language of his Back-Benchers. Having seen that, I will say only that I suggest that going and sitting down with them as a group between now and Report might be helpful.

I thank the noble Lord for that, and I will probably take up his idea.

20:00:00

My Lords, I thank everybody who contributed to this debate. I particularly thank all the fathers who contributed; they made it very much an issue for fathers and brought their personal experience to it. That was very important, and I value it. The noble Baroness, Lady Penn, pushed and pushed on the question of the timeline. As far as I understand it, it is starting to happen and will start within the first year of a Labour Government, but there remains a question about when it will finish. Perhaps the Minister can take away that question and see whether he could bring back in a letter before Report a clearer idea of what the timeline will be and exactly what it will look like. I must say that, if the scenario that the noble Baroness, Lady Penn, laid out is how it is going to be, I would find that disappointing. It would be very disappointing for many people in this Committee who have supported the raft of amendments so powerfully. I ask that a copy of this debate is given to the Minister responsible for this review. I think it would help that Minister, whoever it is, to see just how strong the feeling is, across this Committee, that this needs looked at—in particular, from the perspective of fathers and the raw deal that they get. As the noble Baroness, Lady Jones, pointed out, this is a human rights issue. I am more used to talking about women’s rights than men’s rights, but I hear that this is one of those issues where the two come together and the one supports the other. It is so good to see this acknowledged across the Committee in that way. My noble friend the Minister said he hoped that we had been reassured, but I have to admit that I was not—I am sorry. There was a lot of talk about better support for working families. What I did not hear—I will read Hansard—is a clear acknowledgement that this is about a better deal for fathers, and that from that then flows a better deal for mothers, children, families and the economy. The noble Lord, Lord Sharpe, talked a bit about the costs, but this could be good for the economy and for business, and I think that perhaps that needs to be recognised more. I will not say any more now. I ask that my suggestion that this debate be brought to the attention of the Minister responsible for the review is taken seriously—there is nodding from the Front Bench in front of me. I cannot speak for the body language of all my colleagues here on the Back Benches, but I think it has been a very good debate and worth having. We need to think about what we want to do on Report, and I am sure this will come back in some form then. I ask that officials give more thought to what was really motivating this debate in what is presented back to us on Report, because I am not sure that they really got it—and this is too important for it not to be got. I will leave it at that. I beg leave to withdraw the amendment, but I look forward to continuing the conversation across the House.

Amendment 76 withdrawn.

Amendment 77

Moved by

77: After Clause 17, insert the following new Clause— “Foster carer’s leave(1) The Employment Rights Act 1996 is amended as follows.(2) In the title of Part 8B, for “CARER’S LEAVE” substitute “CARER’S LEAVE AND FOSTER CARER’S LEAVE”. (3) After section 80J (Carer’s leave) insert—“80JA Foster carer’s leave(1) The Secretary of State must make regulations entitling an employee to be absent from work on leave under this section in order to undertake activities as a result of being a local authority foster parent.(2) For the purposes of subsection (1), “local authority foster parent” is defined in accordance with section 105 of The Children’s Act 1989.(3) The regulations must include provision for determining—(a) the extent of an employee’s entitlement to leave under this section;(b) when leave under this section may be taken.(4) Provision under subsection (3)(a) must secure that where an employee is entitled to leave under this section the employee is entitled to at least a week’s leave during any period of 12 months.(5) The regulations may make provision about how leave under this section is to be taken (including by providing for it to be taken non-continuously).(6) The regulations may provide that particular activities are, or are not, to be treated as providing or arranging care for the purposes of this Part.”(4) In section 80K—(a) in subsection (1), after “80J” insert “and 80JA”,(b) in subsection (2), after “80J” in both places it occurs insert “and 80JA”,(c) in subsection (4), after “80J” insert “and 80JA”, and(d) in subsection (5), after “80J” insert “and 80JA”.(5) In subsection (1) of section 80L, after “80J” insert “and 80JA”.(6) In section 80M—(a) In subsection (1)—(i) in the opening words, after “80J” insert “80JA”,(ii) in paragraph (e), after “80J” insert “and 80JA”,(iii) in paragraph (f), after “80J” insert “and 80JA”,(iv) in paragraph (g), after “80J” insert “and 80JA”,(v) in paragraph (h), after “80J” insert “and 80JA,(b) In subsection (2), after “80J” insert “and 80JA”, and(c) In subsection (3), after “80J(4)” insert “and 80JA(4)”.”Member’s explanatory statement This new clause ensures local authority foster parents are entitled to at least one extra week’s leave every 12 months.

In moving my Amendment 77, I shall speak to Amendments 78, 79, 135 and 144 in my name. Amendment 77 seeks to extend to foster carers the leave given to carers, and I hope that noble Lords will see this as a necessary clarification, which is all that it is. Amendments 78 and 79 focus specifically on kinship carers and would require larger employers—those with over 250 staff—to review the support they offer to unpaid carers. Amendments 78 and 79 seek to address a significant gap in employment rights for kinship carers by introducing a new entitlement to kinship care leave. Amendment 78 proposes a provision to establish this right, while Amendment 79 links the proposed entitlement to the broader provisions of the Bill. These amendments respond to a pressing social need. Over 130,000 children across the UK are currently being raised in kinship care arrangements—more than three times the number in foster care. Despite the critical role that kinship carers play, often stepping in during times of crisis to prevent children entering the care system, they receive far less support, including in the workplace. Introducing a specific entitlement to kinship care leave would provide families with much-needed time and space to adjust, to make the necessary arrangements and to ensure the child’s well-being during what is often a traumatic transition. Not only would this improve outcomes for children and families but it would help relieve pressure on the formal care system, where costs are often excessive and the emotional toll on children is, I am sure, significant. In enabling kinship carers to remain in employment while fulfilling their caregiving responsibilities, these amendments recognise the long-term social value of keeping children within loving, familiar, family environments. Amendments 78 and 79 would introduce a right to kinship care leave and link it to broader employment provisions. As I say, 130,000 children in the UK are in kinship care, which is more than three times the number in foster care. Kinship carers often step in during family crises, preventing children entering state care, yet they lack formal workplace protections. These amendments would provide time for families to adjust and to support a child’s transition—especially vital in sudden or emergency situations. I maintain that supporting kinship care is cost-effective and reduces reliance on costly private care providers that profit from family meltdown. This is about reshaping workplace culture to reflect the reality of modern families and ensure that children can remain in loving, stable homes. These proposals align with broader efforts to reform the care system and should be viewed as part of a compassionate, pragmatic approach to child welfare. Amendment 135 would make carer’s leave a paid entitlement. I do not really need to add more than that. Amendment 144 would require employers with more than 250 employees to consider what support they offer to unpaid carers within their workforce when publishing their gender equality action plans. This is a modest but important step towards recognising the hidden pressures faced by most employees, most often women, who juggle paid work with unpaid caring responsibilities. Unpaid carers are the backbone of our social care system—where would we be without them? Yet their contribution is routinely overlooked in workplace policies and gender pay gap reporting. By including consideration of unpaid carers in gender equality action plans, we would acknowledge the real-life factors that contribute to disparities in career progression, earnings and job security. Employers cannot meaningfully address gender equality without recognising the care burden that disproportionately falls on women. This amendment is a practical and proportionate way in which to ensure that unpaid carers are no longer invisible in workplace policies. When drafting my words for today, I did not realise how important kinship care was. One talks about the mothers and fathers, but very often it is the aunts, uncles, grandmothers and grandpas—other people who are kin to the child—who are not recognised in our system as producing the support that our system requires. I hope that noble Lords will support the amendment in my name, which I beg to move.

My Lords, I shall speak to Amendment 81, standing in my name in this group, if that is in order at this stage. It is a privilege to speak to this amendment. Although it stands in my name, I am just a vessel in this case; the credit for getting the amendment to this stage and in this shape should go to the members of the House of Commons Women and Equalities Committee, but particularly to the wonderful chair of that committee, my good friend Sarah Owen MP. Her tireless and passionate advocacy in raising the issue of the need for bereavement leave following pregnancy loss has successfully persuaded the Government that action is necessary on this particular matter. Therefore, I hope that, when my noble friend the Minister replies at the end of the debate on this group of amendments, he will be able to indicate support for Amendment 81 or at the very least confirm that the Government will bring forward an equivalent amendment on Report. Listening to and reading the stories of women and their partners affected by pregnancy loss is a very moving and powerful experience. However, unlike other parts of the pregnancy journey, such as IVF, there is often a cloud of secrecy around miscarriage, leading sometimes to a feeling that many women have that it is somehow their fault when pregnancy loss occurs. Sarah herself has spoken publicly with great courage, emotion and eloquence about her own experiences of pregnancy loss, and she has referred to that feeling, which is compounded by the fact that, having miscarried and experienced the related physical and emotional trauma, a woman is expected to apply for sick leave to deal with the bereavement of pregnancy loss. Miscarriage is not a sickness; it is not a disease, and it is not the equivalent of having a heavy cold or any other infectious condition. Having to take sick leave to deal with the heartbreak of miscarriage trauma reinforces the idea that there is something wrong with the woman. That is the evidence that Sarah Owen’s committee received when it undertook its inquiry into this matter. It is also the case that taking sick leave will often trigger an HR process from an employer, which can enhance a feeling of insecurity of employment at a time of great vulnerability for the woman concerned. Pregnancy loss bereavement should be treated in the same way as any other kind of bereavement suffered by workers, and it should therefore be a right in law, enacted through this Bill. In addition, this measure would help to lift that veil of secrecy and guilt around miscarriage and build more compassionate and human workplace environments. Sarah Owen herself has spoken movingly about this when describing and discussing her own experience of miscarriage. She said in the Commons: “I experienced pregnancy loss while I was an MP, and the kindness of colleagues in this place got me though, but at no point did any of them wrap their arms around me and say, ‘Get well soon’; they all said, ‘I’m sorry for your loss.’”.—[Official Report, Commons, 11/3/25; col. 927.] I believe that this amendment can help to drain that well of loneliness that can be felt when pregnancy loss is left unacknowledged in employment law and in the workplace, particularly as it is such a common occurrence. Of course, partners need to be involved too. The committee heard compelling testimony from women who had experienced miscarriage that partners needed time to grieve their loss, as well as to accompany their partners to doctors’ appointments and so on. They heard from a witness who nearly bled to death on the way to hospital because her husband was not given time off work.

20:15:00

Inevitably, questions arise about costs to employers, but the committee heard evidence from employers welcoming the change—not least, smaller businesses wanting a level playing field to be able to do the right thing. The NHS, the largest public sector employer of women, has been offering paid bereavement leave for the last year. In evidence to both the Public Accounts Committee and the Women and Equalities Committee, it said that the costs were negligible.

I hope that my noble friend will honour the commitment given to Sarah Owen in the House of Commons to introduce a statutory entitlement to bereavement leave for pregnancy loss before 24 weeks, the current cut-off period, and in doing so to reassert our values of humanity and compassion and a desire for fairness and equality. I know that if he does so, it will be a moment of both sadness and joy for those who have experienced miscarriage—sadness at the reminder of their loss and of what they had to go through without this provision; joy at knowing that, in future, pregnancy loss bereavement leave will be a right legislated for by the Government, so that women and their partners will not have to experience the added pain of not having a right to statutory leave at a time of the greatest trauma.

Finally, I thank Sarah, as a friend and a comrade, for entrusting me with carrying this amendment forward on her behalf in your Lordships’ House. She is an exceptional person, a brilliant MP and, I am glad to tell your Lordships, in the light of all her experiences, also a wonderful mother.

My Lords, I rise to speak to Amendment 134, which is in my name and that of my noble friend Lady Finlay of Llandaff. The aim of this amendment is simple but vital. It seeks to provide day one financial support for parents of children diagnosed with a serious or life-limiting illness. It would create a new statutory right for parents to take a period of paid leave from employment to care for their seriously ill child. This right would apply to parents of children aged between 29 days and 16 years old who are receiving or have received specified types of medical or palliative care. The duration of this leave, including rate of pay, would need to be set out in regulation. This amendment is tabled in honour of a young boy named Hugh, who sadly lost his battle to rhabdomyosarcoma, a rare form of cancer, at just six years old. His parents, Ceri and Frances Menai-Davis founded the charity It’s Never You to help support the parents of children who have been diagnosed with serious illnesses. They have been campaigning for three years to change the law and are here in the Gallery tonight to listen to this debate. Throughout Hugh’s treatment, Ceri and Frances saw first hand the immense challenges faced by parents—not just the emotional and physical strain of caring for a seriously ill child but the severe financial pressures that come with it. Each year, around 4,000 families in the UK spend two months or more in hospital with their child, who is undergoing treatment for a life-threatening illness. These parents are being forced to make the impossible choice of earning a living or being by their child’s bedside. The current system is leaving these families unsupported at the most vulnerable moment in their lives. Many are selling their homes, their clothes and turning to crowdfunding sites like GoFundMe just to cover basic living costs, which can go against them in any application for universal credit. At present, no parent is entitled to any financial support in the first 90 days of their child’s illness. After 90 days, they can apply for disability living allowance, which would help with the costs of caring for their sick child. But even then, successful DLA applications can take up to 20 weeks to be approved. Of the families surveyed by It’s Never You, 90% believed that immediate financial support would have made a critical difference to the hardships they faced following their child’s diagnosis and treatment. This amendment seeks to build on important progress made through the 2023 Neonatal Care (Leave and Pay) Act. Under this Act, parents of babies admitted to neonatal care within the first 28 days of life and who require a hospital stay of seven continuous days or more, are now entitled to up to 12 weeks of statutory leave with pay for those eligible. This leave is also in addition to existing maternity or paternity entitlements. Regarding these recent legislative changes, the Minister, the noble Baroness, Lady Merron, remarked: “No parent should have to choose between being with their vulnerable newborn or returning to work … We are giving parents peace of mind so they can focus on their family.” Considering this statement, I would like to ask the Minister just one question. The Government clearly recognise that no parent should be forced to have to make such choices between their child’s health and employment. So why are they so reluctant to provide essential financial support to those vulnerable parents who are in equally devastating situations?

My Lords, I wish to speak to Amendment 77 on foster carers’ leave, and Amendments 78 and 79 on kinship carers’ leave. I congratulate the noble Lord, Lord Palmer, on bringing them forward. Both types of carers, as the noble Lord said in tabling his amendments, provide a huge service by allowing children to remain in loving family settings, and both types will be the subject of wider consideration in the Children’s Wellbeing and Schools Bill. But today there is a need to ensure that the essential caring role they provide is acknowledged by making provision for them to have a right to leave, as do employees. Foster carers at least receive fees and allowances, although a survey by The Fostering Network last year found that 32% of local authorities pay less than the national minimum allowance to their foster carers, and even those rates are out of date and fail to meet the costs of caring for a child. It is also essential that recognition be given to foster carers’ right to leave from work to enable them to respond to situations in the same way as birth parents are able to do. There are over 150,000 children in kinship care in England, and yet there is a lack of understanding among the general public as to just what kinship care is and what it involves. It is any situation in which a child has been raised in the care of a friend or family member who is not their parent. The arrangement may be temporary, or it may be long term. Kinship carers need employment leave because they step up in times of crisis to provide love and care to children who may otherwise be sent to the care system—a situation that has often come about because of tragedy and/or trauma. The period when the child moves in with a family can be difficult. They are likely to need a lot of support. Often, the carer has not planned to take on parenting responsibilities for one or more children, so they may have to spend time attending meetings with children’s services, being involved in court proceedings, finding a nursery or making arrangements with the child’s school and GP. Sometimes, children’s services place an expectation on kinship carers that they at least temporarily stop working, if they think it necessary to meet the needs of the child. Whether the carer receives any local authority support, in a financial sense, in this situation is dependent on where the carer lives, the type of arrangement and whether the child is or was previously in the care system. More often than not, kinship carers become dependent on social security, which is simply not right or fair. Surveys by Family Rights Group have found that a third of working-age kinship carers are not in paid employment due to their caring responsibilities, and six in 10 kinship carers have to give up work or reduce their hours when the child comes to live with them. The contrast between adoptive parents and foster carers is stark. Adopters are entitled to 52 weeks of leave and 39 weeks of pay to enable them to settle a child into their home. This is paid at 90% of average weekly earnings for the first six weeks, followed by a payment which currently stands at £184 a week for the next 33 weeks, and employers can usually reclaim almost all those costs. There is no equivalent employment leave entitlement or payment for kinship carers, but there should be. Amendment 78 would introduce significant steps towards that, because providing kinship carers with paid leave would provide families with financial security and lead to direct savings for the Treasury from kinship carers remaining in employment, reduced universal credit claims and greater tax revenues, not to mention wider social benefits from gains in children’s well-being and in GDP. Foster carers and kinship carers do not simply provide a service to the children they look after: they provide a service to the Government by lessening the demands on children’s services and saving public expenditure. I very much hope that my noble friend will recognise this and give an assurance that she will bring forward a government amendment to right these very obvious wrongs around leave for foster carers and kinship carers, and recognise the vital service that they provide.

My Lords, I thank the noble Lord, Lord Palmer of Childs Hill, for tabling Amendments 78 and 79, to which I have added my name in support. My comments will be brief. I add my voice to those of other noble Lords in the Chamber in appreciation of the debates that we have heard today on the detail of the Bill, which in many ways indicate the interrelatedness of the issues before us, and about what it is to live well together to enable the flourishing of every person throughout their whole lives. I am very grateful to the Minister for her engagement with me over several months on the matter of kinship care, and I acknowledge the Government’s evolving view on how best to ensure consistent and sustainable support for kinship carers. I appreciate that the Minister is open to further conversations, and I look forward to them. Part of the challenge is providing a clear, agreed and workable definition of kinship care, and there is more work to be done on this, recognising that Amendment 79 sets out in some way to go about this task. It is about finding the right balance to achieve what is needed in supporting kinship carers and is not so open as to be unworkable in law and unrealistic in affordability. That, to me, is a challenge—it is around the parameters of what kinship care is—but I do not think that it is unresolvable. However, the longer we take to get to this point, the more lives are being impacted. Kinship carers are overrepresented in the health, education and social care sectors, so the withdrawal from this labour market has an obvious impact on wider society. The north-east region, which I serve, has the highest rates of children in kinship care. The impact of this in real terms, given multiple and systemic factors of inequality, is immense. Amendment 78 would grant kinship carers the right to take statutory paid leave, as the noble Lord, Lord Palmer, said, akin to the entitlements of adoptive parents. It would allow them to spend a period of protected time with the children entering their care as they settle into their new arrangements. Further, it would enable caregivers to remain in employment while they adjust to their new responsibilities and continue contributing to the economic growth that this Government strive for. I again thank the Minister for her willingness to meet me and engage with these amendments. I urge her to carefully consider the difference these amendments would make to the lives of kinship carers, to those growing up in their loving care and to wider society.

My Lords, it is a pleasure to follow the right reverend Prelate, who makes a strong case for more support for kinship carers. I added my name to Amendments 135 and 144 to demonstrate cross-party support for a squarer deal for carers. Before I add a brief word to what has already been said about carers, I add a quick word about Amendment 77, on foster care. A long time ago, my wife and I were registered foster parents in the London Borough of Lambeth. We did short-term fostering, typically when a mother went into hospital to have a child and somebody needed to look after her existing child or children. It is not quite clear from the wording of Amendment 77 how short-term foster parents might qualify if the amendment became law. If the definition in Amendment 78 was used—namely, that the fostering of a child had to last a year—then short-term foster parents would not qualify, even though they might have been providing short-term fostering for up to a year with a series of different children. Short-term fostering can last from two days to two years. On the other hand, should a two-day short-term fostering spell qualify for leave on its own? Probably not—so, we need a bit of clarity on entitlement if this is to go further.

20:30:00

If I may say a quick word on Amendment 135, I declare an interest as vice-chair of the All-Party Parliamentary Group on Young Carers and Young Adult Carers. This amendment would change the Carer’s Leave Act, which did not include remuneration as a matter that had to be considered in the employment contract. I note that, during the passage of the Carer’s Leave Act in the last Parliament—via a Private Member’s Bill supported by the then Government—the then Opposition and now Government challenged the previous Government on why they were not introducing carer’s leave as a paid entitlement. At Second Reading of the Carer’s Leave Bill in the Lords, the noble Baroness, Lady Blake, responding from Labour’s Front Bench, said:

“We fully support the Bill, although we believe that carer’s leave should be paid. We have to ask why it has taken the Government so long to introduce legislation, therefore necessitating its introduction by Private Member’s Bill”.—[Official Report, 3/3/23; col. 555.]

The Labour spokesman in the Commons was even more forthcoming. At Second Reading of the Carer’s Leave Bill in the Commons, Imran Hussain, again responding from Labour’s Front Bench, said:

“We of course support the Bill, but it falls short of what unpaid carers really need, which is paid carer’s leave. Under the proposals set out in our new deal for working people, the next Labour Government will legislate to introduce just that, to ensure that working people can respond to family emergencies as and when they arise without being left out of pocket”.—[Official Report, Commons, 21/10/22; col. 1004.]

Despite those very clear commitments, which I have just quoted, such a provision is completely absent from this Bill. Perhaps the Minister can explain why.

I understand all the reservations about putting yet more obligations on employers, even though some leading employers already provide paid carer’s leave on a non-statutory basis. Perhaps the Minister could explain what the practice is in the department. I note in passing that, based on Centrica’s experience, it is estimated that there would be

“£8.2 billion in productivity gains through increased worker retention, reduced recruitment costs and a reduction in other productivity costs”—

a similar case to that which we heard made in the previous debate on paternity leave.

I welcome the Government’s determination to support people back to work and to aim for an 80% employment rate. Together with their recent recognition that carers’ inability to work is costing the economy £37 billion a year, that makes a strong case for this amendment, but the case for the amendment has been transformed by yesterday’s White Paper on immigration, with its restriction on recruitment from overseas for those working in social care, particularly in care homes. We have already heard the concerns of those who run these homes that this key source of recruitment will be cut off. There is no sign that social service departments will be able to afford the higher costs of care if we are to recruit and train enough people locally.

The NHS and social care have a high number of working carers, but many people leave because of a lack of flexibility and support if they are at the same time unpaid carers—some may then be entitled to carer’s allowance if they qualify under the 35-hour rule. That makes no sense. I believe there is an opportunity here to retain existing carers and to recruit new ones, if there was more flexibility than there is at the moment.

Finally, the Government have committed to “review the implementation of” the Carer’s Leave Act 2023

“and examine all the benefits of introducing paid carers’ leave”.

How is that review progressing, and will it take account of the changed situation since yesterday?

My Lords, I support Amendments 135 and 144, which relate to unpaid carers. It is always a pleasure to follow the noble Lord, Lord Young of Cookham, who is always so sound on carers’ issues. I declare an interest as vice-president of Carers UK. Amendments 135 and 144 would provide employees with a statutory right to paid carer’s leave and require employers with over 250 employees to consider what support unpaid carers are given within their workforce when publishing action plans on gender equality. Both seem to be entirely sensible, and I am pleased they have received cross-party support. As noble Lords will know, I have long campaigned for greater employment rights for those juggling paid work with their unpaid caring responsibilities. This Bill is very welcome and includes many provisions which have a positive impact on working carers. Millions of people are now doing this juggling act of paid work with their unpaid caring responsibilities, but this juggling act is very difficult to maintain. Despite pockets of good practice, a lack of support and understanding from many employers—and too few rights in the workplace—too often leaves carers with no choice but to give up work or turn to part time or insecure work. It is estimated that 600 people per day quit work to provide unpaid care, with real and lasting consequences for them and their families. That is not only bad for them but bad for their employers and the economy. As recently as March, the Government provided a new estimate of the cost to the economy of carers being unable to work, which the noble Lord, Lord Young, quoted. It was a staggering £37 billion a year—a huge figure. We have made good progress in recent years. Indeed, the entitlement to a week of unpaid carer’s leave was secured, as we have heard, through the Carer’s Leave Act 2023, and it was a positive step in the right direction. However, it was always intended to be just that—we said this endlessly during the passage of that Act, as some noble Lords will remember—as it was a first step to be built on. I welcome that the Government have committed to review the implementation of the current right to unpaid carer’s leave under the Carer’s Leave Act 2023 and to consider whether there is a need for paid carer’s leave. However, I urge the Government to go further and faster to seize the opportunity in front of them. It is clear to me that we should be doing everything we can to ensure that all carers who are able and wish to work are able to do so. Surely this is part of what the Government are trying to do in other areas—encourage people back into the workforce. Carers UK’s evidence shows that 80% of carers say that additional paid carer’s leave of between five and 10 days would better help them to juggle work and unpaid care, and 50% of carers would find it easier to return to work after a period of absence if they had access to paid carer’s leave. Almost half of those who have given up work or retired early—many people take early retirement specifically to take up caring responsibilities—said that paid carer’s leave would have helped them to stay in employment for longer had it been available at the time. The modelling that Carers UK has undertaken based on existing employer practice estimates it would cost the Government between £5.5 million and £32 million annually to introduce paid carer’s leave, depending on the rate of compensation employees receive. I know that is a large figure, but it is in fact a small price to pay compared with the huge contribution made to our economy by carers. Amendment 144, relating to equality action plans, is necessary due to the gendered nature of caring. At the heavy end of caring, women are still much more involved than men, and this impacts specifically on women’s employment. I understand and welcome that Ministers have been engaging with organisations such as Carers UK, as well as carer-friendly employers, over the last year. I am sure they will have heard much about the positive impacts that organisations such as TSB, Centrica and Phoenix Group can have on their employees by promoting best practice. However, that support should not be the preserve of employees who just happen to work for enlightened employers. I agree with the Government that this Bill is pro-business and pro-worker. These amendments are too, and that is why I hope they will be supported by the Government.

My Lords, I support Amendment 134 from the noble Baroness, Lady Grey-Thompson. She has highlighted that there is a glaring gap in our welfare system. It fails to provide adequate, immediate support for parents whose children fall seriously ill. Although the Neonatal Care (Leave and Pay) Act rightly recognised the need for non-means tested leave and pay when a child is critically ill at or shortly after birth, that protection vanishes as the child grows older. Parents whose children fall seriously ill beyond the neonatal period are left navigating benefits that are not suited to the immediate support they require. Currently, there are only three options available for parents seeking that financial support. The first is universal credit, which is means tested and not easily accessible. The second, disability living allowance, was mentioned by the noble Baroness, Lady Grey-Thompson. It can only be applied for three months after a diagnosis and then takes an additional 20 weeks—approaching half a year altogether—to process. DLA is also a requirement for claiming a blue badge—just to give an example of how long this process takes. The third option is 18 weeks of unpaid parental leave taken in four-week blocks within a calendar year. So, there is a gap from day one to day 90 before a parent can apply for financial help. In these cases, it appears families face an impossible choice—financial insecurity or being at their child’s side during the most traumatic moment of their young lives. This amendment addresses that gap, providing a grant to the parents of a chronically sick child from day one. The grant will be limited to the first one to three months, and approved quickly by the consultant, with a renewal every month. According to data from the Treasury, there are approximately 4,000 children each year who could be expected to have a hospital stay of two months or more. The cost of caring for a chronically ill child is estimated to be around £750 per month. According to estimates by the charity It’s Never You, if the Government were to provide two months of support during this gap period, it would cost around £6 million—a significant amount, but at the lower end of national spending in revenue terms compared with many of the options talked about today. This amendment seeks to extend the principles of the Neonatal Care (Leave and Pay) Act to children up to the age of 16 in cases of serious illness. It builds on a clear precedent and introduces a compassionate, practical solution—non-means tested support—at that moment of crisis. The impact on employers will be minimal, affecting, as I have stated, only a few thousand families a year. But the benefit to those families would be profound. This is precisely the kind of change where legislation can make a life-changing difference at very little cost. I urge the Government to consider this amendment, which is in keeping with the spirit of this legislation.

My Lords, before I deliver my remarks in relation to the amendments that I have signed, I will add my support to the amendment on miscarriage leave from the noble Lord, Lord Brennan of Canton. My Plaid Cymru colleagues in the other place also supported that amendment, so I am glad to see that it has made its way to this House, too. Amendment 135, tabled by the noble Lord, Lord Palmer, would establish carer’s leave as a paid entitlement. I will keep my remarks brief, but I speak from lived experience. I became an unpaid carer at the age of 12. I know what it means to juggle education, work and caring responsibilities while having to repeat my story to NHS staff, college tutors, employers and the DWP. The obstacles I faced are not unique. I know that a number of carers who I spoke to in the past, and continue to do so, continue to face these obstacles. Those experiences led me to campaign on those issues, and I am proud to have influenced positive policy changes in Wales that make life a little easier for young carers trying to stay in education. Amendment 135 would help build a safety net for the millions of people with unpaid caring responsibilities —people like I once was. The Government have made it clear that getting people back into work is a priority, and they also recognise that unpaid carers’ inability to work costs the economy £37 billion a year. Supporting carers to enter and stay in employment must therefore be seen not only as a social priority but an economic one. Introducing paid carer’s leave is not an expensive proposal. Modelling by Carers UK suggests it would cost between £5.5 million and £32 million per year, depending on the rate of compensation. Set against the cost of lost productivity, high turnover and pressure on health and social care systems, this is a modest and worthwhile investment.

20:45:00

Paid carer’s leave would directly benefit over 2 million working carers, offering financial security, flexibility and dignity. For employers, it could mean billions in savings via reduced staff turnover and greater employee retention. Perhaps just as importantly, it would build confidence. It could empower carers to apply for jobs that they might otherwise feel shut out of, helping to broaden participation in the workforce and unlock that untapped potential.

Amendment 144, also tabled by the noble Lord, Lord Palmer, would require employers with more than 250 employees to include within their gender equality action plans information on how they support unpaid carers in their workforce. We must not stop at simply getting carers into work; we must also ensure they are supported to stay in work. According to the census, nearly 1 million working-age unpaid carers have left employment because they could not manage their caring responsibilities alongside paid work. Carers UK research also shows that many of these individuals could have remained in employment if only they had received more support from their employer. That is why this amendment is not just sensible but necessary. Requiring transparency from large employers on carer support ensures accountability and progress, particularly when many unpaid carers are women and gender inequality remains persistent in the workplace.

Both these amendments speak to a vision of a more compassionate, inclusive and economically resilient society, which recognises and values unpaid carers and removes the barriers that they face. I urge the Committee to support both these amendments.

My Lords, I rise to support Amendment 135, to which I have added my name. It is a pleasure to follow the noble Baroness, Lady Smith, especially given that she spoke from lived experience, which I think is really important. I recently attended a policy breakfast about support for working carers, sponsored by the Centre for Care, Sheffield University. The unanimous view was that the leave has to be paid to make a real difference, and that is the message received from carers themselves, gathered by Carers UK. Many, especially those on low income, many of whom as we have heard are women, simply cannot afford to take unpaid leave. In the words of the Centre for Care: “A statutory right to unpaid carer’s leave in the context of a gender-segregated labour market with a substantial gender pay gap is likely to substantially exacerbate inequality”. The evidence it has collected shows that we compare badly to many other countries where paid carer’s leave is now taken for granted. As I said on Second Reading, the argument rests not simply on the social and moral case—the huge difference it would make to the lives, health and well-being of carers—but on the strong economic case. It would increase the likelihood of carers entering or remaining in the labour force, thereby supporting the Government’s aim of increasing employment and promoting economic growth. As a Government-supported task and finish group noted, supporting carers to remain in paid work represents an economic opportunity. TSB, which provides its own carer’s support scheme, is clear about the value it provides for it as an employer, and therefore is one of many organisations calling for the Bill to include provision for paid carer’s leave. It is not just big employers that are supportive: a CIPD consultation with its members found that support among SMEs was not much lower than among large employers. The original new deal for working people promised paid carers leave. I have a different quote from that given by the noble Lord, Lord Young of Cookham. At the Commons Third Reading of the Private Member’s Bill which introduced unpaid leave just a couple of years ago, the Front-Bench spokesperson said that “the next Labour Government will be committed to building on this legislation and introducing a right to paid carer’s leave in our new deal for working people”.—[Official Report, Commons, 3/2/23; col. 580.] However, although he responded sympathetically on the issue on Report for this Bill in the Commons, the Minister could only say that, because the right to unpaid leave was enacted recently, the Government were “reviewing this measure and considering whether further support is required”.—[Official Report, Commons, 11/3/25; col. 952.] I echo the question asked by the noble Lord, Lord Young, about whether my noble friend the Minister could explain this shift in attitude. I completely understand that the Government need to consider how paid leave should be designed, not least because we need to learn from other countries. Yet what is there to consider with regard to the need for further support, given the body of evidence which overwhelmingly demonstrates the case for it? Surely, we can show our commitment to unpaid carers by writing into the Bill an in-principle provision to cover the introduction of paid leave once a review of the details is completed. This would be wholly in line with the spirit of the Bill and consistent with the Government’s missions—not least their overriding pursuit of economic growth—while demonstrating support for a group at considerable risk of poverty. The Government have demonstrated their commitment to carers, with action already taken on carer’s allowance, although its loss for thousands of carers as a result of the planned PIP cuts points in the opposite direction. Therefore, it is all the more important to use this Bill to demonstrate our commitment to carers who are desperately trying to juggle their responsibilities in the labour market and to their loved ones and our recognition of the importance of care to our society.

My Lords, I commend the speeches that have been made, particularly on kinship care, but recognise the challenges that carers face. I am sure that the debate on remuneration for carer’s leave will continue. I am contributing on this group because of Amendment 81, from the noble Lord, Lord Brennan of Canton. I would say that it is quite odd for this to have been grouped alongside the other issues, recognising the very serious situation of pregnancy loss. Before the noble Lord spoke, I was not aware that this was relating to an inquiry at the other end. I have only just started reading aspects of that report, so I am not as fully informed as he was in presenting this. However, there are some issues here that I am concerned about. Thinking through this, only three other countries in the world include parts of pregnancy loss in terms of being formally considered for bereavement leave. That is not a reason not to do it, but it is important to recognise that we would still be quite a considerable outlier. It needs careful consideration. I am not dismissing it in any way, but I am conscious that the Government responded on 25 March and I am slightly disappointed that we have not yet seen an amendment tabled. I appreciate that some of these things take a bit of time, but I had hoped that in Committee we would be able to consider what the Government were going to table in this regard. As the Government have set out in their response to the committee and as is set out in ACAS guidance, a number of these issues are already covered in terms of pregnancy or maternity-related illness. I heard what the noble Lord, Lord Brennan, said about this becoming a potential HR issue. It is discriminatory for any such illness in any way, including miscarriage, and molar pregnancy and ectopic pregnancy would be covered very straightforwardly by that. I have a particular concern about proposed subsection (2B)(a)(iv) in his Amendment 81, which widely casts the net of any medical abortion. It is already recognised that any abortion after 24 weeks is automatically covered in bereavement leave. The same is true of stillbirth, which, in the UK, is considered to be the loss of a pregnancy at 24 weeks and above. The two are not causal or directly related—obviously, there is a correlation in the timing. It just so happens that we have our current abortion limits, with certain exceptions, up to 24 weeks. So I am concerned that, in effect, proactive abortions taken up to 24 weeks would be covered in this amendment. I do not know whether that is the intention of the Government in their response, because, as I have said to the House already, I have not yet had the chance to read the entire report from the Women and Equalities Committee. On proposed subsection (2B)(b), I say that I have had many friends who have, not always successfully, had children through IVF. Thankfully, many people do, but they recognise when they enter into it some of the challenges they definitely will face in trying to have a child by IVF. As it stands, on average, the success rate for a woman below 38 is about 35% for any particular embryo-transfer loss. Once a woman starts to go over the age of 40, that falls—it has gone up from 2012 from an 8% to a 10% success rate in 2022. That careful consideration needs to be thought about by the Government and your Lordships in this House when we decide to extend certain entitlements, while recognising the heartbreak that can happen at certain moments in people’s lives in these particularly sensitive moments. I am conscious that this is a sensitive issue to bring up at this point in the Bill. I do believe that I would like to understand this in more detail. I will take the time to do some more research myself, but I am very keen to hear from the Government quite where this is stretching. I appreciate they have given a certain kind of wording to the House of Commons Select Committee on this point, but the provision of further details to the Committee here would be very welcome.

My Lords, I thank all speakers from your Lordships’ House for what has been an excellent debate. It is a genuine pleasure for me to participate, hopefully quite briefly. The noble Lord, Lord Brennan, gave a moving speech, which was made more moving by the knowledge that Sarah Owen is at the Bar today, and I thank both of them for their contributions, but especially Sarah. Amendment 81 has our support, not least as a catalyst to try to have the sort of debate we need and the careful consideration that the noble Baroness, Lady Coffey, also alluded to. I hope it can start to move things forward. We also support Amendment 134, which was so ably explained by the noble Baroness, Lady Grey-Thompson, and supported by the noble Lord, Lord Hogan-Howe. This again is an important issue that we want to have more conversations about following this debate. My noble friend Lord Palmer gave a very spirited and strong advocacy for kinship care, and that was supported across the House—here is another area where there is an absolutely clear and present need for carers to be officially brought into the carers’ community. The point on fostering was also well made by my noble friend, as was the point made by the noble Lord, Lord Young, about short-term fostering as something we should seek to bring into that. All these amendments are, in a sense, broadening the scope of carers and where we should be considering. For all of them, I hope the Minister will be able to stand up and say “Let’s have a debate following this particular group. Let’s talk with interested parties to see how some or all of this could start to be moved forward”. I hope your Lordships will excuse me if I focus on paid carer’s leave. I had the great honour of piloting Wendy Chamberlain’s Private Member’s Bill through your Lordships’ House with, as the noble Lord, Lord Young, pointed out, the strong support of the Conservative Government. During that time, I had a chance to meet a lot of carers and a lot of employers of carers—big companies such as Centrica, which the noble Lord mentioned, and much smaller companies. They all set out the advantages of having a proper, strong relationship with their carers and the starting point, which we established through that Private Member’s Bill, of unpaid carer’s leave.

21:00:00

This amendment is an opportunity to take the issue where it should be. I am afraid that the noble Lord, Lord Young, and the noble Baroness, Lady Lister, shot my fox with quotes from the then Opposition—the now Government—on the necessity for paid leave.

Unpaid carers are everywhere across our society. Many people, at some point in their life, will become unpaid carers, whether it is for a family member, a friend or a neighbour. Millions of people do it all the time. It takes many forms—it can be day-to-day physical care such as washing, dressing and feeding people who cannot do it for themselves, and other things such as taking people to medical appointments and helping to deal with the mechanics of life.

Huge pressures faced by the NHS, together with record levels of demand for social care services, have meant that unpaid carers have never been more important in the daily lives of so many people in this country. That is why it was important to get that first Bill on the stocks, as is moving it to the next stage.

We know from the 2021 census that over 2 million people in the UK are juggling work with unpaid care, and that every year more than 1.9 million people in paid employment become unpaid carers. Staying in work while providing unpaid care for a relative or someone else can be incredibly challenging. Those pressures often force hundreds of thousands of people out of work or force them to reduce their hours.

That is why we are proud of Amendment 135, and I am delighted with the support we have had across the Committee. This is the Bill that can deliver paid carer’s leave; this is the Bill that should deliver paid carer’s leave. The Committee has made it clear what it thinks the Government should do in response to Amendment 135.

I agree with the noble Lord, Lord Fox, whose fox has not been shot. This has been such an interesting, important, fascinating and deeply moving debate. We owe a debt of gratitude to the noble Lord, Lord Palmer of Childs Hill, for very positively introducing the fact that unpaid carers are the backbone of the care system, and for bringing us up to date with the reality of modern families. I think the Committee has spoken with one voice as we await the reply from the Government Front Bench. Have we not united in saying what we want the Government to do? It will be very interesting to hear the response. I hope they will use every moment between now and Report to be more specific about how they wish to respond to the issues that have been thrown up in this debate. Like the noble Lord, Lord Palmer, I acknowledge the importance of kinship carers—the grandparents, aunts, uncles, siblings and other close family members who step forward when children need a stable and loving environment. These individuals often take on significant responsibilities with little preparation or support, and they always do so with compassion and commitment. The contribution of kinship carers cannot be overstated. As the noble Lord, Lord Watson of Invergowrie, and the right reverend Prelate the Bishop of Newcastle reminded us, they help prevent children entering the care system. They keep families together, and often do so at great personal and financial cost. I have to acknowledge the contribution of my noble friend Lord Young of Cookham, who had some wonderful specific quotes to share with the Committee. There is an important strategic alliance here, particularly with the noble Baronesses, Lady Pitkeathley and Lady Lister of Burtersett, and it will be important to respond positively to the points that they have made. I believe there is a genuine case for us to explore how we might better support those who take on these caring responsibilities in such difficult circumstances. While I appreciate that statutory leave may not be straightforward to implement, especially in the current economic climate, there is room, as the noble Lord, Lord Fox, suggested, for a wider conversation about what more might be done. There should therefore be further consultation on this matter—with kinship carers themselves, with businesses and with the wider public—to understand the practicalities and to gather the necessary evidence. If we can find a solution that is proportionate, workable and rooted in the realities faced by both carers and employers then that will deserve our serious consideration. As the noble Baroness, Lady Smith of Llanfaes, has said, there is room here for a modest move forward that would make a significant contribution. We have to acknowledge the moving speech of the noble Lord, Lord Brennan of Canton, about bereavement leave. He spoke movingly of his Commons colleague Sarah Owen, MP for Luton North, who has blazed a trail of understanding in some areas that previously have not been properly understood, and we need to respond positively to that. The noble Baroness, Lady Grey-Thompson, talked about serious childhood illness, pay and leave, supported by the noble Lord, Lord Hogan-Howe. That that is another area where we need to explore how we can better tackle these challenges. In all these areas, I am confident that, through continued dialogue, we can work towards a sustainable strategy.

My Lords, this has been another wide-ranging debate and I am grateful for the contributions of all noble Lords. As the noble Lord, Lord Hunt, my opposite number, just said, it has been a moving and profound debate that has demonstrated the complexities of the issues in front of us. There is unanimity across the Committee, I am sure, that we should do as much as we can to support carers. We have to ask ourselves how best we do that. We have picked up the baton from the last Government, who passed the Carer’s Leave Act, and we must move forward on that—but I am getting ahead of myself. I join the noble Lord, Lord Hunt, in paying tribute to the noble Lord, Lord Palmer of Childs Hill, and the noble Baroness, Lady Grey-Thompson, for putting the issue of kinship care in front of us, tabling Amendments 77, 78, 79, 134, 135 and 144. I also thank my noble friend Lord Brennan of Canton for tabling Amendment 81. I will do my best to get through these amendments at a decent pace. I will begin with kinship care, speaking to Amendments 78 and 79, tabled by the noble Lord, Lord Palmer. I join others in emphasising how greatly I and the Government appreciate kinship carers, who generously step into the breach and offer loving homes for children who cannot live with their parents. I am sure that the whole House shares these sentiments. I reassure noble Lords that the Government are committed to ensuring that all employed parents and carers receive the support they need to manage both their work and their family lives. As we have heard, Amendment 78 aims to establish a new “kinship care leave” entitlement for employed kinship carers. Amendment 79 then seeks to creates a legal definition of “kinship care” to be used to establish eligibility for kinship care leave. The right reverend Prelate the Bishop of Newcastle, my noble friend Lord Watson of Invergowrie and, indeed, the noble Lord, Lord Palmer, himself, rightly talked about the amazing work done by kinship carers across the country, supporting children in times of greatest stress and need, in their own households, and in so doing relieving local authorities and the wider care system. The Government recognise that the current support for working families needs improvement. We have already begun work to improve the system for kinship carers. We are defining kinship care through other legislation that is currently before this House, and later this year we will begin trialling a kinship allowance in several local authorities. We are pleased to say that, for the first time, through the Government’s Children’s Wellbeing and Schools Bill, we will create a legal definition of kinship care for the purposes of specific duties within that Bill: the requirement to provide information about services to kinship families, and the duty to promote the educational achievement of children in kinship care. This will help to ensure that all local authorities interpret and apply the definition uniformly in relation to the new duty to publish information required, reducing ambiguity and potential disparities in information provided about support by different local authorities. This will, we hope, make life much easier at the sharp end of providing kinship care. It is a vital part of our commitment to keeping families together and supporting children to achieve and thrive. I am also very pleased to say that the Government have recently announced a £40 million package to trial a new kinship allowance. This is the single biggest investment made by any Government in kinship care to date; indeed, it is the first of its kind. This financial commitment could transform the lives of vulnerable children who can no longer live at home. It would enable children to be raised within their extended families and communities. As we heard from the noble Lord, Lord Palmer, and others, it would minimise disruption to their formative years, allowing them to focus on schooling and building friendships—in short, having a normal life, as we want for all our children. In addition, qualifying employed kinship carers may already benefit from various workplace rights aimed at supporting employees in managing work alongside caring responsibilities. These include a day one right to time off for dependants, which grants a reasonable amount of unpaid leave to deal with unexpected emergencies involving a child or dependant; the right to request flexible working; and unpaid parental leave, which, through this Bill, we are making a day one right. Employees may not automatically have parental responsibility as a result of being a kinship carer, but they can acquire parental responsibility through different legal methods such as a special guardianship order. The Government have also committed to a review of the parental leave system to ensure that it best supports all working families. This review will be conducted separately from the Employment Rights Bill, and work is already under way on planning for its delivery. Amendment 77 would provide foster carers with one week of leave every 12 months. As we have heard, foster carers play a life-changing role in the lives of children who need a safe and supportive environment. At times when young people are facing significant challenges, foster parents offer not only care and security but emotional support and consistency. I pay tribute to all those who step forward to provide the essential service of foster-caring—not least, as we have heard, the noble Lord, Lord Young of Cookham, who has now changed his place but is very much with us in the Chair. It is important to highlight that a range of workplace rights already exists to help employees who take on the responsibilities of fostering. From their first day on the job, employees have the legal right to take unpaid time off in emergency situations involving their dependents. This enables them to respond swiftly to sudden issues, such as arranging care for a foster child. If a foster carer is looking after a child with a long-term illness or disability, they are entitled to carer’s leave. This provides them with up to a week of unpaid leave in a 12-month period, to manage healthcare needs or attend appointments. Those fostering with the intention of adopting may be eligible for paid adoption leave, provided they meet the necessary criteria. In addition, all employees are entitled to submit a request for flexible working arrangements from day one of their employment. Given that these existing provisions go a long way to help foster carers to balance work and their foster care responsibilities, it does not seem right to add a new entitlement without a proper assessment of the need for it and the impact it might have.

21:15:00

I appreciate what the Minister has said. If I heard him correctly, he said it would not be appropriate to introduce this leave without undertaking an assessment of how it would be applied. Will such an assessment be undertaken? I think it is important.

I am very happy to write to my noble friend with more details. We will cover some of the issues on carer’s leave in the round later in my speech, but I thank him for his intervention.

With all due respect, this Bill is full of situations in which the consultation for its implementation is yet to be completed. Having adopted a principle in primary legislation, one more consultation would hardly stain the integrity of this Bill. If the Government wanted to, they could very well take on kinship care and fill in the details later—that is what they are doing with the rest of the Bill.

We may be talking at cross purposes. I am very happy to write with more details of the way that we plan to take foster care forward. On paid carer’s leave, Amendment 135 would introduce a statutory entitlement for unpaid carers to receive their usual wage while taking carer’s leave. As drafted, the responsibility for covering these costs would lie with the employer. At Second Reading, and this evening, the noble Lords, Lord Palmer and Lord Young of Cookham, spoke powerfully on the vital role played by unpaid carers. I pay tribute to my noble friend Lady Pitkeathley for all the work she has done on fighting for carers, and to the noble Baroness, Lady Smith of Llanfaes, for speaking about her direct experience of caring. As my noble friend Lady Lister remarked, it is this sort of lived experience that brings so much to our House’s considerations of these matters. I emphasise that the Government are committed to supporting those who combine work with care. However, there are not insignificant concerns with the amendment, which has not been changed since it was first brought forward in the other place. It does not give due consideration to the potentially significant costs it may place on businesses—particularly small businesses. It would create a situation of differential treatment between those taking leave to care for a family member or loved one under the Carer’s Leave Act and those taking other forms of leave, such as maternity and paternity leave. Those taking carer’s leave would be paid their normal wage, while other forms of leave are paid at a statutory rate, meaning that unpaid carers would be treated more favourably. Although the Government do not support this amendment for these reasons, I assure noble Lords that His Majesty’s Government is fully committed to ensuring that unpaid carers can combine work with their caring responsibilities. We are reviewing the Carer’s Leave Act, which was introduced in April 2024 and gave employed carers a new right to time off work. We have heard tonight, as the noble Lord, Lord Fox, expressed, the depths of feeling and concern that this is done properly. We have had the baton of the Carer’s Leave Act passed over; we want to make sure that we get this right, hence the review that we are undertaking.

I quite take my noble friend’s point, but we were not saying how it should be paid; we were asking for an acknowledgement of the principle that it should be paid and leaving it up to the Government to then review the details of how it should be paid. It would be good to have at least an acknowledgement that that is where the Government are heading.

I fear I may disappoint my noble friend slightly, but it is important that, if we are going to review these things, we review them in the round, and that I do not pre-empt that review at the Dispatch Box tonight. We are considering whether further support is needed, including potential options for paid leave, while being mindful of potential impacts on businesses. It would be worth spending a little more time discussing the review, as several noble Lords have now asked about it. The review is under way and officials in the Department for Business and Trade have already spoken to over 70 employers, third sector organisations and charities, such as Carers UK, in the course of undertaking the report. We have held events across the UK, in Wales, England and Scotland, and this engagement will continue as the review progresses, alongside both qualitative and quantitative research. I will answer a couple of direct questions on the review. To answer the noble Baroness, Lady Coffey, we will be considering international examples. To answer the noble Lord, Lord Young of Cookham, we will be taking into account the immigration White Paper, which he so keenly observed has just been published. The review will assess the impact of unpaid carer’s leave, introduced last year, while considering whether further support is needed, including potential options for paid leave, while being mindful of any potential impacts on businesses. To respond again to my noble friend Lady Lister, we do not want to pre-empt the outcome of the review. We must allow it to run its course, to ensure that we make a considered, evidence-based decision about what further support would most benefit unpaid carers. As time is running on, I will speak to Amendment 134. I begin by thanking the noble Baroness, Lady Grey-Thompson, and the noble Lord, Lord Hogan-Howe, for bringing attention to this issue. I pay particular tribute to the work done by the charity It’s Never You, which worked with the noble Baroness on this amendment. I join her in paying tribute to Ceri and Frances Menai-Davis, who have so bravely and tirelessly campaigned in memory of their son, Hugh. I am so pleased that they could join us in the Committee to understand how seriously the whole House takes the issue they have raised—it gives us the opportunity to thank them again for their hard work on the issue. This amendment would extend provisions on neonatal care leave and pay to the parents of all children up to the age of 16 who are seriously ill for an extended period of time, entitling parents to paid time off work at the rate of statutory neonatal care pay. As I have said, this is a very important issue, and I wholly acknowledge how incredibly difficult childhood illness can be for parents. Equally, I recognise the vital role played by parents and other family members who provide care in such circumstances. The importance of being able to spend time by the bedside of a loved one who is unwell cannot be overstated. To respond directly to the noble Baroness, Lady Grey-Thompson, the Government are reviewing the existing entitlement to carer’s leave, as I have already mentioned, and considering whether further changes may be helpful in supporting those who provide care to loved ones alongside work. For instance, employers are able to offer enhanced parental leave beyond the four-week limit in a year, and we encourage employers to consider doing this in unusual circumstances, such as a child becoming seriously ill. It is important that parents of disabled children are supported to return to or remain in work, if this is what they choose to do. Parents of disabled or seriously ill children may be protected from employment discrimination, by association with a disabled person, under the Equality Act 2010. These may well be more appropriate avenues through which to consider the issue. While I am afraid that the Government cannot support the amendment at the present time, I understand that officials in the Department for Business and Trade have extended an invitation to the It’s Never You campaign to further discuss its proposals as part of the ongoing review of carer’s leave. I hope that noble Lords take that as a promissory note of how seriously we take the issue. I certainly hope that the Menai-Davises will be able to contribute their valuable perspective on this ongoing piece of work. Amendment 144, on carers and equality action plans, would require employers to consider caring as a matter related to gender equality within any equality action plans, with reference to Clause 31 of the Bill. I thank the noble Lord, Lord Palmer, for drawing attention to the disproportionate impact that is felt by women when it comes to providing unpaid care, and particularly women in the workplace. This is undoubtedly a very important issue. The provision in the Bill is designed to emphasise gender equality issues, but this amendment risks inadvertently strengthening existing assumptions about who provides care within our homes, families and society. The clause as it stands can already accommodate consideration of the needs of carers. We want to ensure that a variety of actions can be taken to support employees in a range of circumstances, so we fully expect action plans to consider those with caring responsibilities. Action plans are a vital step in supporting employers to make progress on closing the gender pay gap. Acknowledging the needs of those who provide unpaid care will no doubt play an important role in this, given that it is a significant contributing factor to the gap. Finally, I will speak to Amendment 81, tabled by my noble friend Lord Brennan of Canton. I think the whole House was moved by his words on the issue. He calls himself a vessel, but he was certainly no empty vessel—if he will excuse my rather poor pun for this time of night. The amendment would extend the scope of bereavement leave to include pregnancy loss before 24 weeks. It would apply to those who experience miscarriage, ectopic pregnancy, a molar pregnancy, a medical termination or an unsuccessful attempt at IVF due to embryo-transfer loss. The loss of a baby at any stage is incredibly sad and difficult. As my noble friend Lord Brennan said, it is not a disease or an illness. The Government acknowledge that there is a clear gap in support for those who suffer a pregnancy loss before 24 weeks and that there is a need for time to grieve and recover, which, as many noble Lords from around the Committee recognised, was so helpfully highlighted by the work of the Women and Equalities Committee. It would be most remiss of me now not to join my noble friend Lord Brennan and indeed other noble Lords in paying tribute to the work of the committee, and in particular of my friend and comrade Sarah Owen, who has so movingly told of her own experience and has thought about the wider piece around this important and sensitive issue. We appreciate the way in which the committee has brought this issue forward. We fully accept the principle of bereavement leave for pregnancy loss, as raised in the amendment, and we look forward to further discussions with my noble friend and other noble Lords as the Bill continues in this House. As my noble friend Lord Brennan said, this can help bring a more compassionate and humane face to the workplace as people deal with events that, frankly, at this current point in time, carry far too much stigma, secrecy and basic misconception of the facts.

Can my noble friend the Minister confirm that the meaning of his words is that it is the intention of the Government to bring forward amendments that he is about to get to on Report in this regard?

It will not come as a surprise to my noble friend that we cannot accept the amendment in front of us today. However, I am very happy to work with him to ensure that your Lordships’ House can consider this most important issue again on Report. So I respectfully ask him not to move this amendment and ask that the noble Lord withdraws his amendment.

I feel humbled by this debate. It started off for me with the noble Lord, Lord Watson of Invergowrie, and the right reverend Prelate and it went on in the same vein, right across the House: the feeling that there was this Bill, the Employment Rights Bill, and that we recognise that within employment rights there are carers who have been ignored and need to be paid for what they are doing, for people and for the system that they underwrite. The Government have not really replied in positive enough terms on this, but we will come back to this on Report with specific amendments. By that time, I hope that Government Ministers will go back to their colleagues in the other place and say that across the House, from all parts of this House, there was a feeling that unpaid carers need to be recognised in the Employment Rights Bill, and that kinship carers, who have not been recognised before, need to be recognised. We hope the Government have heard this and we look forward to a positive response by Report. I beg leave to withdraw my amendment.

Amendment 77 withdrawn.

Amendments 78 to 80 not moved.

Clause 18: Bereavement leave

Amendment 81 not moved.

Clause 18 agreed.

21:30:00

Amendment 82

Moved by

82: After Clause 18, insert the following new Clause— “Special constables: right to time off for public duties(1) The Employment Rights Act 1996 is amended is follows. (2) In section 50 (Right to time off for public duties), after subsection (1) insert—“(1A) An employer shall permit an employee who is a special constable, appointed in accordance with section 27 of the Police Act 1996, section 9 of the Police and Fire Reform (Scotland) Act 2012 or section 25 of the Railways and Transport Safety Act 2003, to take time off during the employee’s working hours for the purpose of performing their duties.(1B) In section (1A), “duties” means any activity under the direction of a chief officer of police.””Member's explanatory statement This new clause gives employees who are special constables the right to time off to carry out their police duties.

My Lords, my amendment is supported by the noble Lords, Lord Paddick and Lord Evans, for which I am grateful. The amendment seeks to add special constables to the group of people in the criminal justice system who have the right to time off to fulfil their duties. In 2018, Section 50 of the Employment Act was amended to include lay observers in prisons and members of immigration visiting committees for immigration centres and short-term holding facilities among those, such as magistrates and JPs, who have the right to take time off from their employment. Of course, each of those groups of volunteers is essential to the effective functioning of the criminal justice system, and so are special constables, who have existed since being created by the Special Constables Act 1831, although today’s version was really created by the Police Act 1964. Special constables are special by name and special by nature, in my view. They are unpaid volunteers who have all the powers of a regular constable and take all the risks that their colleagues take, too, of being stabbed, assaulted and people abusing or spitting at them. They are paid expenses, but of course this covers only their outgoings and they make no profit. They deal with issues such as suicides, terrible road traffic collisions and many other things that regular officers have to deal with, but these are volunteers. After being trained, they are usually expected to be on duty for at least four hours a month. Most do very much more than that; some work every weekend. During breaks in employment, they often work almost full-time hours. Some work at this for over 20 years. Special constables were designed to be a contingency for war, backfilling the police officers who would be expected to join the Armed Forces. Given many of the uncertainties in the world at the moment, it is not unrealistic to expect that we may call on them in the foreseeable future. Special constables are a visible representation of community policing, giving of themselves without payment to stop crime and keep order. For me, they have always been a way to have the community in the police station, holding their regular colleagues to account and not captured by the prevalent police culture of the time—almost a pre-body-worn video system before that was even thought about. Some 25% of them go on to become regular officers, so it is not a bad recruiting route and not a bad way for them to test whether they would like to be a police officer or whether police officers think that they are going to be suitable full-time colleagues in future. At present, the numbers of special constables are dropping quite dramatically. In September 2023, there were 6,330 in England and Wales, but by September the following year there were only 5,818. That is just one-third of the figure it was 10 years ago. In this context, on the grounds of equity with other volunteers in the criminal justice system, surely we need to enhance the volunteer offer to encourage recruitment, retention and diversity. The Government have said that they want strategically to boost neighbourhood policing, with around 13,000 more officers and PCSOs in the coming years. Surely that priority alone demands that special constables—the most visible of community-based policing—have a priority in recruitment. This amendment would assist in that process. No doubt the Government may say that this should not be approached in a piecemeal way and that they will make announcements when they say more about neighbourhood policing. Many of those announcements have been made, and this opportunity has been missed, I would say. Some may say that this is a burden on small businesses, but I do not accept that. The Section 50 right for volunteers has a reasonableness clause in it, so a business of three people may struggle to give any time off, whereas a business employing 10,000 people may have far more flexibility. For example, it is not reasonable for an employee to consistently take time off when the business is particularly busy and needs them. To be fair, those people come back to work better trained, confident and rounded individuals. As I said earlier, they have had a few new experiences of life—some good and some not so good. The Government may say that, if we do that for this group of volunteers, we may have to do it for others, and we may need to consider that as a whole. I do not accept that either; this reform is long overdue and is supported by the National Police Chiefs’ Council and the specials’ own representative body, the Association of Special Constabulary Officers. There is a huge gap in recruitment and retention, and that problem is now and the time to deal with it is now. This is a great opportunity to assist what is a special group of people whom we probably have all taken for granted for too long. The Government have an opportunity in this Bill to do something to help, and which will cost nothing.

My Lords, I rise to support Amendment 82 in the name of my friend and former colleague, the noble Lord Hogan-Howe, which I have signed. I declare an interest as a paid non-executive adviser to the Metropolitan Police Service. I apologise that I was unable to speak at Second Reading, but I intend to focus in a disciplined way on the amendment, unlike some colleagues. In London, the Metropolitan Police, the UK’s largest police force, has, in recent years, been unable to recruit police officers to the level it has been funded for, and is now unable to recruit full-time regular police officers because of budget constraints. The Labour Government’s community policing guarantee, to recruit 13,000 more neighbourhood police and Police Community Support Officers, appears to be challenging, given that the Metropolitan Police accounts for about 19% of all UK police officers and about 25% of the UK police budget. One low-cost way to recruit more community police officers is to take a no-cost-to-the-taxpayer measure to encourage members of the public to become special constables, such as that proposed in the noble Lord’s amendment. As of March 2023, the contribution of special constables was saving an estimated £85 million to £90 million a year in policing delivery, according to government statistics. The Minister may well say, as Ministers are prone to do—for example, on the issue of humanist weddings—that while they agree in principle with the amendment it needs to be part of a holistic approach to volunteering generally; that the Government will consider this and bring forward such legislation in due course, if necessary; but that they do not want to create an uneven playing field. However, if they intend to meet the 13,000 uplift in community police officers, they need to create an uneven playing field, providing more of an incentive for the public to volunteer to be special constables than to be any other sort of volunteer. In any event, the playing field is already uneven, as the noble Lord, Lord Hogan-Howe, has just said, in that in 2018 the Government—albeit a different Government—amended Section 50 of the Employment Rights Act 1996 to include four groups of volunteers in another part of the criminal justice system, such as independent prison monitors. The reason was to attract applicants in full-time employment, who tend to be younger, and thereby improve the diversity of these volunteers, who tended to be skewed in favour of older age groups. Not only do the police need fit, younger people to volunteer to be special constables but, particularly in London, they need local volunteers who know and reflect the diversity of the communities in which they will serve. The proportion of special constables from minority backgrounds currently serving is higher than it is among regular full-time police officers, and with the added incentive that this amendment would provide, we have the prospect of recruiting more ideal volunteers, who know and reflect their local communities, as special constables. Were these not good enough reasons to support this amendment, given the current issues around police culture—highlighted by the noble Baroness, Lady Casey of Blackstock, in her report on the cultural issues facing the Metropolitan Police—recruiting more officers from minority backgrounds, working part-time and hence less influenced by existing negative aspects of police culture, would assist in changing those undesirable aspects of police culture and increase public trust and confidence. Not only would the public see more police officers who look like them; they may recognise them as members of their local community. The special constabulary has also proved to be a fertile recruiting ground for the full-time regular force, as the noble Lord, Lord Hogan-Howe, has just said, providing an opportunity for those from minority backgrounds in particular to try out policing before making a full-time commitment to it. Recruiting more volunteer special constables could also lead to improving the diversity and local representation among the full-time regular police force. As with the changes made in 2018 to the 1996 Act, there are compelling reasons to extend Section 50 of the current Employment Rights Act to special constables, and I enthusiastically support this amendment.

My Lords, we could hardly have expected two more expert speakers to propose this amendment. This is another case where society is getting something on the cheap and, even though it is a different argument from the one about unpaid carers, it is another way where, in fact, we are not recognising the value that society is getting from these people who work as special police officers. I really want to hear what the Government say on this and I hope it is not the sort of answer that my friend, the noble Lord, Lord Paddick, suggested it might be but is something rather more constructive that can come forward the next time this Bill comes up.

My Lords, I would very much like to thank the noble Lord, Lord Hogan-Howe, for his important amendment in this group and for the valuable context he gave in his opening remarks, and the noble Lord, Lord Paddick, for speaking so eloquently to it as well. They are both right. Special constables play a vital role in our communities and, as they pointed out, they serve alongside other police officers, offering their time and their skills to protect the public and contribute to the safety and well-being of society at large. As the noble Lord, Lord Fox, has just pointed out, society benefits from their work. It is often overlooked, though. For many, being a special constable is something they do alongside other regular employment. These individuals are already balancing their professional lives with the demands of policing and, as has been pointed out, that can be both challenging and rewarding. I could bore on for hours about how valuable special constables were when I was policing in Hong Kong—but I will not. I welcome this amendment and believe it represents a small but significant way to better support those who give their time to serve our communities by ensuring that special constables can fulfil their duties without facing conflicts with their employment obligations. We would be sending a strong message of support for public service generally, as well, of course, as for special constables. So we are very minded to support this amendment.

My Lords, this has been an interesting debate—some might say “esoteric”, but not me— and indeed, thankfully, a slightly shorter one. I thank the noble Lord, Lord Hogan-Howe, for tabling Amendment 82, co-signed by the noble Lords, Lord Paddick and Lord Evans of Rainow. I am also grateful to the noble Lords, Lord Hogan-Howe and Lord Paddick, for meeting me, the Minister and the noble Lord, Lord Leong, earlier today to discuss this amendment. It was really helpful to have the opportunity to, as we heard from both noble Lords this evening, hear the background context to the work of special constables, how they are regarded within the force and how they are integrated within the forces in which they serve. Amendment 82 would give employees who are special constables a statutory right to time off from work to carry out their voluntary police duties. This Government recognise, as I think we all do across the House, and really value the important role that special constables play in our communities, and we are committed to ensuring that they are supported to navigate those responsibilities that they carry out as special constables alongside their working life. Special constables, along with the full range of police volunteers, bring valuable and diverse skills, which complement the roles that full-time officers and staff play in delivering the best possible service to the public in protecting our streets and making sure that our communities are safe.

21:45:00

The noble Lords are right to raise the issue. The entitlement to time off for public duties has existed for almost half a century, and it may well be time to consider whether updates are needed to reflect changes in our public services. Indeed, alongside special constables, there are other roles—such as on-call firefighters, St John Ambulance volunteers, RNLI voluntary lifeguards and police support volunteers—who have structured training and a formal public service responsibility and are not currently recognised under law. Noble Lords might agree that it would be slightly, if unintendedly, invidious to create a false division between the role of special constables and those other roles that exist in society. I think many people out in the streets would say, “Actually, they all do really good jobs”. We are all really grateful for the opportunity that they take to serve the public and protect and safeguard us in different ways.

However, I am acutely conscious that the changes to this entitlement may have broader implications for employers at a time when key regulatory reforms are under way through the Employment Rights Bill. At this stage, no assessment has been provided as to the number of people who might take up the leave entitlement. Introducing this entitlement without considering the impact on businesses and the potential number of employees who might need to take leave could lead to unforeseen and unmitigated challenges. Unfortunately, the amendment does not adequately evaluate these factors to ensure that any changes are sustainable and do not place undue burdens on employers.

The noble Lords, Lord Hogan-Howe and Lord Paddick, were rightly concerned about the number of special constables and how we can best increase it. Indeed, the Government recognise that there was a fall in the number of special constables over recent years under the previous Government. However, the evidence suggests that a range of factors could be contributing to the recent fall in applications for special constables—in short, it could be demand side and supply side. It is not clear at this stage whether this amendment would contribute to reversing the fall in numbers or, as I have said, what impact it would have on businesses.

However, to reassure the noble Lords, the Government are advancing a range of initiatives aimed at strengthening the special constabulary, in particular bolstering neighbourhood policing through improving diversity, as we have heard, embedding community policing in the communities—because so many of the special constables live in the communities that they help police—and creating pathways for long-term recruitment into formal police forces. As we have heard from the noble Lord, Lord Hogan-Howe, one in four special constables goes on to be full-time police men and women. We are introducing a neighbourhood policing guarantee, which will deploy thousands of additional police officers, police community support officers and special constables to our streets. This initiative aims to restore patrols in town centres across the country—and, indeed, our cities—thus enhancing community safety and security.

In addition, the employer supported policing scheme, led by the National Police Chiefs’ Council, has seen numerous organisations across various sectors commit to supporting their employees in serving as special constables. This initiative recognises the valuable opportunities that volunteering with the police provides for individuals to develop new skills and contribute to their local communities. The Home Office is collaborating with the NPCC to enhance the recruitment and retention of special constables. This effort includes the creation of a refreshed national citizens in policing strategy and the establishment of a national special constabulary working group.

In short, I hope that noble Lords will see from that quick canter through what the Government as a whole are doing that, although the Employment Rights Bill might not provide the satisfaction that the noble Lords, Lord Hogan-Howe and Lord Paddick, wish to see, it is certainly not the case that nothing is happening on the special constable front. In the light of this, and with the assurances that I have given the noble Lords, I hope that the noble Lord, Lord Hogan-Howe, feels able to withdraw his amendment.

My Lords, I thank the noble Lord, Lord Katz, and his colleagues for providing the meeting earlier for me and the noble Lord, Lord Paddick, and for the time they took, on a long Bill with many amendments, to spend some time with us. We both appreciated it. The Minister just said—he realised that I possibly might not agree—that it was invidious to draw distinctions between volunteers, but that is what happened with the employment Act in 2018, which distinguished between prison visitors and immigration. I see no reason why it cannot happen again, in principle. It does not seem to be a real problem. The Minister said that it is hard to establish how many people might use this right. However, we know that it is no more than about 5,000 people—there are so few of them—in a workforce of about 26 million, so it is not going to cause a massive disruption to employers and employees. On the voluntary arrangement with the NPCC whereby employers voluntarily give time off, the Minister will know that a survey established that about two-thirds of those who tried to use that scheme were unable to access it because their employers denied them that opportunity. That probably means that this right is particularly needed at the moment. Finally, although I was not aware of the Hong Kong example—which I guess has a little of the British tradition—there are not many, if any, places in the world where a police officer can be a volunteer and take all the risks and have all the powers. It is a unique thing in the UK. If you talk to officers from Australia or America, they say, “Let’s get this right: they pay them nothing and they take people on and try to arrest them?” They cannot believe it. It is a rare thing we have, and it would be a shame to lose it, but we are in the process of losing it. All that said, of course I am prepared, at this stage, to withdraw my amendment.

Amendment 82 withdrawn.

House resumed.

House adjourned at 9.51 pm.