Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 23 April 2013                  

410

 

Children and Families Bill, continued

 
 

“(c)    

the exercise or proposed exercise in relation to Wales of any

 

function of a UK Government Minister.”.’.

 


 

Inclusion of children in equality impact assessments

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

NC49

 

To move the following Clause:—

 

‘Section 149 of the Equality Act 2010 (Public sector equality duty) is amended as

 

follows—

 

“(1)    

In subsection (7) after “age” add “,with particular regard to children

 

under the age of 18.”

 

(2)    

After subsection (9) add—

 

“(10)    

The public sector equality duty set out in this section as it relates

 

to children shall apply in the formulation and implementation of

 

policy and in the formulation, promotion and implementation of

 

legislation.”.’.

 


 

Right to return to the same job after shared parental leave

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

NC50

 

To move the following Clause:—

 

‘(1)    

An employee who returns to work after any period of—

 

(a)    

ordinary maternity leave;

 

(b)    

ordinary adoption leave;

 

(c)    

paternity leave;

 

(d)    

shared parental leave of 26 weeks or less; or

 

(e)    

parental leave of four weeks or less, which was a period of isolated leave,

 

or a consecutive period of any statutory leave of 26 weeks or less is

 

entitled to return from leave to the job in which the employee was

 

employed before the employee’s absence.

 

(2)    

An employee who returns to work after any period of—

 

(a)    

additional maternity leave;

 

(b)    

additional adoption leave;

 

(c)    

parental leave of more than four weeks; or

 

(d)    

a consecutive period of any statutory leave of more than 26 weeks

 

    

is entitled to return from leave to the job in which the employee was employed

 

before the employee’s absence, or, if it is not reasonably practicable for the

 

employer to permit the employee to return to that job, to another job which is both


 
 

Public Bill Committee: 23 April 2013                  

411

 

Children and Families Bill, continued

 
 

suitable for the employee and appropriate for the employee to do in the

 

circumstances.

 

(3)    

The reference in subsections (1) and (2) to the job in which an employee was

 

employed before the employee’s absence is a reference to the job in which the

 

employee was employed—

 

(a)    

if the employee’s return is from an isolated period of statutory leave,

 

immediately before that period began,

 

(b)    

if the employee’s return is from consecutive periods of statutory leave,

 

immediately before the first such period.’.

 


 

Extension of other statutory rights to leave and pay

 

Lucy Powell

 

NC51

 

To move the following Clause:—

 

‘(1)    

In section 80A of the Employment Rights Act 1996 (Entitlement to ordinary

 

paternity leave: birth) subsection (1)(b) is repealed.

 

(2)    

Section 171ZA of the Social Security Contributions and Benefits Act 1992

 

(Entitlement: birth) subsection (2)(b) is repealed.’.

 


 

Father quota entitlement

 

Lucy Powell

 

NC52

 

To move the following Clause:—

 

‘(1)    

In Part 8 of the Employment Rights Act 1996 after section 80E there is inserted—

 

“80F  

Entitlement to father quota

 

(1)    

The Secretary of State may make regulations entitling an employee who

 

satisfies specified conditions as to the relationship with a child or

 

expected child or with the child’s mother to be absent from work on leave

 

under this section for the purpose of caring for the child.

 

(2)    

Regulations under subsection (1) shall provide that such leave shall be

 

taken before the end of the period of 56 weeks beginning with the date of

 

the child’s birth.

 

(3)    

Provision under subsection (1) shall secure that where an employee is

 

entitled to leave under this section in respect of a child he is entitled to at

 

least four weeks’ leave.”

 

(2)    

In the Social Security Contributions and Benefits Act 1992 after section 171ZT

 

there is inserted—


 
 

Public Bill Committee: 23 April 2013                  

412

 

Children and Families Bill, continued

 
 

“171ZTT 

father quota entitlement

 

(1)    

Regulations shall provide that where an employee is entitled to a father

 

quota of leave under Section 80F of the Employment Rights Act 1996,

 

the employee is to be entitled to payments known as “father quota pay”.

 

(2)    

Father quota pay under subsection (1) shall be at the earnings-related

 

weekly rate of 90 per cent of the employee’s average earnings for the first

 

six weeks in respect of which it is payable, followed by a fixed weekly

 

rate thereafter which shall not be less than the weekly rate of the full time

 

national minimum wage in respect of the remaining portion of the father

 

quota pay period”.’.

 


 

Statutory maternity pay for multiple births

 

Lucy Powell

 

NC53

 

To move the following Clause:—

 

‘(1)    

The Social Security Contributions and Benefits Act 1992 is amended as follows.

 

(2)    

In section 164 (Statutory Maternity Pay—entitlement and liability to pay) in

 

subsection (9) (power to make regulations) there is inserted—

 

“(b)    

specify circumstances in which there is a liability to make

 

additional statutory maternity payments to a woman who has

 

given birth to more than one child as a result of a single

 

pregnancy.’.

 


 

Extension of emergency leave entitlement to grandparents

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

NC54

 

To move the following Clause:—

 

‘In section 57A(3) of the Employment Rights Act 1996 insert after (d)—

 

“(e)    

a grandchild.”.’.

 



 
 

Public Bill Committee: 23 April 2013                  

413

 

Children and Families Bill, continued

 
 

Adjustment leave

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

NC55

 

To move the following Clause:—

 

‘(1)    

A qualifying employee who satisfies prescribed conditions may be absent from

 

work at any time during an adjustment leave period.

 

(2)    

An adjustment leave period is a period calculated with regulations made by the

 

Secretary of State.

 

(3)    

The regulations under subsection (2) shall include provision for determining the

 

extent of an employee’s entitlement to leave under this section but shall secure

 

that where an employee is entitled to leave under this section he is entitled to at

 

least six weeks’ leave.

 

(4)    

An employee who exercises his rights under subsection (1)—

 

(a)    

is entitled, for such purposes and to such extent as may be prescribed, to

 

the benefit of the terms and conditions of employment which would have

 

applied if he had not been absent,

 

(b)    

is bound, for such purposes and to such extent as may be prescribed, by

 

any obligations arising under those terms and conditions (except in so far

 

as they are inconsistent with subsection (1)), and

 

(c)    

is entitled to return from leave to a job of a prescribed kind;.

 

(5)    

For the purposes of this section, an employee is a qualifying employee if—

 

(a)    

he is the parent or carer of a disabled child or adult and his purpose for

 

applying for adjustment leave is to secure a temporary period of absence

 

to deal with a period of illness or diagnosis of disability of the cared-for

 

child or adult; or

 

(b)    

he is the bereaved parent of a child under the age of 18 and his purpose

 

in applying for adjustment leave is to secure a temporary period of

 

absence to deal with funeral and other arrangements due to the death of

 

his child.’.

 


 

Independent study: registration of births at children’s centres

 

Andrea Leadsom

 

Mrs Sharon Hodgson

 

NC56

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall commission an independent study of the likely

 

impact on the welfare of children of requiring births to be registered at children’s

 

centres.

 

(2)    

The Secretary of State may, by regulations, establish pilot schemes to trial the

 

registration of births within children’s centres, to inform the independent study

 

under sub-section (1).


 
 

Public Bill Committee: 23 April 2013                  

414

 

Children and Families Bill, continued

 
 

(3)    

In this section “children’s centre” has the meaning given by section 5A(4)

 

(Arrangements for provision of children’s centres) of the Childcare Act 2006.’.

 


 

Breastfeeding at work

 

Lucy Powell

 

NC57

 

To move the following Clause:—

 

‘(1)    

ACAS shall produce guidance that provides employers with information on the

 

role of women who wish to breastfeed their babies at work.

 

(2)    

The guidance shall include—

 

(a)    

the amount of time it would be reasonable to allow mothers to breastfeed

 

at work;

 

(b)    

information on the provision of facilities to do so;

 

(c)    

information on dealing with requests to do so in the workplace; and

 

(d)    

information on how to make it easier for women to return to the

 

workplace should they wish to breastfeed at work.’.

 


 

Child protection concerns and protected disclosures under the Employment Rights Act

 

1996

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

NC58

 

To move the following Clause:—

 

‘In section 43B of the Employment Rights Act 1996 (disclosures qualifying for

 

protection), insert the following—

 

“(1A)    

In this part where a disclosure of information raises child protection

 

concerns a “qualifying disclosure” means any disclosure of information

 

which, in the reasonable suspicion or concern of the worker making the

 

disclosure tends to show that a child has been abused or harmed, is being

 

abused or harmed or is likely to be abused or harmed.”.’.

 



 
 

Public Bill Committee: 23 April 2013                  

415

 

Children and Families Bill, continued

 
 

Arrangements to support child witnesses

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

NC59

 

To move the following Clause:—

 

‘(1)    

The Secretary of State shall by order introduce arrangements to establish

 

specialist courts in cases where a child has been sexually abused or harmed, and

 

where the child will be required to give evidence to the court, and to be examined

 

by the court.

 

(2)    

Arrangements made by order under subsection (1) above shall include

 

arrangements to appoint intermediaries to support child witnesses in all court

 

cases, and other measures to support child witnesses.

 

(3)    

Orders under this section—

 

(a)    

shall be exercisable by statutory instrument; and

 

(b)    

may not be made unless a draft of it has been laid before and approved by

 

a resolution of each House of Parliament.’.

 


 

Jo Swinson

 

279

 

Clause  110,  page  112,  line  37,  at end insert—

 

‘( )    

Section 96(3) and (4), so far as relating to paragraphs 3, 53 to 59 and 61 of

 

Schedule 7, extends to Northern Ireland.’.

 

 

Order of the House [25 February 2013]

 

 

That the following provisions shall apply to the Children and Families Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 23 April 2013.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.


 
 

Public Bill Committee: 23 April 2013                  

416

 

Children and Families Bill, continued

 
 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

ORDER OF THE HOUSE [15 APRIL 2013]

 

That the Order of 25 February 2013 (Children and Families Bill (Programme)) be

 

varied as follows:

 

In paragraph 2 of the Order (conclusion of proceedings in Public Bill Committee), for

 

‘Tuesday 23 April 2013’, substitute ‘Thursday 25 April 2013’.

 

 

Order of the Committee [5 March 2013]

 

[as amended on 18 april 2013]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 5

 

March) meet—

 

(a)  

at 2.00 pm on Tuesday 5 March;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 7 March;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 12 March;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 14 March;

 

(e)  

at 9.25 am and 2.00 pm on Tuesday 19 March;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 21 March;

 

(g)  

at 9.25 am and 2.00 pm on Tuesday 16 April;

 

(h)  

at 11.30 am and 2.00 pm on Thursday 18 April;

 

(i)  

at 9.25 am and 2.00 pm on Tuesday 23 April; and

 

(j)  

at 11.30 am and 2.00 pm on Thursday 25 April;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 5 March

Until no later

Department for Education;

 
  

than 10.00 am

Department for Business,

 
   

Innovation and Skills

 
 

Tuesday 5 March

Until no later

The Thomas Coram Foundation

 
  

than 10.45 am

for Children (Coram); Professor

 
   

Julie Selwyn, Professor of Child

 
   

and Family Social Work,

 
   

University of Bristol; TACT

 
 

Tuesday 5 March

Until no later

David Norgrove, Chair of Family

 
  

than 11.25 am

Justice Review and Chair of

 
   

Family Justice Board; Lord Justice

 
   

Munby, President of the Family

 
   

Division; Coram Children’s Legal

 
   

Centre

 
 

Tuesday 5 March

Until no later

Council for Disabled Children;

 
  

than 2.45 pm

Every Disabled Child Matters;

 
   

Special Education Consortium

 
 

Tuesday 5 March

Until no later

Achievement for All; Independent

 
  

than 3.30 pm

Parental Special Education

 
   

Advice; Institute of Education

 
 

Tuesday 5 March

Until no later

National Association for Special

 
  

than 4.15 pm

Educational Needs; The

 
   

Communication Trust; Association

 
   

of Educational Psychologists

 
 

Tuesday 5 March

Until no later

Association of Colleges; National

 
  

than 5.15 pm

Association of Head Teachers;

 
   

David Bartram, Assistant Head,

 
   

Lampton School, Hounslow

 
 

Tuesday 5 March

Until no later

Office of the Children’s

 
  

than 5.45 pm

Commissioner

 
 

Thursday 7 March

Until no later

Ofsted; Daycare Trust and the

 
  

than 12.15 pm

Family and Parenting Institute;

 
   

National Childminding

 
   

Association

 
 

Thursday 7 March

Until no later

Dr Roger Morgan, Children’s

 
  

than 1.00 pm

Rights Director of England;

 
   

Children England

 
 

Thursday 7 March

Until no later

Working Families; Fawcett Society

 
  

than 2.45 pm

  
 

Thursday 7 March

Until no later

Fatherhood Institute; Federation of

 
  

than 3.30 pm

Small Businesses

 
 

Thursday 7 March

Until no later

Association of Directors of

 
  

than 4.15 pm

Children’s Services; Barnardo’s

 

 
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Revised 23 April 2013