Session 2012 - 13
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Public Bill Committee Proceedings: 23 April 2013          

72

 

Children and Families Bill, continued

 
 

Lucy Powell

 

Not called  313

 

Clause  91,  page  85,  line  24,  at end insert ‘or, the week the special guardian is

 

expected to be appointed or the week the child is expected to be placed in a family and

 

friends (kinship) care arrangement in prescribed circumstances;’.

 

Lucy Powell

 

Not called  314

 

Clause  91,  page  85,  line  26,  leave out ‘22C’ and insert ‘14A or 22C or placement

 

with a family and friends (kinship) carer in prescribed circumstances.’.

 

Lucy Powell

 

Not called  315

 

Clause  91,  page  85,  line  29,  leave out ‘22C’ and insert ‘14A or 22C or placement

 

with a family and friends (kinship) carer in prescribed circumstances.’

 

Lucy Powell

 

Not called  316

 

Clause  91,  page  85,  line  32,  after ‘section’, insert ‘14A or’.

 

Lucy Powell

 

Not called  317

 

Clause  91,  page  85,  line  32,  after ‘1989’, insert ‘or placement with a family and

 

friends (kinship) carer in prescribed circumstances’.

 

Lucy Powell

 

Not called  318

 

Clause  91,  page  85,  line  43,  at end insert ‘or the week the special guardian is

 

expected to be appointed or the week the child is expected to be placed in a family and

 

friends (kinship) care arrangement in prescribed circumstances.’.

 

Clause Agreed to.

 

Clauses 92 to 96 Agreed to.

 


 

Jo Swinson

 

Agreed to  280

 

Schedule  7,  page  171,  line  22,  leave out paragraph (a) and insert—

 

‘( )    

in paragraph (a), after “(6), (7)” there is inserted “, (7A) or (7B)”;

 

( )    

in paragraph (a), the words “or (8)” are repealed.’.

 

Jo Swinson

 

Agreed to  281

 

Schedule  7,  page  171,  line  28,  at end insert—

 

    ‘( )  

After sub-paragraph (7) there is inserted—

 

“(7A)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the placement or

 

expected placement of a child under section 22C of the

 

Children Act 1989, and


 
 

Public Bill Committee Proceedings: 23 April 2013          

73

 

Children and Families Bill, continued

 
 

(b)    

in relation to that child, the member satisfies the conditions

 

prescribed under section 171ZB(2)(a)(i) and (ii) of the

 

Social Security Contributions and Benefits Act 1992, as

 

modified by section 171ZB(8) of that Act (cases involving

 

the placing of a child by a local authority in England with a

 

local authority foster parent who has been approved as a

 

prospective adopter).

 

    (7B)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth or

 

expected birth of a child, and

 

(b)    

in relation to that child, the member satisfies the conditions

 

prescribed under section 171ZB(2)(a)(i) and (ii) of the

 

Social Security Contributions and Benefits Act 1992, as

 

applied by virtue of section 171ZK(2) of that Act (cases

 

involving applicants for parental orders under section 54 of

 

the Human Fertilisation and Embryology Act 2008).” ’.

 

Jo Swinson

 

Agreed to  282

 

Schedule  7,  page  171,  line  31,  at end insert—

 

‘2A(1)  

Paragraph 5B (schemes that contain unfair adoption leave provisions) is

 

amended as follows.

 

      (2)  

In sub-paragraph (4) (definitions), in the definition of “period of paid adoption

 

leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or (8)”.

 

      (3)  

After sub-paragraph (6) there is inserted—

 

  “(7)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the placement or

 

expected placement of a child under section 22C of the

 

Children Act 1989, and

 

(b)    

in relation to that child, the member satisfies the condition

 

in section 171ZL(2)(a) of the Social Security Contributions

 

and Benefits Act 1992, as modified by section 171ZL(9) of

 

that Act (cases involving the placing of a child by a local

 

authority in England with a local authority foster parent

 

who has been approved as a prospective adopter).

 

      (8)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth or

 

expected birth of a child, and

 

(b)    

in relation to that child, the member satisfies the condition

 

in section 171ZL(2)(a) of the Social Security Contributions

 

and Benefits Act 1992, as applied by virtue of section

 

171ZT(2) of that Act (cases involving applicants for

 

parental orders under section 54 of the Human Fertilisation

 

and Embryology Act 2008).” ’.

 

Jo Swinson

 

Agreed to  283

 

Schedule  7,  page  171,  line  31,  at end insert—

 

‘2B      

After paragraph 5B there is inserted—


 
 

Public Bill Committee Proceedings: 23 April 2013          

74

 

Children and Families Bill, continued

 
 

“Unfair shared parental leave provisions

 

5C  (1)  

Where an employment-related benefit scheme includes any unfair

 

shared parental leave provisions (irrespective of any differences on

 

the basis of sex in the treatment accorded to members under those

 

provisions), then—

 

(a)    

the scheme shall be regarded to that extent as not

 

complying with the principle of equal treatment; and

 

(b)    

subject to sub-paragraph (3), this Schedule shall apply

 

accordingly.

 

      (2)  

In this paragraph “unfair shared parental leave provisions”, in

 

relation to an employment-related benefit scheme, means any

 

provision—

 

(a)    

which relates to continuing membership of, or the accrual

 

of rights under, the scheme during any period of paid

 

shared parental leave in the case of any member who is (or

 

who, immediately before the commencement of such a

 

period, was) an employed earner and which treats such a

 

member otherwise than in accordance with the normal

 

employment requirement; or

 

(b)    

which requires the amount of any benefit payable under the

 

scheme to or in respect of any such member, to the extent

 

that it falls to be determined by reference to earnings during

 

a period which included a period of paid shared parental

 

leave, to be determined otherwise than in accordance with

 

the normal employment requirement.

 

      (3)  

In the case of any unfair shared parental leave provision—

 

(a)    

the more favourable treatment required by paragraph 3(1)

 

is treatment no less favourable than would be accorded to

 

the member in accordance with the normal employment

 

requirement; and

 

(b)    

paragraph 3(2) does not authorise the making of any such

 

election as is there mentioned;

 

            

but, in respect of any period of paid shared parental leave, a member

 

shall only be required to pay contributions on the amount of

 

contractual remuneration or statutory shared parental pay actually

 

paid to or for the member in respect of that period.

 

      (4)  

In this paragraph—

 

“the normal employment requirement” is the requirement that any

 

period of paid shared parental leave shall be treated as if it were a

 

period throughout which the member in question works normally

 

and receives the remuneration likely to be paid for doing so;

 

“period of paid adoption leave” has the same meaning as in paragraph

 

5B;

 

“period of paid paternity leave” has the same meaning as in paragraph

 

5A;

 

“period of paid shared parental leave”, in the case of a member, means

 

a period—

 

(a)    

throughout which the member is absent from work in

 

circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10)

 

applies, and


 
 

Public Bill Committee Proceedings: 23 April 2013          

75

 

Children and Families Bill, continued

 
 

(b)    

for which the employer (or if the member is no longer in that

 

person’s employment, his former employer) pays the member

 

any contractual remuneration or statutory shared parental pay.

 

      (5)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth of a

 

child,

 

(b)    

the member is the mother of the child, and

 

(c)    

the absence from work is not absence on maternity leave

 

(within the meaning of the Equality Act 2010).

 

      (6)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth of a

 

child,

 

(b)    

the member is a person who satisfies the conditions

 

prescribed under section 171ZU(4)(b)(i) or (ii) of the

 

Social Security Contributions and Benefits Act 1992 in

 

relation to the child, and

 

(c)    

the member’s absence from work is not absence during a

 

period of paid paternity leave.

 

      (7)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the placement of

 

a child for adoption under the law of any part of the United

 

Kingdom,

 

(b)    

the member is—

 

(i)    

a person with whom a child is placed for adoption

 

under the law of any part of the United Kingdom,

 

or

 

(ii)    

a person who satisfies the conditions prescribed

 

under section 171ZV(4)(b)(i) or (ii) of the Social

 

Security Contributions and Benefits Act 1992 in

 

relation to the child, and

 

(c)    

the member’s absence from work is not absence during—

 

(i)    

a period of paid paternity leave, or

 

(ii)    

a period of paid adoption leave.

 

      (8)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the placement of

 

a child under section 22C of the Children Act 1989 by a

 

local authority in England with a local authority foster

 

parent who has been approved as a prospective adopter,

 

(b)    

the member is—

 

(i)    

the local authority foster parent with whom the

 

child in question is placed under section 22C of the

 

Children Act 1989, or

 

(ii)    

a person who satisfies the conditions prescribed

 

under section 171ZV(4)(b)(i) or (ii) of the Social

 

Security Contributions and Benefits Act 1992, as

 

modified by section 171ZV(18) of that Act (cases

 

involving the placing of a child by a local authority

 

in England with a local authority foster parent who

 

has been approved as a prospective adopter), in

 

relation to the child, and


 
 

Public Bill Committee Proceedings: 23 April 2013          

76

 

Children and Families Bill, continued

 
 

(c)    

the member’s absence from work is not absence during—

 

(i)    

a period of paid paternity leave, or

 

(ii)    

a period of paid adoption leave.

 

      (9)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the adoption or

 

expected adoption of a child who has entered the United

 

Kingdom in connection with or for the purposes of

 

adoption which does not involve placement of the child for

 

adoption under the law of any part of the United Kingdom,

 

(b)    

the member is—

 

(i)    

the person who has adopted or expects to adopt the

 

child in question, or

 

(ii)    

a person who satisfies the conditions prescribed

 

under section 171ZV(4)(b)(i) or (ii) of the Social

 

Security Contributions and Benefits Act 1992, as

 

applied by virtue of section 171ZZ5(1) of that Act

 

(adoption cases not involving placement under the

 

law of the United Kingdom), in relation to the

 

child, and

 

(c)    

the member’s absence from work is not absence during—

 

(i)    

a period of paid paternity leave, or

 

(ii)    

a period of paid adoption leave.

 

    (10)  

This sub-paragraph applies if—

 

(a)    

the member’s absence from work is due to the birth of a

 

child,

 

(b)    

the member is a person who has applied, or intends to

 

apply, for a parental order under section 54 of the Human

 

Fertilisation and Embryology Act 2008 in relation to the

 

child, and

 

(c)    

the member’s absence from work is not absence during—

 

(i)    

a period of paid paternity leave, or

 

(ii)    

a period of paid adoption leave.” ’.

 

Schedule, as amended, Agreed to.

 


 

Lisa Nandy

 

Sharon Hodgson

 

Withdrawn  321

 

Clause  97,  page  89,  line  26,  after ‘take’, insert ‘reasonable’.

 

Lisa Nandy

 

Sharon Hodgson

 

Not called  323

 

Clause  97,  page  89,  leave out lines 29 to 31.


 
 

Public Bill Committee Proceedings: 23 April 2013          

77

 

Children and Families Bill, continued

 
 

Lisa Nandy

 

Sharon Hodgson

 

Not called  319

 

Clause  97,  page  89,  leave out lines 29 to 33.

 

Lisa Nandy

 

Sharon Hodgson

 

Not called  322

 

Clause  97,  page  92,  line  21,  after ‘take’, insert ‘reasonable’.

 

Lisa Nandy

 

Sharon Hodgson

 

Not called  324

 

Clause  97,  page  92,  leave out lines 25 to 27 and insert—

 

‘(2)    

In relation to a singleton pregnancy, an employee is not entitled to take time off

 

for the purpose specified in subsection (1) on more than two occasions and in

 

relation to a multiple pregnancy, an employee is not entitled to take time off for

 

the purpose specified in subsection (1) on more than six occasions.’.

 

Lisa Nandy

 

Sharon Hodgson

 

Not called  320

 

Clause  97,  page  92,  leave out lines 25 to 29.

 

Clause Agreed to.

 

Clauses 98 to 100 Agreed to.

 


 

Lucy Powell

 

Withdrawn  333

 

Clause  101,  page  108,  line  41,  at end insert—

 

‘(ca)    

subsection (8) is repealed.’.

 

Clause Agreed to.

 


 

Lisa Nandy

 

Mrs Sharon Hodgson

 

Not selected  336

 

Page  109,  line  1,  leave out Clause 102.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

Withdrawn  334

 

Clause  102,  page  109,  line  10,  leave out ‘If an employer allows an employee to

 

appeal’ and insert ‘Where an employee appeals’.


 
 

Public Bill Committee Proceedings: 23 April 2013          

78

 

Children and Families Bill, continued

 
 

Lisa Nandy

 

Mrs Sharon Hodgson

 

Not called  335

 

Clause  102,  page  109,  line  34,  leave out ‘where the employer allow the employee

 

to appeal’ and insert ‘where an employee appeals’.

 

Clause Agreed to.

 


 

Lisa Nandy

 

Mrs Sharon Hodgson

 

Withdrawn  337

 

Clause  103,  page  110,  line  10,  at end insert ‘or

 

(d)    

that the grounds for the employer’s refusal under 80G(1)(b) was not

 

applicable.’.

 

Clause Agreed to.

 

Clause 104 Agreed to.

 

[Adjourned until Thursday at 11.30 am


 
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