15:57 - The House divided: - Ayes: 244 / Noes: 311 - Question accordingly negatived.
16:13 - The House divided: - Ayes: 311 / Noes: 246 - Question accordingly agreed to.
The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Jenny Willott)
I thank the many Members who have spoken so passionately in the debate today. Almost all of us have heard tales of hardship from constituents who have worked in the pub industry. The need for action has been shown across the House. The hon. Member for Huddersfield (Mr Sheerman) appears to be the only one here who currently owns a pub, albeit closed, but there are clearly a number of Members who have an understanding of the industry.
Mr Sheerman
As my pub is soon to be crowdsourced, the hon. Lady can become a member.
Jenny Willott
I congratulate the hon. Gentleman on giving probably the best plug to his business, which has been mentioned four or five times in today’s debate—crowdsourcing will clearly not be a problem from now on.
A number of Members who have spoken have previously worked in the licensed trade, so they have been speaking from knowledge not only as constituency Members but as former licensees and so on, which has lent weight to the debate. My thanks go to the members of the Business, Innovation and Skills Committee and their Chair, the hon. Member for West Bromwich West (Mr Bailey). He and his predecessor, my hon. Friend the Member for Mid Worcestershire (Sir Peter Luff), have done crucial work over the years to raise awareness of this issue. I congratulate my hon. Friends the Members for Northampton South (Mr Binley) and for Leeds North West (Greg Mulholland) on their tireless work over a number of years.
Finally, I thank the wide range of people who responded to the Government’s consultation, including tenants, brewers, pub companies and their employees, interest groups, trade bodies, supply chain companies and consumers. Indeed, a number of Members from all parts of the House also submitted their views.
We have heard a number of stories from Members whose constituents are facing real hardship and adversity, which is clearly worrying. In his opening remarks, the hon. Member for Chesterfield (Toby Perkins) name-checked a large number of pubs that have been mentioned in previous debates, so I will not do the same. I would, however, like to highlight some of the Members who have given a passionate defence of pubs: my hon. Friends the Members for Leeds North West, for East Hampshire (Damian Hinds) and for Norwich North (Chloe Smith), the hon. Member for Huddersfield, my right hon. Friend the Member for Hazel Grove (Sir Andrew Stunell), the hon. Member for Clwyd South (Susan Elan Jones), my hon. Friend the Member for Tewkesbury (Mr Robertson), the hon. Member for Plymouth, Moor View (Alison Seabeck) and my hon. Friends the Members for Romsey and Southampton North (Caroline Nokes) and for Burton (Andrew Griffiths). That illustrates how important pubs are to a diverse range of communities across the UK. The constituencies about which Members have spoken today range from the urban to the rural and have very different issues, and that shows just how important pubs are.
As many Members have mentioned, over the course of a decade there have been four Select Committee investigations into the relationship between pub companies and their tenants and into whether a tied model causes an imbalance in bargaining power. The Government have received a large amount of correspondence from tenants about problems in their relationship with their pub company as well as from many hon. Members writing on behalf of constituents.
Although many pub companies behave well and some tenants have written in support of the tie, many others tell us that the tie arrangements with their pub companies are unfair and that a lack of transparency in particular causes a severe imbalance in negotiating power. Another issue that has been highlighted during today’s debate is the research commissioned by CAMRA based on self-reported income, showing that more than half of tied tenants earn less than £10,000 a year compared with only a quarter of those who are free of tie. The problems faced by tenants are real and clearly something needs to be done.
The Government consulted on the creation of a statutory code of practice to govern the relationship between large pub companies and their tenants and of an independent adjudicator to enforce the code. As a number of Members have highlighted, the proposals would represent a real step change for the industry, offering tenants the protection of a code of practice enshrined in statute and an independent and reliable body to which they could turn for assistance—[Interruption.]
The proposed code has at its core two important principles: the principle of fair dealing and the principle that a tied tenant should be no worse off—[Interruption.]
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. This has been a very important debate and everyone has been listened to quietly and with respect. There are far too many conversations going on and I cannot hear the Minister, who is speaking perfectly clearly. If Members are in the Chamber, they should be listening to the Minister. If they want to talk to each other, they should go outside.
Jenny Willott
Thank you, Madam Deputy Speaker. I completely agree; I have to say similar things to my children when they are bickering, as some Members appear to be today.
The two core principles at the heart of the code are fundamental. As the consultation made clear, there is a problem in the relationship between pub-owning companies and their tenants, and that was backed up by pretty much every Member who has spoken today.
Alison Seabeck
On the consultation and the Government’s work on the adjudicator role, have the Government come up with a figure for the cost of that adjudicator? That question was asked by Government Members.
Jenny Willott
As the hon. Lady will know, we are evaluating the responses and we will publish our response as soon as we can. That will give much more information about what we propose to do and the costs and impacts of those proposals.
Jenny Willott
I am afraid that I am very short of time and the hon. Gentleman has already intervened a number of times, so I will not.
The purpose of the consultation was to consider the proposals to address the problems in the relationship between pub-owning companies and their tenants, rather than to rehash the problems that we all know to be there. That leads me on to the response to the consultation; I emphasise again that the volume of responses we received was staggering, demonstrating the depth of feeling on the issue.
We received more than 1,100 written responses and more than 7,000 responses to the online questionnaire. One of those responses was 2,000 pages long, so the amount of evidence we have received is significant. That also shows that the situation is not as simple as some people have portrayed it, as illustrated by the speeches made by a number of Members today—not least those made by my hon. Friends the Members for Burton, for Tewkesbury and for East Hampshire and the hon. Member for Huddersfield. They raised concerns about what should be done to tackle the problems, including mentioning the views of the OFT, and highlighted that the matter is not simple but is far more complex than has been suggested by those on the Opposition Front Bench.
The responses to the consultation came from a wide range of interested parties. Since we published the responses online in December, they have been read several thousand times. If hon. Members have had the opportunity to look at even a little of the evidence that has been submitted—I am fairly sure that no one will have read the 2,000-page submission—they will see that views are often polarised on the degree and the nature of the problem, and what the best solutions would be. That has also been seen in today’s debate. The 2011 report of the Business, Innovation and Skills Committee noted that the evidence
“demonstrates a high level of acrimony within the industry and is littered with claims and counter-claims”,
which just shows that it is important to make sure that we get this right.
The breadth and depth of views expressed in the Chamber today and in the consultation help to illustrate what a complex issue this is, particularly if we aim to design a solution that is both effective and proportionate. As some hon. Members have highlighted today, the tie itself is not necessarily a problem; it is abuse of the tie that is the problem. Nor is the tie the only problem facing pubs, so finding the right solution is a complex matter.
As hon. Members have also highlighted, the Government had intended to publish their response to the consultation by the end of 2013. I know that those who are affected by the proposals, whether tenants or businesses, need clarity from us. This is, however, a complicated issue, and it is really important that we get the decision right. The excellent response to the consultation has created a broad evidence base upon which we can make our decision, and the evidence spans the range of proposals that we have discussed today, including the market rent only option, and puts us in a good position to make the right decision to ensure a fairer and more sustainable pubs industry.
We intend to publish the Government’s response to the consultation as soon as we can, but we are working to reach a proportionate solution that delivers greater fairness for Britain’s publicans. We believe fundamentally that a tied tenant should be no worse off than a free-of-tie tenant. The beer and pubs sector makes a significant and valuable contribution not only to our economy, although that has been highlighted in today’s debate, but also to the more intangible benefits of social cohesion and a sense of community. We want to support a fair and flourishing pub sector, which is why we removed the beer duty escalator, as has been mentioned by hon. Members, and reduced the tax on beer in last year’s Budget. It is also why we support the community right-to-buy scheme, which several hon. Members have mentioned today, and why we are giving £19 million to help communities to take advantage of the scheme.
By ensuring that tied tenants are treated fairly and putting an end to the abuses of the tied model, we will create a sustainable and fairer industry to enable pubs to remain as mainstays of our communities, and that will be good for publicans, pubs and the public.
Question put (Standing Order No. 31(2)), That the original words stand part of the Question.