Neonatal Care (Leave and Pay) Bill

Edward Argar Excerpts

2nd reading
Friday 15th July 2022 Commons Chamber

[Edward Argar (Charnwood) (Con)]

I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on introducing this hugely important Bill. It has been about four and a half years since I last spoke from the Back Benches; it feels a little unfamiliar, but it is right that I am doing it on a sitting Friday for private Members’ Bills. One of the great benefits of having recently become an ex-Minister is that I have the opportunity to speak in debates like this one and put my support behind such excellent private Members’ Bills.

It is perhaps somewhat surprising, but I welcome the fact that the Scottish National party is helping to implement a Conservative manifesto commitment for us. I do not think that that would happen very often, but it is a testament to this House’s ability to come together around issues that really matter. When people watch proceedings of this House such as Prime Minister’s questions, they often see the combative nature of politics. I encourage many more people to watch sitting Fridays, when the House comes together to deliver outcomes and legislation that genuinely make a difference to people’s lives. That is one reason why I am very pleased to be here today.

Another reason is the persuasive skills of my hon. Friend the Member for Castle Point (Rebecca Harris), who does an amazing job of encouraging all Members who are able to come in on a Friday to contribute to important debates such as this one. I welcome my hon. Friend the Member for Loughborough (Jane Hunt) to her place on the Front Bench; I very much hope that she will be there for many years to come.

The context of the Bill was ably set out by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East. One in seven babies requires neonatal care of some sort, and 50,000 babies a year require neonatal care in hospital for more than a week, so the need is stark. The hon. Gentleman mentioned a number of other factors—for example, the need to look at the support and accommodation available to families in hospital settings, including simple things such as catering facilities. I encourage my successor in the Department of Health and Social Care to bear that in mind as we look to build new hospitals and upgrade others.

The Bill goes to the heart of what is hugely important to these families, too many of whom are asked to choose between their livelihoods, work and obligations, and their time with their child. This debate reminds me of the debates we had on what is now the Parental Bereavement (Leave and Pay) Act 2018, which those who were Members of the House back in 2017 and 2018 will remember. In those debates, we talked about the fact that many businesses do the right thing and make support available, even though they are not compelled by statute to go as far as we will hopefully move towards today, but some do not, which is why it is right that we legislate through this Bill to put that right and fill the gap.

The Bill reminds me not only of those debates, but of our debates on the children’s funeral fund, for which the hon. Member for Swansea East (Carolyn Harris) campaigned. I was the Minister who put that in place. Again, that provision is hugely important. The two measures that I have outlined are in place for when the worst happens. Thankfully, today we are talking not about the worst happening, but about babies who need more neonatal care in hospital. However, there is a common theme that runs through the pieces of legislation that are already in place and this Bill: giving parents the time and space to be parents, to be with their children and to process what is going on, without at the same time having to worry constantly about what is happening to their job or their family finances.

[Christina Rees (Neath) (Lab/Co-op)]

I thank the hon. Member for all the help he gave me when he was a Minister; I am really grateful. I pledge my support to the Bill, because during lockdown I was blessed with two grandsons, and the provisions in the Bill would have made a huge difference to my daughter Angharad and her husband Ciaran—who we call “Shaky”, but that is another story!

[Edward Argar]

It was a pleasure and a privilege to work with the hon. Lady on a number of issues during my stint in the Department of Health. That goes to the heart of what I said about how much we can achieve in the House—how much is often not seen outside the House—by working across the Chamber, making changes that are often small but that genuinely make a huge difference to people’s lives.

We have heard that there is already a degree of statutory support available, such as the ability to request flexible working, which is welcome, but it does not go far enough and it does not address the challenge of businesses that choose not to do the right thing, not to be flexible and not to support such families.

I hugely welcome what the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East has brought before the House. Of course there are details to be worked out, and I hope that can be done speedily and efficiently in Committee. I am happy to volunteer to the hon. Gentleman that if I am still on the Back Benches when the time comes—in anticipation of a possible longer stint on the Back Benches—I would be happy to serve on the Committee for this important piece of legislation. It is hugely important: no family or parent should be forced to choose, or feel forced to choose, between having the space to be with their child in neonatal care, and their livelihood and job, yet there are currently parents who have to make that choice every day. That cannot be right, which is why I hugely welcome the hon. Gentleman’s Bill. I look forward to supporting the Bill today and, should he so wish, to serving on the Bill Committee to help ensure that we get the legislation on to the statute book as quickly as possible.

Employment (Allocation of Tips) Bill

Edward Argar Excerpts

2nd reading
Friday 15th July 2022 Commons Chamber

[Edward Argar (Charnwood) (Con)]

I very much welcome the Bill from my hon. Friend the Member for Watford (Dean Russell). As you will know, Mr Deputy Speaker, he is nothing if not persistent once he has a cause to pursue. I recall that he introduced this Bill in 2021, and as it did not proceed into law at that stage, he is back again and determined to get it through the House on this occasion. I am very happy to be here today to support him in that endeavour.

A lot of the speeches have focused on the hospitality industry—restaurants, bars and similar—but of course, as has been mentioned, this issue is drawn more widely than that and goes across the broader service industry of hairdressing, barbers and so on. A whole range of services are impacted by the issue that my hon. Friend is highlighting today.

Many of our constituents will be unaware, and would be surprised were they made aware, that there is no law—no statute—that directly addresses this issue, and that tips or service charges paid through the business are legally the property of that business. Therefore, it is down to the good will of that business or the approach of that business to ensure that tips get to the staff for whom they are intended. There is no statutory protection of that currently.

Yet as my hon. Friend and my hon. Friend the Member for Kensington (Felicity Buchan) have said, when any of us or any of our constituents go to a restaurant or the barber and pay a tip, we do it because we want to reflect to the members of staff who have provided exceptional service or courteous and friendly service to us that we recognise that service and want to reward them directly for it.

I take the point made by my hon. Friend the Member for Kensington, which is absolutely right, that this is not just about those who are front of house with whom we interact, but about the people in the kitchen, those doing the washing up, and a whole range of others who play a key part in the experience we have enjoyed. It is right that tips are distributed fairly among those who have played a role in our experience. None the less, we expect those tips or service charges to go to those people who have done the work for us, so I very much welcome the Bill.

My hon. Friend the Member for Watford was absolutely right to highlight throughout his speech the word “fairness”, and the Bill goes to the heart of that. It is about fairness to those who are providing the exceptional service and fairness to consumers who believe that the tips and service charges they are paying will go to those individuals. At this point, I should of course pay tribute to the campaigners and to the staff who do the amazing job. I also pay tribute—as the hon. Member for West Ham (Ms Brown), who is not in her place at the moment, highlighted—to Unite the union and others who have been pressing this issue.

When I first entered the House in 2015, this was one of the issues running hot in the news. At that stage, the evidence suggested that about two thirds of employers took some form of deduction from tips or service charges, and sometimes as much as 10%. Of course, there has been progress since then, which is very welcome. However, during the pandemic, people developed behaviours—I do not think they have changed subsequently —of paying for things less with cash and more with cards, therefore putting any tips or additional money through the business in that way. I think the Bill is very timely, and it is the right thing to do.

As has been set out, the Bill creates a legal obligation essentially to allocate tips fairly. Rightly, it does that through a statutory code of practice. That is the right mechanism because it allows for a degree of flexibility and the code to be developed in slightly slower time. There will be complexities, which hon. Members have highlighted, relating to businesses and how to define particular elements, so that is the right approach in such a complex landscape.

The other point highlighted is about people—staff and consumers—being aware. Transparency is vital in this space, so I welcome the inclusion, in the opening remarks from my hon. Friend the Member for Watford, of a written policy that gives people transparency and an understanding of what they can expect, but also—

[Jill Mortimer]

Does my hon. Friend agree that that is one of the greatest problems with this? Relatively recently, we have always had on bills an optional service charge that is anything but optional. Many people pay it without even really looking at it or considering it, and no one knows if the money goes where it is intended to go and should go. The Bill will make the very important change that we need.

[Edward Argar]

My hon. Friend is absolutely right. That goes to the heart of transparency and openness to the consumer but also to those working in this context. My hon. Friend the Member for Watford, in drafting and presenting the Bill, has, as ever, been diligent. He has set out the route to an employment tribunal, which will be an option, and given those tribunals the remedies they need to make redress, should they find a particular employer has not complied with both the spirit and the letter of the Bill and the code of practice.

From my understanding of the Bill, this is hugely important. The Bill has only 15 clauses, but they are important and tightly drafted. It addresses not just the passing on of tips and service charges without their being top-sliced and deducted, but the vital need for fairness in how they are distributed between staff.

I am absolutely delighted to support my hon. Friend’s Bill. It is about fairness to consumers, but most importantly fairness to the staff who day in, day out provide all of us with exceptional service. They have been through a challenging time. It is important that we recognise this in statute. I suspect many businesses do the right thing and it is always a shame when one has to legislate, but it is right, just as with the previous Bill we debated, to do the right thing by those who provide exceptional and courteous service to us. It is about the kind of society we wish to see and the approach we wish to see within that society. I welcome my hon. Friend’s Bill. He has my complete support and I very much hope that it will have a smooth and swift passage on to the statute book.