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Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008

I thank noble Lords for their contributions and questions. With respect to the question on impact assessment, there is a cost of £162 million, including the adoption. That is a cost that amounts to approximately £125 per firm employing people. We understand and, I believe, share a passion with the noble Baroness about better regulation. However, it would be interesting to note the benefits around the importance of the role that women play in the labour market. In encouraging women into the labour market, we face productivity challenges; we have high levels of employment and a tight labour market, and it is very important that women continue to participate in that. The noble Baroness may be interested to know that, while women’s employment rights have increased, the evidence shows that their participation in the labour markets has also been increasing. Compared with 1971, when they made up 38 per cent of the workforce, women are now 45 per cent of the workforce. Female employment rates in 1971 were 42 per cent and are now 70 per cent. That is among the highest in the EU, although the maternity entitlement is also the longest. But of course there is a balance to be struck and a legitimate discussion to be had to ensure that we are not complacent or introducing rigidities into the labour market. On the noble Baroness’s question on gold-plating, this amendment followed a case in the High Court, in which we were considered to have underimplemented and were therefore required to implement. I strongly refute the suggestion that we zealously gold-plate or overimplement regulations. On affordability, the noble Baroness will be aware that small and medium enterprises are entitled to recover 104.5 per cent of statutory maternity pay from the state. In the terms of employment, if they choose to give further maternity pay, they will be considering their own affordability issues. The noble Lord raised an interesting question, which also came up in another place in yesterday’s debate. The Minister responsible for employment essentially said that there was a legitimate debate to be had about flexibility in paternity leave. It is important to recognise that maternal leave is set out in this way because the health of the mother is a factor, particularly in the early period after her baby is born, but adoption leave can be taken by either parent because that is not relevant. There is a debate to be had about the flexibility of maternity leave after a certain time. We also have to consider predictability for employers and their legitimate interest in this. Therefore, in 2006 the Government extended notice periods to support businesses in this matter. I hope that that answers the questions that I was asked. I commend the regulations to the Committee. On Question, Motion agreed to.