House of Commons Public Bill Committee Proceedings

Session 2012 - 13
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Other Bills before Parliament

Public Bill Committee Proceedings: 25 April 2013
105

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

Withdrawn  NC49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

Not called  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 Proceedings: 25 April 2013
106

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

Not called  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

Not called  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 Proceedings: 25 April 2013
107

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

Not called  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

Withdrawn  NC54

To move the following Clause:—

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

“(e)
a grandchild.”.’.

Adjustment leave

Lisa Nandy

Mrs Sharon Hodgson

Not called  NC55

To move the following Clause:—

Public Bill Committee Proceedings: 25 April 2013
108

Children and Families Bill, continued

‘(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

Not called  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).

(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.’.

Public Bill Committee Proceedings: 25 April 2013
109

Children and Families Bill, continued

Breastfeeding at work

Lucy Powell

Withdrawn  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

Withdrawn  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.”.’.

Arrangements to support child witnesses

Lisa Nandy

Mrs Sharon Hodgson

Withdrawn  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.

Public Bill Committee Proceedings: 25 April 2013
110

Children and Families Bill, continued

(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.’.

Clauses 105 to 109 Agreed to.

Jo Swinson

Agreed to  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.’.

Clause, as amended, Agreed to.

Bill, as amended, to be reported.



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