Work and Families Bill

I express my gratitude to the noble Baroness for tabling these amendments—I think. I guess this is a lesson that one has to be very careful what one says when it goes on the record. I hope I can deal with the points raised, but in any event I will write to the noble Baroness and other noble Lords participating today, so that these matters are clearly set down. Members of the Committee will be aware that this issue has been discussed in another place, but I am grateful for this opportunity to clarify that the additional paternity leave and pay regulations will be subject to the affirmative procedure, and the flexible working regulations will be under the negative procedure. We agree that the House should have the opportunity to consider the detail in the additional paternity leave and pay regulations, and for this reason we have made these provisions subject to the affirmative procedure. Paragraph 44 of Schedule 1 amends Section 236 of the Employment Rights Act 1996 to provide that regulations made under the new Sections 80AA and 80BB of that Act are to be made under the affirmative procedure. That covers regulations made under powers conferred under Clauses 3 and 4. Paragraph 22 of Schedule 1 amends Section 176 of the Social Security Contributions and Benefits Act 1992 to provide that regulations made under the new Sections 171ZEA and 171ZEE of that Act relating to additional statutory paternity pay are to be made by the affirmative procedure. This covers regulations made under the power set out in Clauses 6, 7, 8, 9 and 10. With regard to Clause 12 and the legislation on flexible working, I can confirm that the decision was taken on which procedure should apply during the passage of the Employment Act 2002. Parliament decided that the regulations dealing with procedural requirements should be subject to the affirmative procedure, while those dealing with eligibility complaints and remedies should be subject to the negative procedure. As a consequence of this Bill we are proposing to amend only the regulations concerning eligibility for the right to request, and therefore the negative procedure is the proper one. It is also worth noting that a full and detailed memorandum was submitted to the Lords Select Committee on Delegated Powers and Regulatory Reform setting out, in detail, the background to each delegated power in this Bill, including the power currently under consideration, and explaining why each given procedure was deemed appropriate. The Committee made various references to the delegated powers set out in this Bill in its 15th report, and did not consider it necessary to raise any objection to the use of the negative procedure. Our record on developing the right to request flexible working, from the original task force to the recent work and families consultation, shows our commitment to full consultation and debate. We will always consider the needs and views of all interested parties, whether unions, employees, employers, parent groups or carers’ groups, and we welcome and encourage the views of Members of both Houses. In January this year we launched a full public consultation on the detail of exactly which carers should be covered by an extension in the scope of the law. By talking to all stakeholders and carefully considering their views, we will ensure that the regulations are straightforward, easy to understand, and achieve our desired objective. However, notwithstanding what I have just said, which I am sure will go on the record, I reiterate that I will write to everyone here today so that they have this all clearly set out. I hope that has clarified matters at least a little.