sc601312.105-111

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
105

House of Commons

Tuesday 13th December 2005

Standing Committee Proceedings

Standing Committee A

Work and Families Bill

[first and second Sittings]

Mr Gerry Sutcliffe

Agreed to

That—

(1)
during proceedings on the Work and Families Bill the Standing Committee

shall (in addition to its first meeting at 10.30 a.m. on Tuesday 13th

December) meet—

(a)
at 4.00 p.m. on Tuesday 13th December;

(b)
at 9.00 a.m. and 1.00 p.m. on Thursday 15th December;

(c)
at 9.00 a.m. and 2.00 p.m. on Tuesday 20th December;

(2)
the proceedings shall be taken in the following order; Clauses 1 to 11;

Schedule 1; Clauses 12 to 15; Schedule 2; Clauses 16 to 20; new Clauses;

new Schedules; remaining proceedings on the Bill;

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 p.m. on Tuesday 20th December.

Norman Lamb

Withdrawn  10

Clause  1,  page  1,  line  7,  after ‘weeks’, insert ‘; but a woman taking maternity leave

who takes less than the maximum prescribed period is entitled to receive the same total

amount of statutory maternity pay that she would have received had she taken the

maximum prescribed period, paid so far as practicable by equal weekly instalments.” ’.

Clause Agreed to.

Norman Lamb

Not called  11

Clause  2,  page  1,  line  11,  after ‘weeks’, insert ‘; but a woman receiving statutory

adoption pay who takes less than the maximum prescribed period is entitled to receive the

S.C.A. Standing Committee Proceedings: 13th December 2005
106

Work and Families Bill, continued

same total amount of statutory adoption pay that she would have received had she taken

the maximum prescribed period, paid so far as practicable by equal weekly instalments.”’.

Clause Agreed to.

Kitty Ussher

Withdrawn  17

Clause  3,  page  2,  line  24,  after ‘child’, insert ‘and that the commencement date for

such leave is the same as the return to employment or self-employment of the child’s

mother.’.

Mrs Eleanor Laing

Not called  23

Clause  3,  page  2,  line  27,  leave out paragraph (a).

Norman Lamb

Not called  35

Clause  3,  page  2,  line  46,  at end insert—

‘(f)
limit the total number of days during a period of leave under this section

in which an employee may work for his employer without bringing the

period to an end.’.

Norman Lamb

Withdrawn  1

Clause  3,  page  3,  line  5,  at end add—

‘(10)
Regulations under this section shall be made by statutory instrument.

(11)
No statutory instrument containing regulations under this section may be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

Mrs Eleanor Laing

Not called  24

Clause  3,  page  3,  line  5,  at end add—

‘(10)
No regulations made under this section may be made unless a draft of the

intrument has been laid before, and approved by a resolution of, each House of

Parliament.’.

Clause Agreed to.

Norman Lamb

Not called  2

Clause  4,  page  4,  line  23,  at end add—

‘(11)
Regulations under this section shall be made by statutory instrument.

(12)
No statutory instrument containing regulations under this section may be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

S.C.A. Standing Committee Proceedings: 13th December 2005
107

Work and Families Bill, continued

Mrs Eleanor Laing

Not called  25

Clause  4,  page  4,  line  23,  at end add—

‘(11)
No regulations made under this section may be made unless a draft of the

intrument has been laid before, and approved by a resolution of, each House of

Parliament.’.

Clause Agreed to.

Clause 5 Agreed to.

Norman Lamb

Not called  12

Clause  6,  page  5,  line  45,  leave out ‘and’.

Norman Lamb

Not called  13

Clause  6,  page  5,  line  48,  at end insert ‘, and

(c)
provide that a person receiving additional statutory paternity pay who

takes less than the maximum prescribed period is entitled to receive the

same total amount of additional statutory paternity pay that he would

have received had he taken the maximum prescribed period, paid so far

as practicable by equal weekly instalments.’.

Norman Lamb

Not called  3

Clause  6,  page  6,  line  3,  at end add—

‘(5)
Regulations under this section shall be made by statutory instrument.

(6)
No statutory instrument containing regulations under this section may be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

Clause Agreed to.

Mr Gerry Sutcliffe

Agreed to  18

Clause  7,  page  6,  line  11,  leave out ‘adoption’ and insert ‘paternity’.

Norman Lamb

Not called  14

Clause  7,  page  6,  line  46,  leave out ‘and’.

Norman Lamb

Not called  15

Clause  7,  page  7,  line  3,  at end insert ‘, and

(c)
provide that a person receiving additional statutory adoption pay who

takes less than the maximum prescribed period is entitled to receive the

S.C.A. Standing Committee Proceedings: 13th December 2005
108

Work and Families Bill, continued

same total amount of additional statutory adoption pay that he would

have received had he taken the maximum prescribed period, paid so far

as practicable by equal weekly instalments.’.

Norman Lamb

Not called  4

Clause  7,  page  7,  line  9,  at end add—

‘(6)
Regulations under this section shall be made by statutory instrument.

(7)
No statutory instrument containing regulations under this section may be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

Clause, as amended, Agreed to.

Norman Lamb

Not called  5

Clause  8,  page  8,  line  4,  at end add—

‘(4)
Regulations under this section shall be made by statutory instrument.

(5)
No statutory instrument containing regulations under this section may be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

Clause Agreed to.

Mrs Eleanor Laing

Withdrawn  22

Clause  9,  page  8,  line  9,  leave out from ‘of’ to end of line 22 and insert ‘the

Commissioners for Her Majesty’s Revenue and Customs’.

Norman Lamb

Not called  6

Clause  9,  page  8,  line  22,  at end add—

‘(4)
Regulations under this section shall be made by statutory instrument.

(5)
No statutory instrument containing regulations under this section may be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

Clause Agreed to.

Norman Lamb

Not called  7

Clause  10,  page  9,  line  37,  at end add—

‘(11)
Regulations under this section shall be made by statutory instrument.

S.C.A. Standing Committee Proceedings: 13th December 2005
109

Work and Families Bill, continued

(12)
No statutory instrument containing regulations under this section may be made

unless a draft of the instrument has been laid before, and approved by a resolution

of, each House of Parliament.’.

Clause Agreed to.

Clause 11 Agreed to.

Mr Gerry Sutcliffe

Agreed to  19

Schedule  1,  page  17,  line  12,  leave out from beginning to ‘subsection’ and insert—

‘(1)
Section 171ZJ of SSCBA 1992 (Part 12ZA: supplementary) is amended as

follows.

(2)
In subsection (5), for “section 171ZE” substitute “sections 171ZE and 171ZEE”,

and

(3)
In’.

Norman Lamb

Not called  36

Schedule  1,  page  18,  line  36,  at end insert—

‘(d)
limit the total number of days during an ordinary maternity leave

period in which an employee may work for her employer without

bringing the period to an end.”.’.

Norman Lamb

Not called  30

Schedule  1,  page  18,  line  45,  at end insert—

‘(c)
may limit the total number of days during an additional maternity

leave period in which an employee may work for her employer

without bringing the period to an end.”.’.

Norman Lamb

Not called  31

Schedule  1,  page  19,  line  2,  leave out from ‘(2)’ to end of line 4 and insert—

‘(a)
may specify circumstances in which an employee may work for his

employer during an ordinary adoption leave period without bringing the

period to an end;

(b)
may limit the total number of days during an ordinary adoption leave

period in which an employee may work for his employer without

bringing the period to an end.”.’.

Norman Lamb

Not called  32

Schedule  1,  page  19,  line  13,  at end insert—

‘(c)
may limit the total number of days during an additional adoption leave

period in which an employee may work for her employer without

bringing the period to an end.”.’.

S.C.A. Standing Committee Proceedings: 13th December 2005
110

Work and Families Bill, continued

Mr Gerry Sutcliffe

Agreed to  20

Schedule  1,  page  20,  line  28,  leave out ‘or’.

Schedule, as amended, Agreed to.

Norman Lamb

Withdrawn  8

Clause  12,  page  10,  line  9,  leave out from ‘subsection (1),’ to end of line 18 and

insert ‘delete paragraph (b).’.

Norman Lamb

Not called  33

Clause  12,  page  10,  line  16,  leave out from ‘who’ to end of line 18 and insert ‘is

disabled, elderly or has a long-term illness and in respect of whom the employee has

caring responsibilities that have a substantial impact on his working life.’.

Norman Lamb

Not selected  29

Clause  12,  page  10,  line  18,  at end insert—

‘(c)
his purpose in applying for the change is to enable him to achieve a better

work-life balance.’.

Norman Lamb

Not called  9

Clause  12,  page  10,  line  19,  leave out from ‘subsection (2),’ to end of line 21 and

insert ‘, delete paragraph (d).’.

Norman Lamb

Withdrawn  34

Clause  12,  page  10,  line  22,  at end insert—

‘(4A)
If an employee described in subsection (2)(b)(ii) has made a successful

application under this section, he may make a further application to the same

employer for a review of the agreed flexible working arrangements within the

twelve month period beginning with the date on which the previous application

was made.’.

Mrs Eleanor Laing

Not called  26

Clause  12,  page  10,  line  29,  at end add—

‘(11)
No regulations made under this section may be made unless a draft of the

intrument has been laid before, and approved by a resolution of, each House of

Parliament.’.

Clause Agreed to.

S.C.A. Standing Committee Proceedings: 13th December 2005
111

Work and Families Bill, continued

Mrs Eleanor Laing

Withdrawn  27

Clause  13,  page  10,  line  33,  after ‘year’, insert ‘excluding United Kingdom public

bank holidays’.

Mr Jim McGovern

Not called  16

Clause  13,  page  11,  line  16,  at end insert—

‘(h)
make provision to ensure that where bank holidays are not honoured by

an employer each bank holiday day is replaced by another day of paid

holiday granted in lieu.’.

Mrs Eleanor Laing

Not selected  28

Page  10,  line  30,  leave out Clause 13.

Clause Agreed to.

Clauses 14 and 15 Agreed to.

Mr Gerry Sutcliffe

Agreed to  21

Schedule  2,  page  23,  line  20,  column 2, after ‘33 (3)’, insert ‘, 48 (2)’.

Schedule, as amended, Agreed to.

Clauses 16 to 20 Agreed to.

New Clauses

Limitation of right to claim unfair dismissal

Norman Lamb

Withdrawn  nc1

To move the following Clause:—

‘In the Employment Rights Act 1996 (c. 18) (in this Act referred to as “ERA

1996”) after section 74 insert—


“Limitation of right to claim unfair dismissal

In circumstances where—

(a)
an employer employs another person to carry out the duties of a

woman taking 52 weeks’ maternity leave, and

(b)
that person’s contract of employment is terminated in order to

permit the return to work of the woman taking 52 weeks’

maternity leave,