Ministerial and other Maternity Allowances Act 2021

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Ministerial and other Maternity Allowances Act 2021
Act of Parliament
Long titleAn Act to make provision for payments to or in respect of Ministers and holders of Opposition offices on maternity leave.
Citation2021 c. 5
Introduced byPenny Mordaunt, Paymaster General (Commons)
Lord True, Minister of State for the Cabinet Office (Lords)
Territorial extentEngland and Wales, Scotland and Northern Ireland
Dates
Royal assent1 March 2021
Commencement1 March 2021
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended
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The Ministerial and other Maternity Allowances Act 2021 is an Act of Parliament that allows ministers and paid opposition figures to take up to six months maternity leave at full pay.

History[]

It was announced on 4 February 2021 that the government was going to update the law to allow Attorney General Suella Braverman, who was expecting her second child, to take six months of maternity leave.[1]

The Act received Royal Assent on 1 March 2021. It was passed as introduced, except for that the gender neutral "person" was replaced with "mother" or "mother or expectant mother",[2] which came after some MPs complained.[3]

Adoption, shared parental leave, longer term sickness absence, unpaid ministerial roles and the position of backbench MPs are all set to be revisited before the summer recess.[4]

Mechanism[]

The Act creates a discretionary power for the Prime Minister and the Leaders of the Opposition in the House of Commons and House of Lords to grant certain office holders six months maternity leave at full pay.[5]

In the case of ministers, the Prime Minister may designate that person a Minister on Leave, an office which comes with the salary of that person's previous office (or current office if reshuffled) for up to six months.[6] Another person may then be appointed to the Minister on Leave's previous office.

In the case of opposition figures (Shadow Cabinet), the Act allows an additional person to be appointed to a paid opposition office for up to six months.[7]

Alternatives[]

Ministers have no rights of maternity leave, as their status and constitutional position means that they are not treated as workers or employees.[8]

Members of Parliament[]

The Act does not extend to MPs, for which it has been criticised;[3] backbench MPs are able to take informal maternity leave, but not all of their duties are covered during their absence.[3] The first "locum MP" job, to cover constituency work but not sit or vote in the House of Commons, was advertised in 2019.[9]

Ministers[]

The Ministerial Code also states that:

Ministers who wish to take maternity leave (of up to 6 months), or other extended absence from Government, must seek the permission of the Prime Minister. Where the Prime Minister agrees to such a request, the Minister must not exercise their functions as a Minister during their period of absence unless this is agreed by the Permanent Secretary and the Minister who is temporarily covering the Ministerial responsibilities.[4]

Several ministers have taken maternity leave, as early as in 2001.[4] However, the rationale behind the Act is that the caps on salaries and the number of ministers limits the capacity to create covering posts.[4] It is also said that the nature of Cabinet minister and Law Officer offices means that they could not take advantage of the route previously available to ministers.[4]

Criticisms[]

The Act has been criticised by Stella Creasy for not extending to MPs.[3] It has also been pointed out by Wendy Chamberlain that locum provisions are not yet available for male MPs on paternity leave.[3] Additionally, Yvette Cooper has argued that the Act does not include any provisions for male ministers to take longer paternity leave.[3]

James Hand, Reader in Law at Portsmouth Law School, University of Portsmouth, said that the House of Commons spent four hours over the bill, with significant time being devoted to the question of using gender neutral language.[4] Additionally, he has said that the Act does not provide a right for ministers to take maternity leave; it remains at the discretion of the Prime Minister.[4] He has also said that, under the Act, the minister has to technically vacate their office, contrary to the concept of maternity keeping-in-touch days, though as members of the government they can continue to be briefed.[4] Finally, Hand has said that the Act gives no guarantee that the Minister on Leave would revert to their original position when they return,[4] concluding "[t]his rushed provision, with its partial and in some ways retrogressive approach to maternity leave (in forcing the minister to leave their post), is attributable to the Attorney-General being set to take maternity leave within a month."[4]

List of Ministers on Leave[]

So far, the Act has only been used once.

List of Ministers on Leave
Minister Former office Designated Reinstated Ref.
Suella Braverman Attorney General for England and Wales 2 March 2021 [10]

References[]

  1. ^ "Maternity leave law change for Attorney General Suella Braverman". BBC News. 4 February 2021. Retrieved 3 April 2021.
  2. ^ "Ministerial and other Maternity Allowances Act 2021". parliament.uk. 4 March 2021. Retrieved 3 April 2021.
  3. ^ Jump up to: a b c d e f "Stella Creasy threatens legal action over paid maternity leave for ministers". BBC News. 11 February 2021. Retrieved 3 April 2021.
  4. ^ Jump up to: a b c d e f g h i j Hand, James (1 March 2021). "Ministerial Maternity Leave". UK Constitutional Law Association. Retrieved 3 April 2021.
  5. ^ Winchester, Nicole (19 February 2021). "Ministerial and other Maternity Allowances Bill: Briefing for Lords Stages". parliament.uk. p. 3. Retrieved 3 April 2021.
  6. ^ Ministerial and other Maternity Allowances Act 2021, ss 1(2), 2(1), 2(4)
  7. ^ Ministerial and other Maternity Allowances Act 2021, ss 4(1), 4(8), 5(1)
  8. ^ Winchester, Nicole (19 February 2021). "Ministerial and other Maternity Allowances Bill: Briefing for Lords Stages". parliament.uk. p. 2. Retrieved 3 April 2021.
  9. ^ "Stella Creasy: UK's first 'locum MP' to cover maternity leave". BBC News. 3 October 2019. Retrieved 3 April 2021.
  10. ^ "Ministerial appointments: 2 March 2021". gov.uk. 2 March 2021. Retrieved 11 March 2021.
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