Neonatal Care (Leave and Pay) Bill

After such a smooth start, it is good to see you in your place, Madam Deputy Speaker. It provides me with an opportunity to thank you for and congratulate you on your flawless oversight and running of the private Members’ Bill ballot. Indeed, you showed impeccable taste even when picking numbers out of the hat. Seriously, however, you can be very pleased with the range of Bills before Parliament today.

I also welcome the new Minister, the Under-Secretary of State for Business, Energy and Industrial Strategy, the hon. Member for Loughborough (Jane Hunt), to her place and wish her well. I was grateful to meet her predecessor and his officials to discuss the Bill and work together on it, and I appreciate the new Minister having ensured that that work can continue in the week since her appointment. I hope that she is as enthusiastic about this Bill as both her predecessor and I am—I am sure she will be and, from our first discussions, I know that she definitely is.

We should all be enthusiastic about this brilliant Bill, which I know will make such a huge difference to tens of thousands of families each and every year. That is because it paves the way for the introduction of neonatal care leave and pay. I am grateful to all the hon. Members in the Chamber for being here to consider this proposal and, I very much hope, to support it. We will never be able to get rid of the stress, anxiety, doubts, questions and trauma that so many families experience when their baby is in neonatal care, but what we can and must do is help to relieve some of the practical and financial challenges that accompany that experience.

I am delighted to see the Bill come to the Floor of the House, and I know that other hon. Members have sought to bring it previously and have done a huge amount of work in this area. I hope that the Government put their full weight behind it. My constituent Coady Dorman does a lot of work with Bliss, as my hon. Friend will know. She had a premature son, Matthew. He is now thriving, but she spoke about the months she spent going to see him in neonatal care and how different the experience was, and how different maternity leave was after that. She told of the stress and strain of having to worry about money all during that time. My hon. Friend’s Bill will, we hope, take away some of that stress.

I am grateful to my hon. Friend for that intervention. Hearing about those experiences is precisely what has prompted my bringing this Bill forward today. Campaigns groups such as Bliss and The Smallest Things, which I will come to in a moment, have really driven this forward. As she alluded to, there are Members in the Chamber today with personal experience of having a baby in neonatal care, which makes them the best advocates for this cause so I am grateful for their participation. Many of them, such as my hon. Friends the Members for Glasgow East (David Linden) and for Paisley and Renfrewshire North (Gavin Newlands), and the hon. Member for Thornbury and Yate (Luke Hall), have been passionate and articulate campaigners for reform for a considerable time.

I am pleased to say that we are joined in the Gallery today by people from Bliss and The Smallest Things, representing families who have direct experience of the challenges around neonatal care; I am immensely grateful to them and so many other organisations and individuals for their help and support in taking this Bill forward and for the campaign they have been driving since long before I was elected to this place. I hope that the families with lived experience of neonatal care who are watching today will be satisfied that we have represented the issues they have faced, and are facing now, with the careful consideration and compassion they deserve.

The Office for National Statistics reports that an estimated 100,000 babies every year across the UK are admitted to neonatal care following their birth. Many of those babies spend prolonged periods of time on a neonatal care unit in a hospital as a result of being born prematurely or with other health conditions. That is, of course, an incredibly worrying and stressful time for parents, and their extended families. All our hearts go out to everyone who has found themselves in that position. Parents will naturally want to be able to focus their attention simply on getting through that period, supporting each other and their newborn. There is an emotional imperative to be with their babies, but there is also a practical one: those vulnerable, little children need their parents, and those parents need to be with their wee ones. As the charity Bliss has highlighted,

I commend my hon. Friend for bringing forward this really important Bill. I got in a taxi the other day that was driven by one of his constituents who said that his baby had spent nearly three months in hospital having been born prematurely. His employer was not at all helpful, so he had to go back to work after his two weeks’ paternity leave. It was incredibly stressful—everything my hon. Friend is talking about rings really true—and he ended up having to leave that employment because being with his wife and baby was far more important. That is why the Bill is so important for families.

I am grateful to my hon. Friend. There are employers out there who already provide this support for their employees, and they are to be commended. Unfortunately, though, as we have heard, there are too many who do not. Sometimes fathers are forced to use sick pay for extended periods, which is far from ideal, and on other occasions, as we have just heard, people are forced back to work.

At an incredibly distressing time when these families need each other the most, we should be doing what we can to support them and allow them to spend that precious and vital time with their babies. As Bliss has highlighted, the main reason why parents on maternity leave return to work before they are ready, and why parents taking paternity leave return to work while their baby is still in neonatal care, is financial pressure.

Bliss estimates that the additional cost of a neonatal stay is around £250 per week by the time we factor in travel costs, buying food and drink at the hospital, extra childcare, and even accommodation costs if the hospital is far from home. That is obviously a significant financial burden, and I am very glad that it was recognised by the Scottish Government when they established the neonatal expenses fund—now the young patients family fund—in 2018.

The Bill will create a new statutory leave and pay entitlement for the parents of babies receiving neonatal care. Employed parents who find themselves in this immensely challenging situation in the future will know that, as a minimum, they are entitled to time off work to care for their babies, and that they will not suffer any repercussions as a result. Crucially, the Bill will allow parents to have protected time off work to care for their children at such a difficult time.

I thank the hon. Gentleman for bringing the Bill forward. I want to express how I much I support what he is trying to do. As somebody who was employed when my wife, who is also a constituent of Broxtowe, had our twin children, who were six weeks premature and one of whom spent three weeks in neonatal care, I strongly support the hon. Gentleman’s Bill.

As I said, the best arguments come from those with direct experience—they are the most powerful advocates—so I am really grateful to the hon. Gentleman for staying behind this morning and lending his support.

As I said in response to the intervention from my hon. Friend the Member for Glasgow North West (Carol Monaghan), there are some brilliant, supportive and flexible employers out there, such as those who are signed up to The Smallest Things’ “Employer with Heart” charter. I take this opportunity to commend them and ask them to continue to support their employees when these circumstances occur. However, we all know that there are employers who are not as forward thinking—some cannot afford to be—and it is those employers, and the parents who work for them, that we will need particularly to consider when introducing the provisions of the Bill. In short, that is why neonatal care, leave and pay entitlement is not just desirable, but essential to protect and support parents at this very difficult time.

Let me explain to the House in a bit more detail what the Bill and the powers it sets up are designed to achieve. Much of the framework and terminology borrows from other related statutory rights ensuring consistency, compatibility and, hopefully, ease of implementation. I am grateful to parliamentary counsel for their work in drafting the Bill to reflect the important policy goals. Neonatal care, leave and pay will apply to parents of babies who are admitted into hospital at the age of up to 28 days and who have a continuous stay in hospital or in other agreed care settings of seven full days or more. It is intended that eligible parents will be able to take up to 12 weeks of paid leave on top of their other parental entitlements, such as maternity or paternity leave. Neonatal care leave will be a day one right—available to an employee from their first day in a new job. Statutory neonatal care pay, like other family-related pay rights, would be available to those employees who meet continuity of service and a minimum earning test.

I am genuinely delighted to rise to support the Neonatal Care (Leave and Pay) Bill. For me, as for other hon. Members and many families around the country, this is much more consequential than any political debate happening this week that might be receiving more attention. I could not be happier that we are here at Second Reading.

I sincerely thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for bringing forward the Bill and for introducing it in the way that he did. He spoke eloquently about some of the challenges facing parents, he outlined why the Bill is important, and he took us through some of its important elements. I know that he understands how important it is to many people. I also thank the hon. Member for Glasgow East (David Linden) for championing the Bill as chair of the all-party parliamentary group on premature and sick babies, and for helping us ensure that it got to Second Reading today.

Every year in the UK, tens of thousands of babies receive neonatal care. For the families of those babies, as we have heard, that can be life-changing. Neonatal care is the type of care that a child receives in hospital if they are born premature, at full term but with a condition or illness that needs medical attention, or with a particularly low birth weight. Rather than the families bringing their child home shortly after birth, the child is admitted to a specialist neonatal intensive care unit to receive the support that ensures that they have the best possible chance of survival—in some cases—and of quality of life.

There is a huge wealth of evidence that suggests that the more time that a parent spends with their child in NICU from as early as possible, the better their chances and outcomes. Crucially, this Bill will allow parents to take additional time off work when their child is in neonatal intensive care to ensure that they are no longer in the ridiculous and impossible position of having to choose between keeping their job or spending time with their child.

Once the Bill is enacted, neonatal leave and pay will be available to employees whose child spends more than one week on a NICU. It will provide up to 12 weeks’ paid leave for qualifying parents. Currently, parents of a child in neonatal care rely on the existing statutory requirements that we have already heard about so they can be off work with their child in hospital, which means that parents spend a proportion of their maternity or paternity leave with their child in hospital.

Babies who have spent a long time in hospital after birth are, of course, at an earlier stage in their development when their parent has to go back to work compared with their peers. That is particularly challenging for lots of mothers who want to spend that extra time at home with their child and for fathers and non-child-bearing parents who often go back to work when their child is still in hospital, sometimes still on ventilation and being fed through a tube. It is completely unacceptable. All that has only ever led in one direction: reduced parental involvement, huge pressure on families and a reduced opportunity for bonding at an early stage.

I am grateful to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) for bringing this important Bill to the House. It has such great support. My hon. Friend touches on an important point. My constituent got in touch about her experience when her child was in neonatal care. Her husband forwent his parental leave until after the baby came out of hospital, so that he could spend time with the baby at home. Those missing weeks really make a difference to the bonding and matter to the parents and the child, so I welcome the Bill.

My hon. Friend is absolutely right, because it only leads in one direction—parents being with their children less in hospital—and the main reason for that is simply that parents cannot afford to take the time off work. That is happening to the families of premature children every single day up and down the country.

For me, as for many other families and hon. Members present, this is personal. In my family’s case, I remember my wife being admitted to hospital 22 weeks into her pregnancy. She was told that she could give birth at any time and that she would have to stay in hospital for the duration of her pregnancy. We had to wait day by day hoping that she would stay in hospital and the pregnancy would continue.

I remember hoping that the late-night phone calls from the hospital at 2 o’clock in the morning were bringing good news rather than bad. I remember the incredible day that he was born at just 28 weeks. He weighed 2.4 lb—he was absolutely tiny—and stayed in NICU for 72 of the longest days I could possibly describe before coming home. It is important to say this, because, for so many families of premature children, this is a very, very long journey. It does not start the day the child is born. It does not start the first day or the eighth day; it starts often months beforehand. There is a huge mental toll, as we have heard already, on parents when they are in NICU with their child. We know that the mental health of the majority of parents suffers. Of course it does.

Parents, whatever the circumstances, want to be with their children when they are born. That is completely natural, but when your child is so small and so vulnerable, it is painful to be apart from them. You just want to be there. Too many parents have to sit with their children while they are in incubation worrying about whether they can afford to pay the bus fare home. We cannot allow that to continue and this Bill will play an important part in stopping that happening.

People were delighted when numerous parties made the manifesto commitment to introduce neonatal leave and pay. I would have loved this to be delivered two years ago through a Government Bill, but—I have to be honest—that does not matter to me today. All that matters is that the Government embrace this as the opportunity to deliver this important commitment that we have made with open arms.

On the Bill itself, I want to thank the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East and the Government for the way they have worked with us so far on this. I also thank the previous Minister, the hon. Member for Sutton and Cheam (Paul Scully), who gave so much time to talk to us about finding a vehicle to introduce this. I know that the new Minister will take up the cause with equal vigour.

I pay tribute to my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald). When I told him that he had come top of the private Member’s Bills ballot, he thought that I was just someone who was interested, notwithstanding what happened earlier. It was actually because I was so keen to see this Bill come forward. This is a Bill that I sought to introduce in 2018 via the ten-minute rule. It is a testament to how generous and warm my hon. Friend is that he has been presented with this opportunity by winning the parliamentary lottery. Many of us would like to see the private Member’s Bill process reformed, but I am incredibly grateful to him and will be forever in his debt that he has taken the Bill on.

Like my hon. Friend, I pay tribute to the former Minister, the hon. Member for Sutton and Cheam (Paul Scully). He and I have been discussing and meeting about this issue. I have questioned him on the Floor of the House for a very long time about it. It became clear that, in the absence of an employment Bill, the most sensible way of dealing with it, particularly given the cross-party support we have, was to decouple it and take this as a stand-alone Bill. I am glad we are going down that route.

I would like to pay tribute to and recognise a few other people, particularly Catriona Ogilvy from The Smallest Things, and Josie Anderson and Beth McCleverty from Bliss. I have been working with them for years on this, and the fact that we are finally seeing the Bill go through the House is a point of enormous pride. It is the culmination of many years of work by not just MPs, which I will come to in a moment, but, most importantly, parents whose children are born premature or sick.

This is actually politics at its best. It is no secret that I am not a fan of this place, and I do everything every single day to try to get out of here, but if the House will indulge me for one moment, this is probably one of the best moments we have had here, because we are seeing politicians coming together, putting party politics aside and using their personal experience.

I congratulate my hon. Friend on the excellent work he has done over many years on this issue. My own chief of staff, Stephanie, had her twin girls—Abi and Jessica—during the deepest, darkest lockdown of the winter of 2020. She had the pressure of having two premature babies, being quite ill and having to go in and out of the neonatal unit. So much of what he says rings true, and I hope I did what I could as an employer, but I felt that my hands were tied by the rules of this place. I remember trying to give her all the support I could, but her partner worked offshore and had to go back offshore; he could not even be in the same place as her after that. Does my hon. Friend agree that everything he says and everything this Bill brings forward will be so important to our constituents, our staff and staff the length and breadth of the country? It should not be left up to individual businesses to make policies; this needs to be in legislation.

My hon. Friend makes a good point. As well as reforming some of the issues around proxy voting in this place, which I accept impacts only a small amount of us, the Independent Parliamentary Standards Authority, which is responsible for setting many of the policies and conditions on how Members of the House employ staff, could do a lot more not just on guidance but to reform the rules.

There are a number of good employers out there—I have mentioned them already—but one thing we saw as a result of the P&O scandal is that, sadly, far too many employers are too tempted to gild the lily, cut corners and undercut their staff. I am conscious that there is cross-party consensus this morning, but I will not depart from the belief that the sooner we have an employment Bill before the House, the better so we could try to deal with some of the other issues, such as the excellent proposition on miscarriage leave made by my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley). It is important that the Minister considers how we could bring forward an employment Bill. However, ultimately, this Bill will end the lottery that far too many employees across these islands have to deal with. I agree with the hon. Member for Thornbury and Yate about the need to expedite the Bill. I still have a concern that, although the Bill will be read a Second time today, we should get it into Committee as soon as possible, and to the Lords. My preference would be to do all stages on the Floor of the House. There is precedent for that. Given the immense cross-party agreement on this, we could get the Bill through in a couple of hours.

I put a direct challenge to whoever the two final candidates are for Prime Minister. I understand that whoever becomes Prime Minister will be enormously tempted to call a snap election. The danger with doing that is that the House would prorogue and the Bill would not receive Royal Assent. I would like a commitment from both candidates that they will not play fast and loose with that.

I, too, congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on this important Bill. As chair of the all-party group on maternity, I know all too well that more support is needed for parents and babies in neonatal care, including statutory pay and leave. I am proud that the UK already has a range of policies in place to support parents to balance work and family life, including family-related leave and pay entitlements, the right to request flexible working, and protections from detriment for parents seeking or taking time off work to care for their families. However, it has become increasingly clear through national consultations and my work chairing the all-party group that we should be offering even more support to parents whose babies are in neonatal care. That was a key pledge in our 2019 manifesto and I am delighted to support the Bill.

Although I do not have a neonatal care unit in my constituency, our midwives at the Rowan suite in Hartlepool are superb. They are some of the most caring and loving people I know. Still, no care, however brilliant, can truly beat that provided by parents themselves. Parents whose babies are in neonatal care should be able to spend as much time as possible by their baby’s side. Holding them in their arms, feeling that tiny heartbeat, stroking the first hairs on their head should not be overshadowed by worries about work and pay. We all know that this skin-to-skin contact in the first weeks following birth is essential to ensuring better outcomes for babies and their parents. Long periods of direct care by parents can improve breastfeeding rates, increase weight gain, improve infant reflexes, lead to better motor development, and reduce pain during invasive procedures.

However, too many parents are excluded from that direct care. As my hon. Friend the Member for Thornbury and Yate (Luke Hall) and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East said—I thank them for sharing their emotional stories—it is a particular problem for fathers. With only two weeks of paternity leave available, 66% of fathers have to return to work long before their babies are well enough to come home. In fact, in around 70% of families with a significant neonatal stay, one parent had to return to work while their baby was still being cared for in hospital—often in another city many miles away.

Although mothers are entitled to longer leave than fathers, many mothers also have to return to work before they should. This is because mothers whose babies are in neonatal care use weeks or months of their maternity leave while they are still in the hospital. When their baby comes home, mothers may only have a few weeks with their baby before their statutory maternity pay comes to an end. It is simply not right that mothers must return to the workplace when their baby has only just left neonatal care.