Enterprise Bill [Lords]

Wednesday 9th March 2016 Commons Chamber

[2nd Allocated Day]

Further consideration of Bill, as amended in the Public Bill Committee.

[Mr Speaker]

As I informed the House yesterday, my provisional certificate, based on changes made in Committee and expected Government amendments tabled for Report stage, is available in the Vote Office and on the Bills before Parliament website.

At the end of the Report stage on a Bill, I am required to consider the Bill as amended on Report for certification. At that point—later today—I will issue my final certificate.

Clause 33

Extended Sunday opening hours and Sunday working

14:50

[Mr David Burrowes (Enfield, Southgate) (Con)]

I beg to move amendment 1, in page 50, line 33, leave out subsections (1) to (4).

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 19, in page 51, leave out lines 3 to 13 and insert—

2A (1) The Sunday trading authority for an area may publish a notice (a “consent notice”) in accordance with this paragraph providing for large shops in tourist zones (as defined in sub-paragraph (2)) in the authority’s area to be permitted to do either or both of the following—

(a) to open on Sundays falling between 21 March and 1 October and on the three Sundays before Christmas Day for a continuous period of whatever number of hours is specified in the notice (in addition to the continuous period of six hours mentioned in paragraph 2(3)),

(b) to open on Sundays falling between 21 March and 1 October and on the three Sundays before Christmas Day at specified times beginning earlier than, or ending later than, the times mentioned in paragraph 2(3).

(2) A consent notice published by a Sunday trading authority may only apply in relation to those parts of the authority’s area that is a “tourist zone” which is defined as—

(a) a retail area where tourists from outside the United Kingdom are responsible for a significant proportion of the retail sales, or

(b) a leisure and retail area, such as a coastal resort, which a significant number of tourists from outside the local authority area visit

and in deciding what is significant in either case the local authority shall have regard to guidance issued by the Secretary of State.”

This amendment would allow the relaxation in Sunday opening hours for larger shops to apply between Easter and the end of September and before Christmas to areas that attract significant numbers of tourists, such as central London and coastal resorts.

Government amendments 2, 13 and 14.

[Mr Burrowes]

Amendment 1 is in my name and those of 24 of my right hon. and hon. Friends, as well as hon. Members from across the House. I think seven different parties have signed up to the amendment. I could not quite convince the UK Independence Party Member to unite with me on the amendment, although I may continue to try to persuade him if he attends the debate. Nevertheless, there is significant cross-party support for the amendment.

In many ways, I would prefer not to be here; I am sorry that we have to deal with this issue. We are having to do so not least because the proper procedure has not been followed, but also because of the issue of substance around Sunday trading. Some hon. Members will remember debates on the matter in the ’90s and the ’80s, which took up a considerable amount of the House’s time and attention. The previous time the matter came before the House, it took some two years of debate to reach the compromise that we reached. We have some three hours today either to unpick that settlement or, as I seek to do in the amendment, to delete the Government’s provisions.

Let us remind ourselves of what the Bill is about, and how Sunday trading fits into it. As I understand it, when it first came to the House, the Bill’s aims were clear. They were to

“make sure that Britain is the best place in Europe to start and grow a business and that people who work hard have the opportunity to succeed”

and to

“cut red tape for business, encourage investment in skills, and make it easier for small firms to resolve payment disputes by setting up a Small Business Commissioner”.

So say all of us, or certainly those of us on the Government Benches. The Bill is important, and I support it up to the point of its conclusion about Sunday trading.

[Sir Greg Knight (East Yorkshire) (Con)]

Will my hon. Friend tell us why he is opposed to what the Government are seeking to do, which, as I understand it, is permissive, not mandatory?

[Mr Burrowes]

If my right hon. Friend will be patient, the purpose of my speech is to explain the reasons why I oppose the Government. We need to look at where the Government are taking us, even though they are trying to get there through a permissive, devolutionary approach. It is based on the premise that the deregulation of Sunday trading is good for small businesses, families and workers. We need to look at that premise. Deregulation is a one-way valve that local authorities would have the option of taking. I know that many Conservative Members are pure localists, who might want the decision about whether to restrict or deregulate Sunday trading to be a purely local one. The Government make the case that this is good for small businesses, but I object to that. I want to look at the way in which the Government have approached the question and carried out the consultation.

[Mr Stewart Jackson (Peterborough) (Con)]

I thank my hon. Friend for his speech and his strong leadership on the matter. Does he agree that the Government’s case would be more compelling had they abided by the undertaking that the Minister has twice given to publish the impact assessment, which we are led to believe is positive and favourable? So far, the Government have not done so.

[Mr Burrowes]

The impact assessment has been published today. That is important. The Bill has already received some scrutiny in Committee. The Sunday trading proposals were introduced in Committee; they were not in the Bill on Second Reading. The Bill started not in this place but in the House of Lords. Therefore, the Sunday trading measure received no scrutiny in any of the stages in the House of Lords.

Following the consultation, we were promised that the impact assessment would be published, as we would expect with any measure, not least such an important and controversial one. The impact assessment was published today, and it includes several paragraphs about the family test, for which I and others have asked for some time. Back in October, I asked when the family impact test would be published, and I was told that it would be published before the Committee stage. In February, I asked again when it would be published, and I was told that it would be published alongside the Government’s consultation response. That did not happen. After that, I was told that it would be published shortly. It has been published today. I do not think that is acceptable.

[Toby Perkins (Chesterfield) (Lab)]

I pay tribute to the hon. Gentleman for his consistency on this subject. He stood for election in May. He will have known that some Conservative Members would have liked to bring forward such a measure. He must have been reassured that it was not in the Conservative manifesto. As a democrat, how would he be able to face his constituents if he had chosen to vote for the measure, given that his views are so well known and that the Conservative party had not put it in its manifesto?

[Mr Burrowes]

I am a lawyer by profession, and I believe that the hon. Gentleman has asked me a leading question. Plainly, the measure was not in the manifesto. Not only that, but the Prime Minister confirmed on 20 April 2015, in the middle of the campaign, in a letter to the “Keep Sunday Special” campaign:

“I can assure you that we have no current plans to relax the Sunday trading laws. We believe that the current system provides a reasonable balance between those who wish to see more opportunity to shop in large stores on a Sunday, and those who would like to see further restrictions.”

That pretty much sums up my position, on which I have been consistent. The Prime Minister appeared to share my position back in April.

[Robert Jenrick (Newark) (Con)]

I hope that my hon. Friend knows that I have enormous respect for him and for his campaigns on many issues, on which I have worked with him, but does he not agree that we should just trust our constituents to make up their own minds? In life, we all have to find our own balance, and we are all capable of deciding whether we work or shop on a Sunday. That is not the most complicated decision that our constituents will make in their lives. Will not my hon. Friend trust his constituents to make wise decisions for themselves and their families?

[Mr Burrowes]

I am grateful to my hon. Friend for his intervention. I saw that “but” coming. We have a job to do in Parliament. We do not simply devolve every decision out to our constituents. We should listen to our constituents. I am not sure whether he has looked at his mailbag, but I have looked at mine, and many shop workers, faith groups and others have asked me, “Why are we doing this? Why are we trying to unpick something that is fairly settled, even if it is not perfect?” I have listened to my constituents. We have important principles as well. The Sunday trading arrangement is complex, and it is our duty to look at it carefully, to consult widely and to scrutinise it fairly. None of those things has happened to the extent that they did in the ’90s and ’80s. It should not surprise us that there is a lot of cross-party concern. I would agree with my hon. Friend if this were a wholly devolving measure, but it is not. It is based on a principle that we would have to sign up to.

[Mr Jim Cunningham (Coventry South) (Lab)]

Will the hon. Gentleman give way?

[Mr Burrowes]

In a moment. When we make this decision here in Parliament, everyone who votes against amendment 1 will have to agree with the premise that deregulation is good for businesses, families and workers. Members have to make this decision; we cannot simply devolve it to local authorities.

That is the premise of the case that the Government are making today.

[Several hon. Members rose—]

[Mr Burrowes]

I will give way to my constituency neighbour.

[Joan Ryan (Enfield North) (Lab)]

I am pleased to be a signatory to the amendment tabled by the hon. Gentleman, who is my neighbour, and to support him. As I am sure he knows, some 49% of retail workers surveyed are parents or carers, and their Sunday is special to them. In relation to what has been said about trusting our constituents to make their own decision to work, I am sure my neighbour knows that even in workplaces that have trade union reps to support members, many staff are pressured into not using the Sunday opt-out. In fact, something like a third of shop workers are pressured into working on Sundays, or they will have their working hours cut.

[Mr Burrowes]

I am grateful to the right hon. Lady, who is included in the unholy alliance that, as I have mentioned, has come together on my amendment. She makes a very good and important point. We may have a choice about whether to go to church, shop or spend time with our families. We need to be a voice for people who do not have such a choice, perhaps because of caring or work responsibilities. We need to be very careful about imposing further requirements or obligations on them. That is important, and it is why we suggested having a family impact test. The impact assessment has been published today. The Government twice in parliamentary answers promised me they would do that. We must take the impact on families seriously, as the right hon. Lady says.

15:03

[Mr Jim Cunningham]

There is another facet to this issue. One the one hand, the Government say that they are trying to save high streets, but on the other hand, the Bill will only strengthen the supermarkets and will therefore have an effect on high streets. Worse still, employers have ways to force workers to work extra hours on a Sunday. All those who have ever worked in industry know the tricks.

[Mr Burrowes]

I will come on to that point. The Government have made the case that the Bill will support high streets and deal with the challenges of online shopping and the like. However, to go back to the campaign, when my hon. Friends and other Members were campaigning up and down their high streets—my constituency is full of high streets, like many other constituencies—was this mentioned to them? I do not remember that happening. In fact, only one large outlet, Asda, mentioned it. The rest did not once say that the way to rebuild and regenerate high streets was to deregulate Sunday trading. In fact, they wanted business rates, car parking and things such as that to be sorted out.

I do not need to rely only on what my constituents are saying. Let me look at the Government’s review, which was a proper review, into how we can regenerate and improve the high street. If we page through that substantial review, we will not see a big case being made that the one way to regenerate the high street is to deregulate shopping hours for large shops. That will threaten small businesses.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Will the hon. Gentleman give way?

[Jim McMahon (Oldham West and Royton) (Lab)]

Will the hon. Gentleman give way?

[Mr Burrowes]

Let me take my pick. I give way to the hon. Member for Denton and Reddish (Andrew Gwynne).

[Andrew Gwynne]

Is it not misleading for the Government to describe this as a devolution measure? Is it not simply a fact that the moment one council adopts these powers, every neighbouring council will be forced to follow suit?

[Jim McMahon]

rose—

[Mr Burrowes]

Was that the hon. Gentleman’s point as well? I give way to him.

[Jim McMahon]

I thank the hon. Gentleman for allowing me to intervene, because this follows on smoothly from the previous intervention. Before Christmas, I was a member of the Greater Manchester Combined Authority, which the Government consulted on the devolution of Sunday trading powers. I can categorically say that those powers were not asked for or requested; they were forced on that body.

[Mr Burrowes]

There will be the inevitable domino effect of a race to the bottom if local authorities get hold of the powers. We should not just see this as a matter that can be left to local authorities. The Government have said that this provision is good for high streets, businesses, shop workers and families.

[Several hon. Members rose—]

[Mr Burrowes]

I will carry on for a moment.

The Government are making the case for devolving such powers and they must be held to account for it—it is for them to make that case—but the reality is that the substance of their case does not meet the high threshold required to justify unpicking the complicated Sunday trading laws.

[Several hon. Members rose—]

[Mr Burrowes]

I will give way to a Member on the Conservative Benches.

[Mark Field (Cities of London and Westminster) (Con)]

I am sure that those who know my hon. Friend would agree that it is very rare for him to be in any sort of unholy alliance. I am very much of the view that the compromise made 30 years ago has worked fairly well. Does he not recognise that there is no sense of imposition? As my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) rightly pointed out, the approach is a permissive one. In my constituency, which I accept is a relatively exceptional one in the centre of a city, there would certainly be a demand, particularly during times when we have a high number of tourists, for local authorities to give such permission, but that would be up to local authorities to manage. This is quite a good compromise, given the great changes that have taken place in shopping patterns in the past 30 years, not least with the internet.

[Mr Burrowes]

I hear that point. Throughout this process, I have been open to such a debate, and I know that the large shops in the west end, such as Harrods in Knightsbridge, have made a strong case for opening for longer for tourists. That is part of the Government’s economic case, but I do not think it is substantial enough. It is based around the New West End Company model in particular. However, research by Oxford Economics and others shows that we must look at the economic impact more widely, not simply at the benefits for larger businesses. Hon. Friends and hon. Members know that we should not just listen to big business; we are concerned about shop workers and small businesses, and it is important to say that the impact on them should not be underestimated.

[Several hon. Members rose—]

[Mr Burrowes]

I give way to a new face and a new voice.

[Richard Fuller (Bedford) (Con)]

I am not that new. Can my hon. Friend knock on the head the point that Conservative Members are making about permission? The issue is not about the fact that permission is given; it is about who will exercise that permission. The permission will be exercised by local authorities, but do individual shop workers who wish to run their own store six or seven days a week have such a right of permission?

[Mr Burrowes]

That is an important point. This is not simply about providing local councils with such powers, because our duty goes much further. We need to look further than simply at whether councils want this or not—whether 100, 200 or more councils want it. We need to look at what businesses and shop workers want.

On the question of imposition, in September, a survey of 10,000 shop workers showed that 91% of them do not want to work more on a Sunday. The current six-hour restriction is important to them because, as they say, Sunday evening is often their only guaranteed “family time”, especially if they have children at school in the week or partners who work weekdays. Not so many staff are required under the current regime—usually, there is a single shift—so most staff are able to work a Sunday rota with some Sundays off. We must look at the imposition on shop workers and businesses.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

The hon. Gentleman’s arguments are making a very good introduction to this debate. I understand that some chief executives of larger stores, such as Sainsbury’s and John Lewis, are expressing their concerns to the Prime Minister about this issue. In relation to that survey, Sainsbury’s has quite rightly questioned whether there is an appetite among consumers or retail staff for Sunday working. As I hope the hon. Gentleman agrees, Conservative Members should not assume the opt-out means anything, because most retail staff say it is impossible to use it because employers find ways to make them suffer if they try to opt out of Sunday working.

[Mr Burrowes]

Yes, that is true. We should not tar all large retailers with the same brush. I think Tesco has also expressed concern. Some of them have no doubt got a commercial interest—they may have more convenience stores on high streets than other large retailers—but they share the concern that the Government’s devolutionary approach is not so practical for larger businesses, given that there are issues in relation to distribution centres and dealing with waste recycling. This will make things more complicated for them. In essence, the Bill is about cutting down on red tape and about deregulation, but this would mean a move in the opposite direction for such businesses.

[Mr David Lammy (Tottenham) (Lab)]

rose—

[Mr Burrowes]

When I get into my speech, I will come on to the protections for shop workers, but before I do that, I give way to my near neighbour.

[Mr Lammy]

As my constituency neighbour, the hon. Gentleman will remember walking down high streets such as mine and through parts of Enfield town after the riots back in 2011. Not one local shopkeeper whose shop had been ransacked said that devolving power in such a way—allowing big retailers to open for even longer on Sundays—would help their business. Such businesses are struggling anyway, and this sort of action will only make that worse.

Is the hon. Gentleman concerned about the definition of “tourist”? Can he explain what a tourist is? Am I a tourist when I go to Enfield, Southgate to shop?

[Mr Burrowes]

The issue about tourists is not for me. I will leave my right hon. Friend the Member for Meriden (Mrs Spelman) to make such a case in relation to her amendment 19.

I want to turn to the substance of the issue, which is first of all about process. This is a controversial matter. No one who has been around for a while and who has listened to people’s concerns will deny that it is controversial. That is plainly the case given that it divides opinions so much in this House.

[Mr Jackson]

Will my hon. Friend give way?

[Mr Burrowes]

I want to make some progress.

Normally, as I understand it, the guidance for a Government consultation on a controversial matter is to allocate a full 12-week period for the consultation. However, the consultation that has led to where we are now not only lasted just six weeks, but happened right in the middle of the summer holidays at the start of August. This particularly important consultation ran for two weeks in the central period of the holidays. Why did that happen? Was there a rush to get the measure on the statute book immediately? The Government took some five months to respond to that rushed consultation, which nevertheless managed to generate some 7,000 responses, which is extraordinary, given the time constraints. If such a controversial measure elicited that number of responses, all parliamentarians must ask why it did not get the full scrutiny that it deserved in both Houses. There was an attempt to tack it on to the Cities and Local Government Devolution Bill, and now it has been tacked on to the Enterprise Bill, after that has already been through the Lords. Someone who was cynical or suspicious might say that that limits the scrutiny of an important measure.

These are not just my concerns. When we last had the opportunity to discuss this matter, which was during the passage of the Sunday Trading (London Olympic Games and Paralympic Games) Bill in 2012, it did receive full scrutiny. The then Minister, Lord Sassoon, underlined the temporary nature of the proposed change. As many hon. Members have said, we had assurances from the Government that that was not a precursor to a further deregulatory move. Lord Sassoon also gave an assurance that there would be full parliamentary debate if there were ever another Sunday trading legislative proposal, but we have not had that. Unfortunately, that promise has not been kept. That is to the detriment of us all, as it would have allowed us to consider matters such as tourist zones and pilot areas, about which we will probably hear later. All those aspects need time for proper scrutiny.

[Mr Jackson]

Will my hon. Friend nail the myth that the measure is designed to assist town centre retail trade? Some 53% of local authority chief executives said that they would use the new liberalisation to boost out-of-town shopping centres, but that cannot be what many hon. Members want.

[Mr Burrowes]

Indeed. The knock-on effects of the measure need careful thought and attention.

The consultation showed that 76% of local authorities, large and medium-sized business respondents and business representative organisations were in favour of the proposals, but while the Government told us that those organisations and local authorities were in favour, they failed to tell us about the proportion for individual responses. We all have a right to respond individually to Government consultations. We all have a voice. It is not just the big corporate bodies whose response counts.

My hon. Friend the Member for Congleton (Fiona Bruce) and I duplicated a question to the Secretary of State for Business, Innovation and Skills to ask what number and what proportion of respondents to the Department’s consultation published on 5 August responded yes and no—it is a simple question. The first question in the consultation asked whether people were in favour of the proposal, so surely it is possible to publish the number of respondents. That question was, “Should local areas have the power to extend trading hours on Sunday?” and that is the question that we are debating today, so it would be useful to know how many individuals who responded to the consultation were in favour of the proposal.

The answer that my hon. Friend and I received from the Minister is one of the most extraordinary that I have seen in my 10 years here. It stated:

“The Department does not hold full data from this consultation broken down by specific question as a large portion of respondents chose to respond in their own words”—

I assume that they were English words and there was no problem of translation—

“rather than addressing the consultation questions directly, and/or did not indicate the type of organisation they represented.”

That is unacceptable. There should be a proper, accountable process that enables us to judge the response to the consultation on the measure.

[Michael Ellis (Northampton North) (Con)]

I very much respect my hon. Friend and his viewpoints. Nevertheless, will he explain why he thinks that high streets should be held back under restrictions when most internet shopping takes place on a Sunday? He refers to the consultation, but when people shop via the internet, are they not voting with their fingers, so to speak? Do they not want to be able to shop free from restrictions? Does not my hon. Friend want to support the high street in his constituency and those elsewhere in functioning without these restrictions?

[Mr Burrowes]

My hon. Friend will know that the Government’s review regarding high streets, about which he and I had concerns, made the case not for deregulation, but for dealing with issues such as parking and business rates, on which the Government are making good progress. On internet shopping, can a case be made that in the hours when large shops are not open—after 6 pm, say—everyone is clicking away on their computer because they cannot get to those shops? That makes no sense. There are other ways in which we can handle internet shopping. We need to look more broadly at how we can revitalise the high street, and this measure is not the way to do it.

[Several hon. Members rose—]

[Mr Burrowes]

I will give way a couple of times, but then I must make progress as others want to speak.

15:15

[Caroline Flint (Don Valley) (Lab)]

Surveys of internet shoppers show that there is no relationship between internet shopping on a Sunday and the desire for extended hours in local stores. Is the fact that people are on the internet between midnight and 3 am an argument for shops to be open at that time? Does the hon. Gentleman agree that that is not the case?

[Mr Burrowes]

I agree.

[Alex Chalk (Cheltenham) (Con)]

Does this not boil down to a question of local democracy? How can it any longer be—[Interruption.]

[Mr Speaker]

Order. Mr Chalk is a most courteous Member of the House. Just as he is courteous to the House, the House must be courteous to the hon. Gentleman. Let us hear from Mr Chalk.

[Alex Chalk]

Thank you, Mr Speaker. How can it any longer be right for politicians in Westminster to block local people in Cheltenham, for example, from amending trading hours if that is what they choose to do?

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

rose—

[Mr Burrowes]

I will try to explain, but first I give way to the hon. Member for Cardiff South and Penarth (Stephen Doughty), who has been very persistent.

[Stephen Doughty]

I thank the hon. Gentleman for giving way. I want to take him back to the point that he made about the consultation. We do have some data: the Union of Shop, Distributive and Allied Workers has told us that there were more than 7,000 responses to the consultation, and that it believes, as do I, that the vast majority were opposed to the proposal. Does the hon. Gentleman share that belief?

[Mr Burrowes]

Absolutely. It would be good if there were more transparency.

The Prime Minister has led the way, quite properly, in saying that the Government need to publish family impact statements whenever new policy is proposed. We need to look carefully at such statements, so the family impact of the proposed measure should receive serious consideration. I have put questions to the Business Secretary on a number of occasions—22 September, 15 October and 10 February—to ask for the publication of the family impact statement. The understanding was that it would be published alongside the Government’s response to the consultation, but that did not happen, and we have just received it, at the eleventh hour, before the debate.

The family impact statement makes several important points. It accepts that there could be a negative impact on the family and recognises that many individuals who responded to the consultation felt that families would be noticeably affected.

[Michelle Donelan (Chippenham) (Con)]

I, too, respect the comments of my hon. Friend, but will he explain why we are so concerned about the family impact on those working in retail, yet we do not regulate for those who work shifts in sectors such as the NHS, transport, catering, hospitality—the list goes on?

[Mr Burrowes]

My hon. Friend makes a good point. It is often low-paid workers, in many cases women, who are affected by Sunday trading, and such trading has a knock-on effect on ancillary services in the supply chain to large stores. That, too, needs careful consideration.

On my substantive objections to the proposal, beyond the process—important though that is in determining how Members will vote later—an economic case has been made. It is important that we look at the evidence provided by not just the New West End Company, but Oxford Economics, which I mentioned earlier. It projects that under the Government’s proposals, 8,800 jobs would be lost in the convenience sector, with a net loss of 3,270 jobs in the wider grocery sector because of displaced trade from small to large businesses.

[Several hon. Members rose—]

[Mr Burrowes]

I am sorry, but I am going to make some progress so that other hon. Members have a chance to contribute to this important debate.

I am no great expert on businesses—I am taking the evidence that I have seen—but I do listen to the representatives of business organisations. When the Federation of Small Businesses, the Association of Convenience Stores, the National Federation of SubPostmasters, the Rural Shops Alliance, the Federation of Wholesale Distributors and the National Federation of Retail Newsagents—many of us will have been to their regular receptions here, and expressed solidarity with them and concern about the challenges they face—are all united in saying that this change is bad news for our economy, I take that very seriously, as should other Members.

[Clive Efford (Eltham) (Lab)]

rose—

[Mr Burrowes]

I must make some progress.

My concern is that the proposal has not been properly thought through or evidenced. We are in danger of being seen to be responding to the voice of bigger business, rather than the small businesses on our high streets. Indeed, when the nearly unanimous opposition of small businesses is seen in tandem with the fact that nearly a quarter of the large businesses that responded to the Government’s consultation also oppose the proposal, we need to reflect very carefully on the lack of scrutiny in tacking these measures on to the Bill.

Like many other Members, I want to speak up for my high street. When I go back to my constituency, I do not think that the businesses on my high street would say, “Well done. Thank you very much for deregulating and giving more hours to the large shops.” I think that they would say, “Why aren’t you spending more time lowering our business rates, getting better car parking and reducing red tape?” I support the Government in their focus on that, so why are we getting distracted by the claim that the measure will in any way support our high streets?

Several points have been made about shop workers. We cannot ignore the fact that separated parents can face problems, such as if one parent has access rights at the weekend. One shop worker in that situation told me, “As I am separated, I have my children every other weekend. I work every Saturday and one in four Sundays. I often struggle to arrange childcare and fear that this has an effect on my relationship with my children.” We must listen to those voices.

In relation to the opt-outs, I welcome the fact that the Government are seeking to provide additional protections, but we have heard legal advice saying that that might not allay people’s concerns. In fact, despite the additional protections, there is already an issue regarding whether those who are unwilling to work on Sundays will be considered when they apply for a job. Indeed, as we have heard, people are already under an implied pressure to work longer hours.

[Stephen Timms (East Ham) (Lab)]

I congratulate the hon. Gentleman on the holy alliance that he has assembled behind his amendment. A member of USDAW is quoted as saying:

“I’d be under pressure to do more hours on Sunday, making it impossible for me to go to church.”

Is that not an undesirable aspect of the proposal?

[Mr Burrowes]

The Government have tried to deal with that concern by putting forward additional religious protections in the Bill, and my amendment would not delete those. Whether the pressures are explicit or implied, they are a factor.

The Government did have a pilot in one sense, because such a measure was road-tested during the 2012 Olympics. A specific opt-out was created so that staff could avoid working the longer Sundays if they did not wish to, and retailers claimed that they would cover only those hours when staff volunteered to work. However, I understand that 564 representatives in stores that opened for longer hours found that in over half those stores—56%—despite the right to opt out, staff came under pressure to work the extra hours. Those who asked not to work the extra hours were threatened, or punished by being refused overtime.

[Sammy Wilson (East Antrim) (DUP)]

Does the hon. Gentleman accept that over half of those who work in shops in Northern Ireland, where opt-outs are already meant to be in place, have come under pressure, and that that is why 76% of those who work in the retail trade have said that they do not want hours to be extended, purely because they know that they would be under even greater pressure if local authorities accepted the longer hours?

[Mr Burrowes]

The hon. Gentleman makes a good point. We should also consider the potential domino effect of the Government’s proposals. Another shop worker told me, “The idea that Sunday working is optional, and that this is enshrined in law, is laughable. They make you pay one way or another for objecting to working on a Sunday.”

When a policy is opposed by the small business community, by a good number of large businesses, by the majority of shop workers, and by Churches and other faith communities—the Chief Rabbi recently spoke passionately about properly respecting the special character of Sundays—we must ensure that we consider it carefully. There has already been deregulation in many forms, but there is still a special character that we can preserve. This does matter, because Sunday is still special for many people, and the Government should not chip away at that unfairly, unreasonably and without due process. We should ensure that there is a proper place for Sundays for families, businesses and workers.

This issue has come before the House on previous occasions. Mrs Thatcher’s Government were defeated by a large majority on an entire Bill in the House of Commons. I remember attending my first ever public meeting in 1986—it was my first foray into the world of politics—which was hosted by my local Member of Parliament, Michael Portillo. He appeared before a packed public meeting and completely misjudged the views of those present, many of whom had never been to a public meeting before. He saw for himself the huge concern in the community, having misjudged the strength of feeling about amending the hours of Sunday trading. Time has moved on, but there is still a strength of feeling out there—from shop workers, families, small businesses and others. That meeting was a formative political experience for me. We heard a statement from the Health Secretary earlier about learning from mistakes, and I urge the Government today not to make the same mistake again.

[Mr Speaker]

Order. Before we proceed with the debate, I have now to announce the result of the deferred Division on the question relating to EU measures to combat terrorism. The Ayes were 302 and the Noes were 217, so the Ayes have it.

[The Division list is published at the end of today’s debates.]

[Several hon. Members rose—]

[Mr Speaker]

Order. Before I call the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) as the next speaker in the debate, I would point out that we have two hours and 20 minutes left. If the Minister wishes to do so, I will shortly call him to speak from the Front Bench. A simple nod of the head will suffice.

[Brandon Lewis]

indicated assent.

[Mr Speaker]

I appeal to colleagues to have regard to each other’s interests. We do not keep a formal list on Report, but I suspect there will be intense interest in these exchanges, so colleagues should look after the interests of each other.

[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

Thank you, Mr Speaker. I will certainly endeavour to do so.

I rise in support of the amendment in the name of the hon. Member for Enfield, Southgate (Mr Burrowes), to which I have added my name, as have many other hon. Members on both sides of the House. I am completely opposed to any changes to Sunday trading regulations, whether it is their extension or their devolution to local councils. I am sceptical of what benefits, if any, it would bring to our economy but, more importantly, my concern lies with retail workers and my desire to keep Sunday special.

As a Greater Manchester MP, I am a huge supporter of devolution, particularly to a city as great as ours. However, to me the measure does not feel like beneficial devolution; rather, it feels like a dishonest manoeuvre from a Government who seem obsessed with introducing the policy even though there appears to be no public demand for it. I also have concerns about how the Government have gone about the process, in particular their flawed consultation, which I will address.

I am happy to declare an interest, in that I am an USDAW-sponsored MP, which I am particularly proud of. USDAW has led from the front in this campaign, representing the concerns of ordinary retail workers and ensuring that their voice is heard.

Lots of good, strong arguments were put forward in the excellent speech from the hon. Member for Enfield, Southgate. I, too, intend to focus my speech on the family and faith aspects of Sundays but, first, I want to express my serious concerns about how the Government have gone about attempting to introduce the change. I believe it is at best mischievous and at worst a borderline fantasy when the Government say that the Bill in itself will not enact any changes to Sunday trading regulations, but leave that open to local councils to decide. They know as well as all hon. Members do that the measure will result in extended opening hours on Sundays. As soon as one council does it, neighbouring councils will soon fall, one after another, until extended hours are uniform.

[Mr Alan Mak (Havant) (Con)]

Will the hon. Gentleman give way?

[Jonathan Reynolds]

I will not give way because of the time constraints.

The Government should stop insulting the intelligence of the House and treat the clause as what it is: an explicit attempt to extend Sunday trading hours. I believe that devolution should be used to give councils the powers that they want and need. It should not be a way for the Government to abdicate responsibility for changes that they do not want to be blamed for, when they feel that the changes they intend to make will be unpopular and controversial. If the Government want to extend Sunday trading regulations, they should have the courage to introduce explicit legislation, so that Members of the House can have a proper debate and scrutinise the proposals. Instead, the Government have chosen to hide behind the veneer of devolution.

15:30

[Huw Merriman (Bexhill and Battle) (Con)]

I have been a district councillor for the past eight years. Facing a constant slew of demands on what district councillors must do is uninspiring. I would advocate the policy as a measure that will get more people into local government. They will have the optionality to decide. [Laughter.] Hon. Members may laugh, but that would occur.

[Jonathan Reynolds]

I admire the attempt to get more people involved in local government by giving councillors more power—all hon. Members would celebrate that—but my point to the hon. Gentleman is this is not real power. It is an attempt to introduce a national liberalisation through the back-door veneer of devolution.

Another disappointment in the process was the Government’s consultation, which hon. Members have mentioned. It has been described to me on numerous occasions as a whitewash. The consultation concludes that the majority of responses were in favour of the proposal to devolve the power, yet in answer to a written parliamentary question to me on Monday, the Minister could not tell me how many of the 7,000-plus responses were against the proposal. How can the Government conclude that the majority of respondents were in favour of the proposal when they cannot even give the House the numbers? I was very disappointed with that answer. It should not be beyond the capabilities of the Department for Business, Innovation and Skills to work out how many respondents are for or against a Government proposal. I hope the Minister will be able to rectify that from the Dispatch Box and provide some much needed transparency.

My fundamental opposition to the clause comes from a passionate desire to keep Sunday special. When Sunday trading rules were relaxed during the Olympics, we were promised that it would be a temporary measure only, and yet here we are not even four years later with this proposal in front of us. The proposal ignores the wishes of retail staff. A staggering 91% of retail workers in larger stores do not want an extension of trading hours on a Sunday. To them, Sunday is a special day, much as it is in my household. I have four young children and two dogs, so I cannot claim that my Sundays are particularly restful or peaceful, but they are special—a time for the whole family to spend together. That should be the same for retail workers, more than half of whom already feel pressured to work Sundays.

[Chris Philp (Croydon South) (Con)]

I share the hon. Gentleman’s desire to keep Sunday special, but is that not a matter of personal choice for him and for me individually, and not something for Parliament to impose by legislation?

[Jonathan Reynolds]

If the hon. Gentleman approaches this with good intentions, I advise him to talk to some of the retail workers in his constituency to see how they feel about the autonomy they have to decide whether they get to work longer Sundays or not. It is worth pointing out that none of us debating this in the House has to work Sundays if we do not want to.

The current regulations are a good compromise. Shops can trade on Sundays and staff can work if they want. At the same time, Sunday remains a special day, different from any other day of the week. Retail workers can spend some time with their families.

I do not believe the business case for changing Sunday trading regulations stacks up. Retailers already do very well on Sunday, with lots of footfall during a relatively short time window, which makes for more effective trading. The measure will also have a negative effect on smaller shops and retailers that are not subject to the regulations. Their businesses will suffer. In the most recent example of relaxation of Sunday trading—during the Olympics—retail sales actually declined.

As well as declaring my interest as an USDAW-sponsored MP, I am likewise very comfortable declaring my interest as a practising Christian. Understandably, that forms part of my opposition to any changes to Sunday trading, which I know I share with Members on both sides of the House. Of course, we live in a diverse country—I am extremely glad that we do so—but we should recognise that Christianity is the largest religion in this country. For Christians such as myself, Sunday is a special day. Sunday is when my family and I attend church, and the opportunity to do so should not be denied to people who have to work Sundays, whether in the morning or the evening.

[Mr Gavin Shuker (Luton South) (Lab/Co-op)]

Like my hon. Friend, I will be part of the holy alliance trying to keep Sundays special. For people of a Christian ethos, this is not necessarily about the promotion of church; it is about a deep-rooted sense of who we believe people to be. We are created with the ability to rest as well as to work. Also, our choices have an impact on other people’s choices. The freedom we seek to exercise for ourselves is paid for by other people.

[Jonathan Reynolds]

I endorse those points entirely, although it is worth noting that church attendance in many UK cities, even here in metropolitan London, is steadily rising.

The Government have a responsibility to listen to faith groups on this issue, but they have failed to do so. The changes will place additional pressure on workers and families on what is still a traditional day of rest, a day of religious worship and a day to spend quality time with family members and close friends. For faith, for family and for the rights of many retail workers up and down this country, I will be voting for the amendment. I urge the House to show the courage required today to defeat the Government on this issue.

[The Minister for Housing and Planning (Brandon Lewis)]

I appreciate being called early in the debate, and I hope I can help by outlining our thinking and the journey the Government want to take on this issue.

It is important that we recall why this measure on Sunday trading hours is before the House. The laws on trading in England and Wales were last updated in 1994—back when the only time we heard of Amazon was when we talked about the river, and back when our high streets faced no external pressures. The internet is liberating and changing the way we live and work, but the pressures on our high streets are rising, and the internet plays a part in that. Our measures will help them by giving local councils the right to expand Sunday trading.

[Sir Gerald Howarth (Aldershot) (Con)]

All those conditions were apparent just 10 months ago when the Conservative party stood on a manifesto that it presented to the British people, but there was zero mention of any change to Sunday trading laws. This measure represents a fundamental change to the social practice in our country, as the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) pointed out. Why have the Government now found all these reasons to introduce a measure in this absurd fashion?

[Brandon Lewis]

I have huge respect for my hon. Friend, having worked with him on a range of issues, but we clearly said in our manifesto that we were determined to drive economic growth, and we believe that this is an important part of that. That is why we referred to this last summer.

It is clear that local authorities believe they are the right bodies to hold this power. They represent local people, are accountable locally, know their areas best and want this power, which is why almost 200 have written asking for it to be devolved to them, including councils such as Carlisle, Chorley and, despite what the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) said, Greater Manchester Combined Authority.

[Sir Edward Leigh (Gainsborough) (Con)]

My hon. Friend is very able and has a wonderful job, but he wants to spend time on a Sunday with his family. I have heard so many Members say they want to keep Sunday special for their family. Why should shop workers be any different?

[Brandon Lewis]

I am sure my hon. Friend will appreciate that not only do people work in shops on Sundays already—in many areas, for longer than the opening hours, because of how shops work—but people working in retail, if they work six days a week, might like to visit retail outlets themselves on Sundays. The internet is growing: we saw a stark warning of that today as Amazon has announced it is opening another centre in Manchester, creating more jobs. That shows how it is growing and the pressure that the internet is applying, but of course we are not forcing anybody to shop on a Sunday.

Councils want this power. They want the ability to zone and to take a decision on trading in their area—for example, if they wish to promote the high street at the expense of out-of-town commercial sites. Our amendment allows that zoning to happen, and no one knows more about their local area than locally elected leaders. This also provides an opportunity for independent businesses to benefit. One of the big voices calling for this change is the Horticultural Trades Association, comprising mainly independent businesses, and it wants this growth.

[Simon Hoare (North Dorset) (Con)]

I think the Minister has hit the nail absolutely on the head. Listening to the debate hitherto, one might have thought that we were proposing to introduce Sunday trading. The Minister is absolutely right, and I speak as a former district councillor of 11 years standing, that it is not for this House to decide what is best for local areas—it is for those local areas and their local representatives, and they are being given discretion.

[Brandon Lewis]

I agree with my hon. Friend; I think he is right. One of the things I have been most passionate about, as have the Secretary of State, the Chancellor and the Prime Minister, during the years of coalition as well as in this Parliament, is devolving power, and we just wish our friends in Scotland believed in devolving power, too. It is why organisations representing independent businesses like garden centres are so keen to benefit from this growth.

[Mr Andrew Smith (Oxford East) (Lab)]

Let me take the Minister back to the important point made by his hon. Friend the Member for Enfield, Southgate (Mr Burrowes) in a measured speech in which he reminded us of the Prime Minister’s clear commitment just weeks before the general election:

“I can assure you that we have no plans to relax the Sunday trading laws. We believe the current system provides a reasonable balance”.

Does the Minister not think it matters if the Prime Minister says one thing just before a general election, if a policy is not in the Conservative manifesto, but the Government then do something completely different afterwards?

[Brandon Lewis]

I appreciate that the Labour party is not looking to drive economic growth, but our manifesto is clear that we want to see it, and the Prime Minister made it very clear at this very Dispatch Box last year that we thought it was time to review Sunday trading laws in the light of how things have moved on.

[Several hon. Members rose—]

[Brandon Lewis]

I shall take some more interventions in a few moments, but I am aware of the Speaker’s correct point about the time available this afternoon.

If we look at our track record, it is clear that no party cares more about worker protection than this Conservative Government. We are the party of the national living wage—it is our Chancellor who has delivered it—and it is our measure that will protect shop workers. No one will be forced to work on a Sunday; indeed, everyone has the right to say no. We will also reduce the opt-out period for large shops, so that shop workers need give employers only one month’s notice of an unwillingness to work. We have to be clear that this is a package of amendments. Should amendment 1 go through today, Members of Opposition parties will be voting against improving workers’ rights, because that provision will go as well. Anyone who already works on a Sunday will have a new right to turn down extra hours to which they do not wish to commit. Labour and the SNP oppose all of that. They oppose giving workers who wish it the right to work longer and different hours, and they deny everyone the right to spend Sunday as they choose in their time with their families wherever and however they choose.

[Julian Sturdy (York Outer) (Con)]

There are a number of convenience stores in my constituency that are below the 3,000 sq feet threshold. Many are franchisees and small businesses, so will the Minister elaborate a little further on what conversations he has had with those businesses about the proposed changes?

[Brandon Lewis]

I am sure my hon. Friend will appreciate—he used to work closely with me—that I was once the Minister responsible for the high streets. My colleague who is currently the Minister responsible for the high streets and I work with the Future High Streets Forum, and I talk to small businesses all the time.

[Clive Efford]

As someone who has run his own independent retail business, may I tell the Minister that many independent traders have few extra resources? They will be forced to open to compete with the very large stores. What about the lifestyle of those people who would end up working seven days a week in order to try to keep their businesses running?

[Brandon Lewis]

I am slightly surprised by the hon. Gentleman’s comments. After all, his local authority is one that is saying that it wants this power, which he is trying to stop it taking. Labour-run Greenwich wants this power. Those small shops have the ability to open now, and they are in competition with 24-hour, seven-day-a-week internet shopping, including on Sundays. The hon. Gentleman might not realise it, but Amazon is open on a Sunday and it delivers on a Sunday. We want to give the high streets a chance to compete with that.

[Mrs Anne Main (St Albans) (Con)]

Has my hon. Friend had any conversations with the leaders of the SNP about why they liberalised trading laws in Scotland, what advantages they sought from that, and why they are proposing to reverse it on the basis of their concerns about any of the issues other than pay that they wish to address?

15:45

[Brandon Lewis]

My hon. Friend has made a very good point. Research conducted by the Association of Convenience Stores has established that there are more small independent shops per head of population in Scotland than there are in England. So the liberalisation in Scotland has worked—unless the hon. Member for Livingston (Hannah Bardell) is going to tell us, when she makes her speech later, that the SNP is about to go backwards and change the law there.

[Richard Fuller]

It seems to me that, if Conservative Members are being asked to vote for something that was not in our manifesto so shortly after the election, it should be because the situation is urgent, because there is a compelling argument in favour of the move, or because the circumstances have changed. The situation does not appear to me to be urgent. The Minister will finish his remarks, and he may advance a compelling argument. However, he seems to be resting on the assumption that the circumstances have changed, and in that context he has laid emphasis on internet shopping. He may be aware that, only yesterday, the head of the British Retail Consortium appeared before the Business, Innovation and Skills Committee and talked about the evolution of business models. He said that, because high street retailers now have their own online retail outlets, they do not necessarily feel compelled to draw a distinction between the two kinds of retail for the purposes of achieving growth.

[Brandon Lewis]

My hon. Friend has, in fact, made it clear why it is important for local authorities to be able to decide locally what is right for them. He should also acknowledge that it is often the larger high-street stores that are the draw for footfall in local areas. As he knows, I think that free car parking also plays a part, and I should like to see more of that.

As we all know, politics is not an exact science, and all but the most saintly of humans can sometimes contradict themselves, or be open to the charge of inconsistency. However, the contradictions that are inherent in the Labour-SNP opposition to our liberalisation proposals are so immense that I must draw attention to them.

As others have pointed out, there are no restrictions on Sunday trading in Scotland. First, SNP Members said—as one would expect—that they would support our proposals, and now they say that will not. Will the SNP Administration in Edinburgh be introducing the restrictions that currently apply in England, in order to be consistent? I should be interested to hear the answer to that question.

Do Labour Members—along with USDAW—plan to send letters to their constituents urging them to give up using the internet on Sundays, lest someone, somewhere, be exploited in a warehouse owned by Amazon or a similar company? I am tempted to ask the Opposition why they did not vote against this proposal in Committee, or even, in some cases, speak against it—neither the SNP nor Labour voted against it—and why they have not tabled an amendment themselves. Perhaps the wording of the amendment could have been something like “It has come to the attention of Labour and SNP that that some people shop on the internet on Sundays.” After all, Sunday is now the biggest internet shopping day of the week. It could have continued: “Labour and the SNP demand a law requiring people to switch off the internet on Sundays, in order to stamp out this disgraceful behaviour.”

Perhaps I should not give Opposition Members any ideas. How can anyone be opposed to the idea of walking into a shop on a Sunday to buy something—a book, for example, whether it is a little red one or not—but not opposed to the idea of buying that very same book, so long as it is done on the internet? Labour and the SNP—parties that are, effectively, in coalition today—are supporting Amazon’s profits at the expense of shops on our high streets. I am afraid that I struggle to understand the logic of that.

[Caroline Flint]

The Minister mentioned protection for shop workers earlier. I would welcome the strengthening of such protection. May I ask the Minister whether, if he loses the vote on Sunday opening tonight, he will retain the protection for shop workers that is in the Bill?

[Brandon Lewis]

We have made it clear from the beginning that this is a package. If Members vote for amendment 1, they will be voting against the improvement in workers’ rights.

[Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

I am deeply concerned about this issue, and my name is attached to amendment No. 1. I listened to what the Minister said this morning, when we spoke at some length about the proposed pilot. I would be willing to support that pilot if the Minister would give us a clear assurance that it will not just involve looking at economic drivers, but will take account of the overall impact, and apply the family test. A great many people who work shifts are put on the bottom of the list and end up working on Sundays because they cannot get to the top. We must make sure that that does not happen in this instance. [Interruption.]

[Mr Speaker]

Order. First, may I appeal for as orderly an atmosphere as possible? The Chair seeks to facilitate as many contributors as possible. Secondly, Members are of course free to say what they like, but I would gently point out that no amendment or new clause on the subject of pilots is to be taken today. There is material before the House, but that subject is not among it.

[Ms Angela Eagle (Wallasey) (Lab)]

On a point of order, Mr Speaker. Will you confirm again that the manuscript amendment that the Government attempted to sneak on to the amendment paper at the last minute today, which would have covered the compromise on which the hon. Member for Berwick-upon-Tweed (Mrs Trevelyan) seems to have done a deal, is in fact not on the amendment paper and not before the House?

[Mr Speaker]

It was not selected. For the benefit of people attending to our proceedings, I shall be explicit. It is for the Speaker to select or not to select, and I did not select that late-submitted manuscript proposal. I need add nothing.

[Brandon Lewis]

My hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) makes a strong point, and she has been consistent on this matter. She makes a clear, passionate and strong point on the importance of family values and of our social fabric. If she will bear with me, I will touch on that matter in just a moment.

I would say to Opposition Members that we need to think about where we are with Sunday trading. Let us be very clear: none of us would put up with a Government banning cinemas from opening on Wednesday evenings, so why on earth would we put up with a Government telling us when we can and cannot open our businesses and run our shops, and telling us how we should be spending our time if we want to go shopping on a Sunday?

[Mr Jackson]

The Minister is fielding a difficult case very well. He is an excellent Minister with whom I have had the great honour to serve on the Housing and Planning Bill Committee. However, on the specific issue of employment rights, he will know that as a result of work commissioned by the Christian Institute, John Bowers QC said on 25 February that he considered the Government’s proposals for employment rights “inordinately complex”, and that they would offer

“no protection from detriment or dismissal for people who object to working on Sundays during the opt-out notice period.”

That is the issue, and that is what the best legal brains have told us about the Government’s proposal.

[Brandon Lewis]

I have a similar admiration for my hon. Friend. He is a fantastic colleague to work with at all times, but I disagree with him on this matter. We know what the Government lawyers have outlined, and the strengthening of rights as set out in our amendments goes beyond anything that Labour did while it was in government to increase workers’ protection. This is an important part of the package. Inconsistency from the parties on the Opposition Benches is one thing, but killing off jobs is entirely another. Given Labour’s unemployment record and its Maoist take on economics, however, I should perhaps not be surprised. The SNP and Labour did not even raise an amendment or a vote on this issue in Committee.

[Mr Christopher Chope (Christchurch) (Con)]

Will the Minister give way?

[Brandon Lewis]

I will in a moment, but I want to make a bit of progress.

The estimates of the growth that liberalisation would deliver can be seen in the evidence. Growth, which would mean new jobs and more taxes to pay for public services, will come as a result of these changes. Estimates suggest an extra £300 million of sales in London alone. The letters that Labour and the SNP might be drafting, urging people to avoid the internet on Sundays, should include a postscript for anybody who is looking for a job right now. Maybe it could say, “Sorry, we’re opposing measures that could have helped you find a job.” And the SNP, the party that exists to promote local control over people’s own affairs, should perhaps add a PPS to explain why its members are voting to prevent devolution to English and Welsh councils when the control of shopping hours is already fully devolved to the Scottish Government.

[Neil Gray (Airdrie and Shotts) (SNP)]

Given that the Government have known the SNP’s position on this matter since November, why have they not come back with proposals to put the protection of premium pay into statute, for example, or indeed to devolve employment law so that we could sort this out for ourselves?

[Brandon Lewis]

I am struggling to treat that comment with any seriousness. I would simply remind the hon. Gentleman of the SNP’s comments on this issue that appeared in the press last week.

[Mr Shuker]

I am grateful to the Minister for giving way; he is obviously trying to defend a difficult position. The Government support the measure and the Opposition oppose it, yet several of the Minister’s party colleagues share deep concern, tapping into a conservative tradition of trying to preserve our institutions. I gently suggest that he might make better progress by making positive arguments for his proposals to those colleagues rather than by attacking the Opposition, and therefore Members on his side, as Maoists.

[Brandon Lewis]

I appreciate the hon. Gentleman’s comments, but my colleagues and good friends around me are capable of defending themselves and making their case clearly, just as my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) has done this afternoon. I respect that, but the reality is that we want to provide an opportunity for economic growth and give our high streets the chance to regenerate. The hon. Member for Luton South (Mr Shuker) might want to have a look at the Hansard reports of the Committee stage to see the arguments we had then in more detail.

[Robert Jenrick]

The largest employer in my constituency is Knowhow, of which hon. Members may be aware from ordering TVs and electrical equipment. It is the biggest distributor of electrical equipment from online sales. Those workers—hundreds of my constituents—work on Sundays. How do hon. Members think that they get their deliveries on Monday morning? The Bill will enhance the rights of those workers. When hon. Members go online and order something on Amazon on a Saturday or Sunday, workers in my constituency and across the country will be working and will enjoy the benefits that the Bill will give them.

[Brandon Lewis]

My hon. Friend makes a strong point clearly and highlights another important point. The United States is one of the most observant places in the world on religious matters but it has more freedom than we do, and I am sure that Scottish Members would argue that family values and religious observance have not decreased following liberalisation. People will still be able to choose what they do and, arguably, have more flexibility on Sundays. We have to remember the workers who work six days a week and who want more opportunities when choosing how to spend their time.

[Mr Chope]

Will the Minister give way?

[Brandon Lewis]

Before I take any more interventions, I am aware of your comments about the time available this afternoon, Mr Speaker, and want to make a little progress. There are Members on both sides of the House, particularly on my side, whose consciences make this a difficult subject, and I respect their moral views. They are speaking from strong positions, rather than playing with political opportunism, which some Opposition Members are doing. I want to set out our journey of travel so that the House gets a feeling for what we are planning. We intend to go further and do something different from what we initially proposed in the protections on offer.

Having listened to colleagues and discussed their principled objections with them, I want to propose something. Before I do, I should make it clear that it deals with the concerns raised by SNP Members in the press, so we will find out whether they really believe what they have been saying over the past 24 hours. Rather than applying the liberalisation nationwide from day one, the Government will invite local authorities that want to liberalise hours to apply for participation in an exploratory phase. Twelve places, geographically, economically and demographically diverse, will be locally recommended to us.

Taking your absolutely correct point about the manuscript amendment to heart, Mr Speaker, may I say that if hon. Members join the Government and me in voting against amendment 1 today, we will table an amendment in the other place? I have circulated that amendment to colleagues this afternoon. During an exploratory phase, we will gather evidence about the impact of liberalisation, including the use of zoning and its effect on those local economies. And of course the impacts on workers will be measured, too. My hon. Friend the Member for Berwick-upon-Tweed and other colleagues have made this case clearly, strongly and passionately, and we are listening and have heard what they say. We want to make sure that we are able to have a proper assessment. I will liaise with colleagues over the next few weeks to make sure that our performance indicators recognise, assess and look at this as part of the criteria over the next 12 months.

16:00

[Jim Shannon (Strangford) (DUP)]

On a point of order, Mr Speaker. Is it in order for the Minister to proceed with a promise of legislation that is not on the amendment paper for us to consider, and for Members therefore to vote on something that they do not have in front of them? The measure we are voting on is not promises; it has to be in front of us, so that we can discuss it here in this Chamber.

[Mr Speaker]

Let me explain the position to the hon. Gentleman, to whom I am genuinely grateful for his point of order, and for the benefit of the House. There is nothing disorderly in the Minister giving an indication of how the Government would propose to proceed. If a Minister wishes to say to the House, “Our intention is to proceed with pilots”, it is perfectly in order for the Minister to do that. But of one thing, procedurally and constitutionally, the House needs to be made again aware: Members are voting on that which is on the paper and which the Speaker has selected. Members are not voting on a Government proposal or words about pilots; they are voting on that which is on the paper. The matter under discussion is the amendment standing in the name of the hon. Member for Enfield, Southgate (Mr Burrowes). We are voting on that, not on a Government proposal, and I hope that that is clear.

[Brandon Lewis]

Thank you, Mr Speaker.

[Several hon. Members rose—]

[Brandon Lewis]

I will take some interventions in just a second. Obviously, you are absolutely right, as always, Mr Speaker. I would not dream of taking any other view. What I wanted to outline to my hon. Friends and to colleagues across this House is that what Mr Speaker said is absolutely right: we are saying that if the House votes against amendment 1, what I have outlined is what the Government will then do.

[Mr Chope]

I have been writing to constituents over the past six months saying that I agree with the Prime Minister on this issue and, in particular, with what he said in his letter of 20 April. I wonder whether my hon. Friend would be able to help me in drafting a new letter if I were to go into the wrong Lobby. May I ask him whether the Government would introduce fresh legislation in the Queen’s Speech? Why not bring forward a fresh Bill and have a proper discussion about this, de novo?

[Brandon Lewis]

I appreciate my hon. Friend’s faith in my ability to draft a letter, and I am happy to do that. As he talks about this being over the past six months, I would gently point his local residents towards the fact that both the Prime Minister and the Chancellor last summer outlined that we wanted to review the Sunday trading laws, in the light of how things were moving on economically and the speed with which internet shopping is growing.

[Ian Paisley (North Antrim) (DUP)]

Is the Minister telling us that the conscience of this House and of individual Members of this House can be salved in some way by the promise of a stay of execution but with a really nice funeral later on? Is that in essence what he is telling us? Would he not be far better withdrawing this measure now and bringing back new measures at a later stage?

[Brandon Lewis]

I am just going to continue outlining exactly the journey of travel would be. What the hon Gentleman has outlined is not quite what we are looking at. We would have pilots; local areas would come in and say that they want to be part of this. We must bear in mind that almost 200 local authorities want this power. The Government would choose 12 areas with a good demographic spread to look at over the next 12 months.

[Several hon. Members rose—]

[Brandon Lewis]

I will take some more interventions in a moment, but I want to finish answering the hon. Gentleman’s point. There would be an opportunity to look at the assessment of that over the next 12 months, and we would report back to Parliament with the findings, based on agreed key performance indicators. In 12 months’ time, this will come back to Parliament—on the Floor of this House. An evaluation of this exploratory phase will be published. We are circulating a draft for colleagues to consider, and I will be asking them to support us by opposing amendments 1 and 19, and supporting the Government amendments 2, 13 and 14, which will then allow us to do this in the House of Lords.

That will take us to an evaluation of this exploratory phase, which will be published. After that pilot period, the House will then debate and vote again on extending the right to every council in England and Wales. Therefore, the matter will come back to this House for a full debate, during which Members will have the evidence before them.

[Mark Durkan (Foyle) (SDLP)]

I thank the Minister for giving way. First, we had the Minister, a member of the union of barrel scrapers, presenting himself as an advocate for workers’ rights and interests. Now he is trying to tell us that he is selling on some sort of deferred click and collect basis—an option that is not available or in front of us today. Is the Minister not pushing something that will be a predictive text version of public policy that will end up becoming the default position for local authorities, firms and workers who do not want it?

[Brandon Lewis]

The hon. Gentleman is not quite correct. There is huge interest in this. I am talking about local authorities, consumers, people who work six days a week, families, workers who want the chance to work on a Sunday and businesses that want a chance to compete with the internet. Horticultural associations are very clear that this is worth a potential £75 million a year to our economy—and that is in their industry alone. In the main, I am talking about independent businesses. Potentially, there are thousands and thousands of jobs.

[Several hon. Members rose—]

[Brandon Lewis]

I will take some interventions in a moment. If Members vote against amendment 1, as I am asking them to do, I will make sure that we have a pilot scheme that runs over 12 months, which will give us further evidence, so that we can come back to this House for full scrutiny, a debate and a vote.

[Mr Mak]

Does the Minister agree that another point of reassurance to hon. Members across the House is the fact that contained in the Government’s Bill are zoning provisions, which allow local authorities to choose the areas that will benefit from enhanced Sunday trading laws? That is a fair compromise.

[Brandon Lewis]

My hon. Friend is absolutely right. There is in the Bill an ability to zone. Local areas that want to carry out a pilot will be able to specify exactly how they want to do it and what that zone will look like. This scheme is all about absolutely trusting local people to do what they know is right for their area. By doing it this way, there is no need for amendment 1. Our intention is to increase freedom, protect shopworkers’ rights, grow our economy, and protect our high streets while devolving power from Whitehall to town halls. We want to see power devolving to local areas, because they know their economies and their high streets best and they want this power to see their economies grow.

[Sir Edward Leigh]

If Lincoln applies for a pilot and it goes ahead, will there not be intolerable pressure on West Lindsey next door? Tesco will say to West Lindsey and Gainsborough, “Unless you agree to join this, we will close you down and move to Lincoln.” It is not true devolution. I know that my hon. Friend is a very able Minister and that he is working very hard, but his arguments do not stack up. Frankly, even God took a rest on the seventh day. My hon. Friend should just sit down, rest his case and withdraw the measure.

[Brandon Lewis]

I thank my hon. Friend for his kind invitation to a rest, but I am happy to carry on and try to do the right thing for our economy for just a little bit longer. Let me tell him how this will practically work. As there will be only 12 pilots, no other area will be allowed to take part. If he looks at what we have circulated this afternoon, he will be able to see that the pilots will take place only in certain areas. After that, the matter will come back to this House for full assessment, full debate and full scrutiny.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

Before entering this place, I was in business for 25 years. It is absolutely right to consider the needs of large businesses and, of course, small businesses, and the family lives of workers, but, as all business people know, the customer comes first. If the customer wants to shop at other times at the weekend, should they not be allowed to do so, and is the pilot not the right way to take it forward? Members on both sides of the House say that customers do not want this policy, but should we not ask them, through a pilot, to see if they actually do want this and to see the effect that it has on small businesses in particular?

[Brandon Lewis]

My hon. Friend gets to the heart of a key issue: what is right for the wider community and for our consumers and residents? To build on his very direct point, let me add that I spoke to somebody just last week who made a very salient point: as someone who works in the health service six days a week, they really want this wider opportunity on a Sunday to shop in the way everybody else does on a Saturday, a Friday and a Thursday, and to spend time with their families in these shopping areas, supporting their high street, as many of us can on a Saturday. I am sure that there are many Members of this House who work hard on a Saturday and who might also take advantage of this freedom on a Sunday.

[John Stevenson (Carlisle) (Con)]

I live in Carlisle. Last Sunday, I went shopping in Gretna. Is it not right that the people of Carlisle get the same opportunity as Scottish people to decide whether we should be open on Sundays?

[Brandon Lewis]

My hon. Friend will know as well as I do, if not better, that businesses in Carlisle want this power; indeed, the Labour local authority wants it, and it may well bid to be one of the pilots.

I should be very clear: if amendment 1 is not accepted today, we will only go forward in the other House with our new amendment, which will mean there are only 12 pilots—no more than that.

[Victoria Borwick (Kensington) (Con)]

I thank the Minister for letting us know about the zoning proposals. Perhaps he could clarify whether London could be a zone itself, or whether that will be delegated to the individual local authorities. London is obviously a diverse area, and many people would appreciate working on Sundays, whereas they would not like to work on another day—so there is flexibility in this new employment. Equally, on the Minister’s point about America, there is obviously a higher church attendance, but there is also much more freedom on this issue. We are a great capital city, and we would like to trade on Sunday.

[Brandon Lewis]

My hon. Friend makes a good point. I can appreciate that parts of London would want to come forward as a zone. For example, some of the evidence shows that, in the west end alone, that could be worth almost £400 million a year for the economy, with 2,500 jobs being created. However, it would be for areas to bid to be one of the pilot areas.

London is actually a really good example of how the market drives these things. Even on the days when shops can open for as long as they like, Members may find that, if they wander to the west end in the middle of the week, shops do not open particularly longer hours, so that, by the time we finish in this place, they are not open. Businesses can make that choice; what we want to do is make sure that they have that choice, that it is locally driven and that local residents have a choice as well.

[Hannah Bardell (Livingston) (SNP)]

For the purposes of clarity, will the Minister tell us how the proposals, which we have not yet seen, will assess the impact on premium pay not just in Scotland but in the rest of the United Kingdom?

[Brandon Lewis]

I would say to the hon. Lady and to colleagues around the House that, as we put these proposals forward, it is important that we make sure that the key performance indicators that will come back to the House a year after the pilots—we will run the pilots for 12 months—cover a whole range of issues. She makes a fair point, and if it is one of the points she and her colleagues want looked at in the pilots, I am very happy to make sure it is. [Interruption.]

The hon. Member for Cardiff West (Kevin Brennan) asks from a sedentary position whether I am going to use up the entire time, and I would gently say to him that, no, I will not. I am about to conclude, but I would just point out to him that I have been spending much of my time taking interventions from his hon. Friends. I find his comments slightly surprising, bearing in mind that this is not an issue he felt needed voting on in Committee.

[Mr Shuker]

Will the Minister give way?

[Brandon Lewis]

No, I am not going to take an intervention. We need to allow other hon. Members to have their say.

We have listened to the principled opposition to our plans. I have listened to colleagues who have made strong, passionate and clear proposals to us, and we are amending them accordingly with our proposal for an exploratory evaluative phase, which we will lay amendments for in the other place—a draft is available for colleagues to look at now. I therefore call on all Members to support the Government’s amendment and to vote against amendment 1.

[Bill Esterson (Sefton Central) (Lab)]

Welcome to our deliberations, Madam Deputy Speaker. I should refer the House to my entry in the Register of Members’ Financial Interests.

That really was the “Trust me, I’m Honest Brandon” speech: “We’ve got it wrong so far. We promise to do better next time, so I’m begging you to support me, despite making such a mess of things so far.” Honestly, have we ever heard anything quite so absurd?

The Minister asked why we did not vote against the measure in Committee, so I will read him what my hon. Friend the Member for Cardiff West (Kevin Brennan) said then:

“I will cut short my comments and simply say that we are against these proposals—”

that sounds pretty clear to me—

“but we will not vote against them at this stage because we want the opportunity to test the opinion of the whole House on Report.”––[Official Report, Enterprise Public Bill Committee, 25 February 2016; c. 328.]

Today that is exactly what we are doing.

16:15

Let me turn to the Minister’s last-minute—indeed, after-the-last-minute—offer to invite local authorities to participate. Why on earth did he not do that in the first place? Let us be clear: there is no offer today for Government Members to vote for pilots, and no way of guaranteeing them. The Bill contains nothing about pilots. Do we take the Minister at his word, given what has gone before us previously on this subject?

[Joan Ryan]

Is my hon. Friend aware of any provision that allows Government Members to pre-empt a decision in the other place, or to offer this strange variant on a deferred Division on a proposal that nobody anywhere—other than those on the Government Front Benches, and possibly not all of them—actually wants?

[Bill Esterson]

My right hon. Friend makes a good point, and the Government have had ample opportunity in the Lords—[Interruption.] As my hon. Friend the Member for Makerfield (Yvonne Fovargue) reminds me, this provision was not even mentioned in the Lords. It was not in the original Bill, and it was not mentioned until Second Reading, when the Secretary of State announced for the first time that the Bill would cover Sunday trading. The Minister had plenty of time to table amendments then, in Committee, or today, but he chose not to. Why should we believe a word he says?

[Mr Shuker]

Let me underline the point made by the hon. Member for Enfield, Southgate (Mr Burrowes). If we want enhanced provisions, surely the logical thing is to vote for amendment 1. There is nothing to prevent the Minister from bringing his provision forward in the House of Lords, regardless of the vote, other than the fact that we have not amended the Bill and it stands in the way he has presented it to us today.

[Bill Esterson]

I completely agree—

[Brandon Lewis]

rose—

[Bill Esterson]

Let me answer my hon. Friend. Perhaps the Minister will answer the similar point made by the hon. Member for Christchurch (Mr Chope). Why does he not go back to the drawing board, start again with a new Bill, and bring it back to us once it has been properly considered? Both Houses should have ample opportunity to consider this issue properly, debate it fully, and get the right conclusions and legislation. He could start again.

[Brandon Lewis]

Let me help the hon. Gentleman and his colleagues. I outlined the measures in the way I did because, if amendment 1 is accepted, the Sunday trading clauses will not apply. We need to support the Government amendments in order to amend the Government amendments in the House of Lords. From a technical point of view, that is why we did it in that way. I want to ensure that we run these pilots for the benefit of local economies.

[Bill Esterson]

That is complete nonsense. The Minister had long enough when he was on his feet to demonstrate the nonsense of what he is saying. The only way to do this is to start from scratch, and enough hon. Members across the House have made that point. The Minister should listen, particularly to his own Members, who have made that point well.

[Rachael Maskell (York Central) (Lab/Co-op)]

Are we moving towards talking about a hypothetical amendment with hypothetical evidence, when in fact this provision could create huge risk for neighbouring areas that will not be part of the pilot? In 12 months’ time, those businesses may no longer exist.

[Bill Esterson]

That is an excellent point, and I will expand on it later.

[Mark Durkan]

Do we not have a choice today between a clear amendment that we can understand, feel and touch, and, not just a flat-pack pilot scheme, but an artist’s impression of a flat-pack pilot scheme? It would be ludicrous for the House to buy that.

[Bill Esterson]

In both his interventions the hon. Gentleman has made the point as well as anybody, and I completely agree with what he said.

[Several hon. Members rose—]

[Bill Esterson]

I really should make progress and I will take more interventions later.

I congratulate the hon. Member for Enfield, Southgate (Mr Burrowes) and all who have signed his amendment. He gave an excellent speech with a measured and appropriate tone. I commend the Keep Sunday Special campaign for its hard work in making sure all the arguments were marshalled, given the Government’s failure to provide evidence in a timely fashion.

Sunday is the one day a week when workers in larger stores do not have the prospect of having to work long hours. It is the one day a week when those workers have the prospect of spending at least a part of the day with their families. For many people of faith it is more than that: it is the most important day of the week. For many people of faith and otherwise, Sunday is a day of rest. It is also the one day a week when smaller retailers have a slight competitive advantage and can stay open longer if they wish.

Nearly 3 million people, one in 10 of our workforce, work in the retail sector. This matters a great deal. There will be profound changes to the lives of many people, both at work and outside, if the changes go through.

[Mrs Main]

I would like to ask the hon. Gentleman the same question I asked my hon. Friend the Minister. What discussions has he had on what is effectively the pilot operating in Scotland, which we can look at to see how beneficial, leaving aside what is being paid to the workers, liberalisation has been to the Scottish economy? Has he looked at that?

[Bill Esterson]

I am sure SNP Members will answer the hon. Lady’s question. The reality is that we have a great British compromise that allows different situations in different parts of the United Kingdom.

Before the election, as we have been reminded a number of times, the Prime Minister’s office confirmed that the Prime Minister had no plans to change Sunday trading. The Conservative party manifesto did not state that it would change Sunday trading. Many Conservative candidates—a number of them have told me this—wrote in good faith to constituents to confirm that the Government would not be implementing such changes.

In Committee, the Minister justified the changes by saying the current rules date from a time before the internet—1994, to be precise. In a Populus survey from January this year, however, not a single respondent said that restrictions on Sunday trading were a reason for them shopping online—not a single person out of 2,008 people in a representative sample. Yet online trading is given as a key reason for needing to extend Sunday trading. For good measure, not a single industry or media analyst suggested that the recent poor Christmas trading results were caused by a lack of opportunity for shoppers on Sundays. Unbelievable!

The Minister told us in Committee that the reason for the change of mind was that when the Prime Minister’s office wrote the letter it was as the Prime Minister of a coalition Government, but that now he is the Prime Minister of a Conservative majority Government everything has changed. Presumably, he intended to become the Prime Minister of a majority Government when his office wrote the letter and when it wrote the manifesto, and I rather doubt that that cuts much ice with Conservative Back Benchers who support the Keep Sunday Special campaign.

The Minister also told us that the proposed changes were about devolution and decisions being taken by local people. However, as council chief executives have clearly said, in most areas, the changes would be applied to out-of-town shopping centres, to the detriment of high streets. Those same chief executives have also pointed out that, if one council introduces changes to Sunday trading, their neighbours will have little or no choice other than to follow suit, or run the risk that trade would migrate to businesses in the neighbouring authority. This is not the localism the Government claim. It is passing on the blame for an unpopular measure that only one in eight people support, according to a Populus poll last September. We were told that the changes would help the high street.

[John Stevenson]

Does the hon. Gentleman not think it is right that the people of Carlisle should decide whether shops are open on a Sunday, so that they can compete on an equal footing with Scotland, which is only nine miles away?

[Bill Esterson]

If the hon. Gentleman wants to organise an Adjournment debate about the people of Carlisle, I am sure the Minister will answer him. The reality is, however, that if one—[Hon. Members: “Answer!”] If hon. Members will let me answer the question, I will. If one council changes its rules, neighbouring authorities will feel under pressure to do exactly the same thing. They will have no choice. If a Tesco opens on a Sunday until 10 o’clock at night, then the Tesco, Asda or Morrisons in the borough next door will have to open until that time, too.

[Kevin Hollinrake]

Will the hon. Gentleman give way?

[Bill Esterson]

I am going to make some progress, because unfortunately the Minister took up so much time.

[Sammy Wilson]

Does the hon. Gentleman agree that the hon. Member for Carlisle (John Stevenson) has just made his point for him? If the people of Carlisle were to decide what happened in their area so that they could compete with Scotland, the next-door council would make exactly the same argument. The shadow Minister is exactly right: that would have the effect of ensuring that this was not localism, but a national decision.

[Bill Esterson]

I thank the hon. Gentleman for his intervention. The hon. Member for Kensington (Victoria Borwick) asked the Minister about zoning and whether London could be a single zone, but why stop at London? Why not designate England as a single zone, given that that is exactly what would happen because of the domino effect of the proposal?

[Barbara Keeley]

My hon. Friend is making a very good speech. The Trafford centre is a large shopping centre situated next to my constituency. It attracts an enormous amount of traffic, so if it extends its hours my constituency will never get a moment’s peace. Moreover, building work on the Government’s motorway project can take place only when the Trafford centre is not busy. [Interruption.] It is not my council. If the Trafford centre opens 24/7, the logistics will make things impossible for my constituents.

[Bill Esterson]

There are similar examples up and down the country. My hon. Friend is absolutely right.

Let me turn to some of the evidence we have been given in the lead-up to this debate. During the Olympics, convenience stores experienced a fall in Sunday trade of up to 7%. There was also a displacement of trade to different times of the week, but, instead of an increase in overall trade, there was a slight fall. The Government assumption that people will have more money to spend just because the shops are open longer does not bear scrutiny once we start to look at the evidence.

Meanwhile, the extra Sunday hours would increase costs in those large stores that stay open longer, and while there will be some displacement from convenience stores to larger retailers, as happened during the Olympics, there will be little or no overall increase in trade to pay for the increased cost in most shops.

[Chris Philp]

Will the hon. Gentleman give way?

[Bill Esterson]

I am going to make some more progress before I take any more interventions.

The larger retailers that open longer will have to find a way to reduce costs, which means removing the premium for shop workers. Given that the major retailers operate UK-wide, a change in pay and conditions in England and Wales will mean changes in Scotland and Northern Ireland as well. Premium pay on Sundays is viable across the UK because large retailers in most of the UK are restricted to six hours’ opening. The time and a half paid to many shop workers will be under threat to make up for staying open longer across the UK, which, of course, is why this is a UK-wide matter and why it is entirely appropriate that Members from across the UK have a vote on this very important proposal.

Removing time and a half would cost shop staff who work an average shift in Scotland £1,400 a year, which in anybody’s money is a very significant hit, particularly for those on low pay in the retail sector. The proposed changes in England in Wales would have a profound effect on workers in Scotland, and I am glad that the SNP recognises that Scottish workers will be hit. I was a bit surprised when the hon. Member for Livingston (Hannah Bardell) told us in Committee that, while her concerns focused on Scottish workers, the SNP welcomed the additional employee protections in the Bill, which she ascribed to

“the strong and principled action of the SNP”.––[Official Report, Enterprise Public Bill Committee, 25 February 2016; c. 322.]

We will come to how those protections will not do what the Government claim they will, but I am glad that the letter from my right hon. Friend the Leader of the Opposition and the leader of Scottish Labour, Kezia Dugdale, has had the desired effect. I welcome the SNP’s confirmation that its Members will vote against the Government, and I look forward to them joining us in the Lobby.

[Hannah Bardell]

Will the hon. Gentleman give way?

[Bill Esterson]

I don’t have a choice, do I?

[Hannah Bardell]

On a point of clarity, the hon. Gentleman can read the record for himself, as can members of the public and Members of this House, but we have been very clear. We engaged with all sides of the argument up until the point where we took a decision at our group meeting as part of a democratic process.

[Bill Esterson]

I am grateful to the hon. Lady for that intervention. All I will say is that I am glad that she and her colleagues came to the right decision in the end; it does not matter how they got there.

16:30

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Will the hon. Gentleman give way?

[Bill Esterson]

I am not going to take any more interventions at the moment. We have not got very long, because the Minister took so much time, and a lot of Members want to speak.

The Minister claimed that the Bill would help workers, but 91% of shop staff oppose longer Sunday opening hours and only 6% want more hours on Sundays. Listening to the Minister in Committee, we might have been forgiven for thinking that the figures were the other way around. The Minister says that he is improving workers’ ability to opt out of Sunday working. Let us just go through some of what happens now. Staff who apply for jobs with some retailers are asked whether they will work Sundays. Failure to say yes can mean no interview. Staff who are still in their notice period who try to opt out of Sunday working can and do lose their jobs. Staff who try to opt out of Sunday working can and do lose hours. Staff who want to opt out come under pressure from managers and colleagues not to do so. The reality is that staff already have to work on Sundays in too many large retailers when they do not want to, when they would rather spend more time with their children or—as most people want to do on Sundays—enjoy leisure time or rest. What happened to the family test?

[Chris Philp]

Will the hon. Gentleman give way?

[Bill Esterson]

No, I am not going to give way.

The Prime Minister said that the family test should apply to all legislation. I understand that it is in the impact assessment. I have not had time to read it in detail, because we had only two hours’ notice of its publication, but I understand that it says that when it comes to the family test, the overall impact is unclear. It is clear enough to families of shop workers up and down the country that the measure will have a profound effect on them and on what happens on Sundays.

[Helen Goodman (Bishop Auckland) (Lab)]

Will my hon. Friend give way?

[Bill Esterson]

I am not going to give way at this stage.

Because of the cost of going to an employment tribunal, it is beyond the means of most workers to challenge their employer, especially if they have just been fired. The changes to employee rights will not change the realities faced by shop workers, and they will not change the difficulty of getting access to justice at an employment tribunal. Shop workers will, all too often, have no choice, just as they often have no choice at present. They will have to work longer hours, in many cases, whether they want to or not.

What of the evidence for the reforms? We have heard the farcical answers about the consultation, and how the Department cannot publish the details because people chose to write their answers in their own words. What absolute nonsense. There are so many things to choose from in this farce, but that really sticks out. The Government have claimed that a majority of large businesses are in favour of the changes. That is one bit of the consultation that they have bothered to publish. However, retailers, including Sainsbury, Tesco, John Lewis, Dixons and Marks & Spencer, expressed their opposition to the Prime Minister at a meeting last week and pointed out that their customers do not want to be able to shop for longer on Sundays.

Until noon today, we awaited the publication of the impact assessment, on which, presumably, the Sunday trading clauses are based. We were told in Committee that it would be published soon. It has been published, as of two hours ago, so Members have had less than three hours to consider the Government’s impact assessment on a piece of legislation. Seriously, what a way to do business. It really is an outrage.

The measure represents a broken election promise. It will have a domino effect among local authorities. High streets will be harmed, not helped. Smaller retailers will lose business. Staff will be unable to refuse to work longer hours. There will be cuts to premium pay in Scotland, as well as in the rest of the UK. That is all backed up by the lack of any published evidence to support the measure until the last minute, and I am not convinced that it does back it up. Remember that the Bill started life in the Lords, and Sunday trading was introduced in the Commons only at the very last minute. The measure has not had any scrutiny in the Lords. This is a significant change for businesses, shop workers, faith groups, families and all who want to keep Sunday special. The Government have not made the case for their proposal, and the suggested possible amendment, which may be introduced at some time in the future, will not do so either.

We know that the Government want to make this change, although many large retailers do not. If they really insist that this is right and that there are serious reasons to introduce something so far reaching that was not in the manifesto, they should do so with full scrutiny and with evidence. They should give Members of both Houses the opportunity to make sure that any changes made are done with great care, given the far-reaching consequences of what is proposed. That does not mean tabling a last-minute manuscript amendment in a desperate bid for a last-minute deal.

As far as what is proposed on the amendment paper today and the way in which it has been proposed is concerned, Labour Members will stick to the consistent line we have had all along. Let us keep our great British compromise on Sunday trading and support the amendment tabled by the hon. Member for Enfield, Southgate.

[Several hon. Members rose—]

[Madam Deputy Speaker (Natascha Engel)]

Order. Hon. Members can see how many people want to speak and only a little over an hour is left before the end of the debate. If they could keep their speeches very brief, the whole House will be grateful.

[Nadine Dorries (Mid Bedfordshire) (Con)]

I rise to speak because if I said this in an intervention, I would test the patience of the House by speaking for too long.

When I first arrived in the House, I was told by a veteran that in the House were good men, clever men and those with good grace. I want to pay tribute to the Minister, who has somehow managed to climb the greasy pole while embodying all three qualities. As Members on both sides of the House know, he is an incredibly hard working Minister for Housing and Planning. When were in opposition, I was always quick to praise Labour Ministers, including those who once held a similar position. I will forgive him for the fact that he is sending notes to love bomb the waverers.

I also pay tribute to my hon. Friend the Member for Enfield, Southgate (Mr Burrowes). It would have been a shock, from what I know of his 11 years in the House, if he had not led on this amendment today. He is a man of huge principle. Those of us who have been in the House during those 11 years and have heard him speak with huge conviction on such issues will understand why he has led on this amendment and why so many of us support him.

This whole issue is rooted in devolution, the natural direction of which is towards localism. Therefore, at the risk of sounding like the Leader of the Opposition, I want to speak on behalf of my constituents. Mr Kishor Patel was shortlisted for retailer of the year last year. He came to the House of Commons and was the runner-up. He runs Nisa in Toddington in my constituency, where he has opened a number of stores. He is an amazing small retailer. He recently took a derelict pub in my constituency and turned it into a restaurant. He says that he does not want me to support the proposal in the Bill; he wants me to vote against it. His pub is at its busiest, with families enjoying themselves, on Sundays. He is incredibly worried that, if the proposal goes forward and bigger stores can open for longer on Sundays, pubs like his will not stay open for longer, but will fail. It is the business he does on Sundays, when families can enjoy themselves at the local pub, that makes the difference between its being profitable and not profitable.

Mr Patel also does not want me not to support the proposal in the Bill because of the impact on his small high street shops, which are valued by local communities. In my constituency, it is not particularly easy to get out to the big stores, so people depend on small high street stores. However, the situation would be quite different if the big stores were open all day, because people would make the effort to go out to the bigger stores or to travel into London, and that would have a huge impact on local shops in Mid Bedfordshire.

I want to declare an interest in that my family owned a local shop. The hon. Member for Worsley and Eccles South (Barbara Keeley) mentioned the Trafford centre. When that opened and got busy, the family local shop stopped opening on a Sunday and began to suffer as a result. It is a known fact that small high street shops must constantly go the extra mile to compete with the big stores. They do not have the resources to man their stores seven days a week—and seven nights a week, because the paperwork, the ordering, the PAYE and so on is done while the shop is closed, not when it is open.

This proposal was not in our manifesto. The Bill began in the Lords, not in this House, and the policy has never received sufficient public discussion. If we want to do this, let us put a measure in the Queen’s Speech and let the public know about it properly, and let us have a full consultation and a public debate.

[Hannah Bardell]

I am pleased that we have the opportunity to debate the extension of Sunday trading hours. Since the original proposals were withdrawn by the Government, my colleagues and I have been engaging widely with people and organisations on both sides of the debate. Contrary to media speculation and the misinformation peddled by Government Front Benchers, the SNP has, as we said we would, reached our conclusions on the basis of the evidence that has been presented to us.

There are a variety of views across this House and across the country. I intend to outline my concerns about the effect of the UK Government’s proposals on workers’ rights and benefits in Scotland and the UK. However, I should say at the outset that my SNP colleagues and I have no objection to the principle of extending trading hours on Sundays. After all, in Scotland, as has been said many times, we already enjoy unrestricted trading hours on Sundays. It is important to note that in the past, restraints on Sunday opening in Scotland have existed, but they have largely been social rather than legal. There are, of course, areas of Scotland where there is greater religious observance and Sunday opening hours are more restricted but, in general, the practice of longer opening hours on Sundays, particularly in retail, is now well established throughout Scotland, and some evidence suggests that that has been the case since the late 1980s.

The UK Government’s proposals represent the uniform deregulation of trading hours restrictions across these islands. That is not necessarily a bad thing, but without adequate legal protections, which we and others have called for, the employment protections of workers and their remuneration would be threatened.

The Government’s impact assessment, which was published only this morning, identifies more than 450,000 retail workers across the UK who receive premium pay, but in the 44-page assessment, the Government dedicate just one paragraph to that and dismiss out of hand the concerns of workers and of USDAW. Even now, faced with defeat, the UK Government refuse to offer assurances about premium pay. They engage in ping-pong politics, looking for ways to get the numbers through the Lobby.

[Alan Brown]

My hon. Friend rightly underlines the point that we have always made about the long-term erosion of premium pay. A sham of a pilot has been offered, but does my hon. Friend agree that that cannot address the long-term erosion of premium pay? Nobody participating in a pilot is going to take away premium pay—they will have to wait until the pilot is finished.

[Hannah Bardell]

I entirely agree.

My SNP colleagues and I made it clear in November last year that we would oppose the UK Government’s proposals, and we oppose them now. We challenged the UK Government to think again about how they could provide the necessary guarantees and safeguards to shop workers in Scotland and the rest of the United Kingdom. I was pleased that the Government tabled a new schedule in Committee—it now forms part of the Bill, although it is threatened with removal—that sought to amend the Employment Rights Act 1996 to give more explicit protection to shop workers opting out of Sunday work, including protections against such workers being discriminated against. Our Labour colleagues have referred to the legal opinion that they obtained.

SNP Members welcome the extra protections for workers. They show that the UK Government can, when they want to, listen and, on occasion, act to do the right thing. The SNP commissioned its own legal opinion from a leading Scottish silk to examine the protections in detail. We are satisfied that they represent a significant increase in employment protection across the UK, and those protections would not have materialised without the SNP’s opposition.

16:45

There remains, however, the issue of the implications of an effective UK-wide deregulation for the provision of premium pay in Scotland. The shop workers trade union, USDAW—I pay tribute to it and to its general secretary, John Hannett—has done a huge amount of work on this issue and has engaged extensively with parties across the Chamber and, indeed, across society. It has warned that the implication of the legislation, without safeguards, is that premium pay for Scottish workers, and indeed workers across the UK, will be threatened by erosion. The Scotland-based consultancy BiGGAR Economics has estimated that the loss of premium pay would affect some 60,000 workers in Scotland, with an estimated loss of income of up to £74 million a year.

[Chris Philp]

Will the hon. Lady confirm that if these proposals are passed, they will increase protections for workers in Scotland? Will she also confirm that the arrangements in Scotland and England would be identical, meaning that she will be voting against arrangements that already apply in Scotland?

[Hannah Bardell]

As I have just said, employment protections will increase, but no Minister has said anything about pay protection, which I shall speak about later.

Low-paid workers might lose out even further if they lose their premium pay. USDAW has expressed significant concern that when universal credit is rolled out in May 2016, any loss of Sunday premium pay by families working in retail would trigger the end of their transitional protection at tax credit rates and they would be transferred to the far lower rate of universal credit. That is an extremely important point.

It is an interesting phenomenon that a greater proportion of lone parents work in retail on Sundays than on any other day of the week, yet if one of those lone parents was to lose their premium pay and to be transferred to the lower rate of universal credit, they would have over £2,000 less in their pocket. I and my SNP colleagues are not prepared to gamble with the pay packets of some of Scotland and the UK’s lowest-paid workers.

Moreover, it is an obvious point, but the erosion of premium pay as a result of Sunday trading hours is a real threat not just to Scottish workers, but to shop workers across the UK. We said ahead of the 2015 general election that the SNP would be a progressive force in Westminster and that we would work with others to pursue progressive policies and protect the most vulnerable—and not just in Scotland, but across the UK. In voting against these ill-conceived measures, that is exactly what we are doing. We in the SNP do not just write our manifesto commitments down; we actually deliver on them.

Although the crux of our argument is about the erosion of premium pay, there is a wider debate going on. We should focus our minds on the wider issue of fair pay. In my maiden speech, I spoke about the importance of decent pay for decent work, and about my own family heritage, being from mining and shop worker roots. My grandfather was a miner and believed firmly that no worker should have to seek overtime to make ends meet. Therefore, while we must protect the premium pay of the lowest paid, we should also be continuing the fight for fair pay for the lowest paid in our society. That means a real living wage, not the fake one dreamt up by this UK Government.

We have challenged the UK Government to give assurances and to provide safeguards for the provision of premium pay in Scotland, and they have failed to do so. There is not a single clause in the Bill, or any sentence that any UK Government Minister has uttered in our proceedings on it, that is significant enough a reassurance that Scottish shop workers, and indeed shop workers across the UK, will not lose out because of a lack of protection for their traditional rates of pay. We will oppose anything that puts in doubt the premium payments that lower-paid shop workers in Scotland have for Sunday working.

[John Stevenson]

The hon. Lady is banging on about fairness. Is it fair for a business in Scotland potentially to have a competitive advantage over a business that is 9 miles away?

[Hannah Bardell]

The hon. Gentleman is missing the point. What is not fair is for the UK Government to bring in provisions that will have a knock-on impact on Scottish workers and reduce wages. It is on that basis that we oppose them. The UK Government have had time to bring forward the necessary safeguards and guarantees that there will be no detriment to shop workers in Scotland or the rest of the UK, but they have failed to do so.

There is a fundamental point about process and respect for Parliament, its Members and the constituents we represent. We owe it to our constituents to do our business in a manner that is fair, open and transparent. The Secretary of State and the Minister should listen to that. The way in which the provisions have been shoehorned into successive Bills as a last-ditch slapdash amendment is appalling. The Government should do their business better if they want to command the support of the House or the UK public.

The UK Government have left it to the last possible moment to publish the impact assessment and the family test, and they would not devolve employment law to Scotland. For that reason, and for the good of shop workers across Scotland and the UK, and the 450,000 of them who receive premium pay, my SNP colleagues and I will support the amendment in the name of the hon. Member for Enfield, Southgate (Mr Burrowes) to remove the Government’s proposals from the Bill.

[Mrs Caroline Spelman (Meriden) (Con)]

I rise to speak in support of amendment 19, which I suggest is a workable compromise. As Second Church Estates Commissioner, I met Treasury Ministers to try to understand the reasons why the Government wanted to change the original compromise of the Sunday Trading Act 1994. I was told that there were two principal reasons: first, to address the demise of the high street; and secondly, the need to remain competitive with neighbouring countries, notably France.

Online shopping was cited as the principal cause of the recent demise of the high street, but longer-term competition from out-of-town shopping centres has also caused that demise. I doubt very much that keeping shops open longer on Sundays will stop people shopping online. Anyone who has been shopping with their teenage or young adult children will know that they go to the shops to look, and say, “Mum, we won’t buy it here because there’s an online discount.” Rather like Canute, we will find it very difficult to turn back the tide.

[Robert Jenrick]

Will my right hon. Friend answer the point that I tried to make in a previous intervention? Behind every online transaction, there are tens of thousands of British workers, including in Newark’s Knowhow warehouse. Those people have rights, too. She is standing up for one type of worker and ignoring the fact that tens of thousands, if not more, are working elsewhere behind the scenes.

[Mrs Spelman]

My hon. Friend makes a perfectly valid but separate point. I am addressing the question of whether keeping shops open longer will stop people shopping online; he wants people to have jobs servicing the online industry. As has been pointed out, a number of high street stores are successful in maintaining their high street position and at the same time giving an online offer.

I am prepared to concede that we need to remain competitive as a country, so I asked the British embassy in Paris to give me details of the recent change in French Sunday trading laws. Essentially, my amendment, which I have tabled with the help of the Clerks, seeks to mirror as closely as possible how the French Government have approached the very same question by designating localised tourist zones.

The Macron law—it is named after the Minister who introduced it—extended the number of Sundays for trading in France from five a year to 12 a year. Essentially, it is one Sunday a month. By happy coincidence, it created 12 zones. Six are in Paris, and it might be a welcome distraction to Members to run through where they are: Boulevard Haussmann, Champs-Élysées, Saint-Germain and Montmartre. That gives colleagues a sense of the size of the zones that the French Government identified. There are zones in six other regional cities, including Cannes, Deauville and Nice.

That allowed local government to designate smaller tourist zones, where shops under special licence could open for longer. The right hon. Member for Tottenham (Mr Lammy) indirectly asked how the French Government designated tourist zones. The answer to his question is that they collected data on the profile of shoppers who used those zones. Their definition was that the zone should show exceptional attendance by tourists residing abroad. Crucially, those tourist zones do not have wider application, which reduces the negative effects on smaller shops and convenience stores, which we have discussed.

The Olympic park experience is important because, in essence, it is the only practical pilot we have to go on when discussing the likely impact of extended opening. When the practical experience of 2012 was analysed by Oxford Economics, it was ascertained, as Members have pointed out, that small and medium-sized enterprises in up to a two-mile radius from large supermarkets in the area lost over 3% of their weekly sales income. If that is extrapolated to the national scale, it is estimated there would be an annual loss of £870 million in sales for all types of convenience stores and a net loss of 3,270 retail jobs in England and Wales, were longer Sunday trading hours to be made permanent, in line with the experiment during the Olympics.

I have been contacted by local Nisa and SPAR convenience store providers concerned about the implications of these changes on smaller stores. I also share the deeper concerns expressed by my hon. Friends, including my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), the Keep Sunday Special campaign and the Church of England, about the erosion of a general day of leisure on which people can be available for shared activities with friends and family, especially those who build up community spirit and strengthen families.

I have talked to shop workers in large stores who often get their free time in half days on days other than Sunday, when family and friends might not be available. Until today, we have not had a detailed impact assessment, so I tend to agree with the Bishop of St Albans, the lead spokesman in the Church of England on Sunday trading. He said that:

“an increase in opening hours will only lead to more people being pressured into spending Sunday apart from their children and families.”

[Kevin Foster (Torbay) (Con)]

As my right hon. Friend will be aware, I represent a constituency with a large tourism industry. How would her suggestion work, given that in Paignton, for example, parts of the town centre are used by locals, yet the out-of-town supermarket is used by people going to the holiday camps? How would this result in a tourist zone?

[Mrs Spelman]

This is essentially a devolved proposal. It would be for local authorities to express an interest in being a designated tourist zone. My amendment limits temporally and geographically the potentially deleterious impact on SMEs. It has the capacity to deal with extended opening hours during the British holiday season, as well as during the Christmas season, when many places—Blackpool, for example—experience an increase in tourist trade.

Research has shown that the majority of shop workers do not welcome the opportunity to work longer hours on a Sunday. I commend Ministers for including improved legal protections in the current provisions, but the practical reality in the workplace is that if someone is worried about losing their job, they will not want to ask for a special concession not to have to work on a Sunday. Similarly, if someone wants a promotion, they will not want to ask for that concession, because their competitors in the promotion stakes might not ask for a comparable one.

I welcome the Government amendment, which did make it on to the amendment paper, to give local authorities the power to restrict Sunday trading to zones, but I am concerned that the zoning is potentially too broad in its impact. For example, it would not be strong enough to avoid a combined local authority-wide mega-zone occurring, which, in my view, would have an excessively negative impact. A trial would also make it difficult to discern the selected impacts on different businesses within such a wide zone.

It is obviously not the Minister’s fault that the manuscript amendment was not selected. He indicated that it gave us a feeling for what he would like to do—it was a valiant effort—but the difficulty for parliamentarians is that it is not actually on the amendment paper. As somebody said, we need an amendment that we can feel and touch. I believe that a compromise that benefits families and UK competition lies in the tourist-zone model. I strongly encourage Members to support this compromise.

[Several hon. Members rose—]

[Mr Speaker]

Order. We have just under 50 minutes and many people wish to contribute. If everyone speaks for four minutes, we could have another 10 or so contributors. I ask Members to consider each other.

[Mr Lammy]

I was very pleased to add my name to the amendment proposed by the hon. Member for Enfield, Southgate (Mr Burrowes). I did so because although I recognise that none of us wants excessive regulation for our communities and that people should have the freedom to shop at convenient times for them, I think that the settlement reached by this House in 1994 was the right one, and I do not see the demand across this country to change that arrangement.

My primary concerns are twofold. First, there is the protection of family life. Some 75% of parents in this country feel that work impinges on their family life. Many of us have been abroad—in Spain, Portugal or France, for example—and we found real restrictions when it came to finding things open on a Sunday. We have been out at lunch time and found that the shops are on siesta. Why is it that in this country, this Government think we should put the free market above everything else? It is conservative to protect the family, and the family is worth protecting.

17:00

We debate issues such as knife crime here, and lament the fact that families do not have time to sit around the table with their children; we want to see parents supporting their kids to learn to read and to help them with their homework, but when do we think those activities are being done? They are done on a Sunday.

Secondly, what is the face of the people we will be asking to go out and shop? We should think of the security guards now being made to work on a Sunday. We should think of the cleaners and of those stacking the shelves. They are the faces of my constituents. The balance we have in this country is right. To change it through the back door to allow a domino effect—one local authority has to make changes because the neighbouring local authority made them—is wrong. Let me add that to undermine independent shopkeepers who are universally against this change is also wrong. We should support them.

Family is reason enough. We have debated the family here on numerous occasions, and the Prime Minister himself has said that he wants to run a family-centred Government. For this reason alone, we should oppose the change and support the amendment.

[Mr Jackson]

I rise more in sorrow than in anger. I have made my views known to the Minister. I am disappointed that I shall have to support not the Government but the amendment proposed by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes). I shall not support the amendment proposed by my right hon. Friend the Member for Meriden (Mrs Spelman) because I think what can be classified as a tourist area is a moot point. People might come to Warwickshire near her own constituency and visit Stratford, yet she has Chelmsley Wood in her constituency, which some might describe as a brutalist horror, yet it could be reclassified as a tourist attraction. It will be difficult for lawyers to prove what is a tourist area and what is not. This makes it difficult for the amendment to stand.

This is not an economic issue or even a faith issue, although I pay tribute to the very good speech by the hon. Member for Stalybridge and Hyde (Jonathan Reynolds). It is about what kind of country we want to be. It is a conscience issue. My understanding was that the Sunday Trading Act 1994 was subject to a free vote on what was regarded as an issue of conscience. Why can we not do the same now?

I find it pretty shocking that a manuscript amendment appears on the Twitter feed of Sky News at 2.4 pm before Members have had an opportunity to look at it. I have to tell the Minister that five or six weeks ago, I said to no less important a figure than the Prime Minister that what we needed was a competitive regime in which local authorities could come forward and offer to be pilots, yet that was dismissed. Indeed, Ministers were not talking to Back Benchers about this issue until 48 hours ago—in fact, even less than that. [Interruption.] I mean on the specific issue that we have put forward.

I am not an uber-liberal and I am not a social liberal. I think we have a social contract and a bond with our constituents. We should regulate some behaviours. That is why, for instance, we voted to ban smoking in vehicles with children in them. “Devil take the hindmost” is not the right way in which to pursue this issue, especially given that in 2014 the Prime Minister, no less, said on the BBC news that families should be the prism through which we should decide policy. Indeed, as my hon. Friend pointed out in April 2015, during the general election campaign, the Prime Minister wrote to the Keep Sunday Special campaign saying the same thing.

It is not acceptable that there has been no proper scrutiny and oversight in the House of Lords. It is not acceptable that the Whips packed the Public Bill Committee with people who were likely to be sympathetic. It is not acceptable for the Government to use the relevant section of the Freedom of Information Act 2000 to stifle debate by hiding the number of consultations that have taken place—and we saw the ridiculous answer that my hon. Friend was given by Ministers.

Why has there been no family assessment? Why has there been no impact assessment? Those are important questions that the Government have not yet answered. The issue is important to me because 32% of the economic activity in my constituency takes place in the retail sector, and there will be a domino effect. Decisions will be taken naturally. If Peterborough were to deregulate and adopt a different retail regime, Fenland would want the same, and so would Huntingdonshire, Corby and other local authorities. I think it foolish and naive to assume that will not happen.

What am I asking Members to vote on today? I am asking them to give the Government some breathing space. We know that this proposal has been driven not by the superb ministerial teams in the Department for Communities and Local Government and the Department for Business, Innovation and Skills—I do not always agree with them, but they are very good at their jobs—but by the dead hand of the Treasury. The Treasury has been taking the media flak for this, and the Treasury is putting out the lines to be taken. An obscure Back-Bench Tory MP who votes the right way today is likely to get a brand-new bypass, or perhaps become a special representative to some warm and exotic place of which he or she has never heard.

The fact is that this is an issue of principle, integrity and conscience. I defer to no one in my admiration for the Government’s work in important areas such as the reform of education and welfare, but they are now engaging in a needless and egregious conflict with their own Back Benchers. They do not need to do that. There is no authority for this proposal, because, as we know, it was not in the Conservative manifesto. I have already said that the legal case is threadbare, and I have cited the legal opinion of John Bowers, QC.

I am very fond of the Minister, but only a week or so ago he said that the Government were proceeding on the basis of what was in the Bill after the Committee stage. Today, he waxed lyrical at the Dispatch Box about the fantastic idea of launching pilot projects to open up retail across the country. That does not stack up; it is close, but no cigar. If it was such a good idea, why was it not taken up by senior Ministers weeks ago, when I raised it personally with the Prime Minister? I think that that is a fair question.

If Members on both sides of the House vote against the Government and in favour of my hon. Friend’s amendment, all they will do is allow the Government to consult properly, present coherent arguments, and propose measures that will protect workers’ rights and the special interests of the Association of Convenience Stores—which has raised concerns—while also taking proper note of what is said by the trade unions. They are not always the friends of our party, but they have a right to be heard, and 91% of members of USDAW have opposed the Government’s proposals.

My hon. Friend the Member for Mid Bedfordshire (Nadine Dorries) suggested that new legislation could be proposed in the Queen’s Speech. I can even offer a name: the Sunday Trading (Pilot Projects) Bill. I will invoice the Minister later for that suggestion. We could then have a proper debate, because we would know what we were voting for. I must say to the Minister that this has not been done properly. There has not been proper scrutiny and oversight. There has not been proper debate and discussion. Running around with manuscript amendments at four minutes past two on the day of a Report stage is not good government.

I want to support the Government, and I want them to succeed, but I am afraid that on this occasion, with a very heavy heart, I cannot support them, and I will be voting for the amendment. I will be doing that so that the Government can come back, carry the House in a consensus, protect jobs, protect a way of life, protect family life, and look after the interests of our constituents, because, if for no other reason, that is why we are here.

[Susan Elan Jones (Clwyd South) (Lab)]

I am very pleased to be able to speak in support of the amendment tabled by the hon. Member for Enfield, Southgate (Mr Burrowes), and to be part of the unholy alliance that is doing so. Trust me, it is better to be part of an unholy alliance than to be called a Maoist. The reason that most of us are supporting the amendment is that we are united on several key principles. We stand in support of family life, we oppose the exploitation of shop workers, and we believe in real competition and genuine devolution, which gives fair play to our small shops and supports diversity on the high street. There is unity too because in this country we believe that it is right to keep Sunday special.

Of course society has changed, and the law has changed with it. Some people will point to the recent opinion poll which showed that there is now a bare majority who want to change the law on this matter even further. It is not that we on this side of the House are bitter about opinion polls, but actually, they do not always get everything right. But even if that particular YouGov poll is correct on that matter, let us look at some of its other findings, which show that 58% of the population fear that the Government’s proposals will affect small stores and 48% agree that longer opening hours would be detrimental to family life. Only 27% said that that would not be the case.

The family test has been discussed today, as has the little impact assessment that popped up this morning. Wherever we stand on individual policies, I do not think that any of us would seriously fault the Government’s idea that every domestic policy should be measured against its impact on family life. I really hope that that issue above all else will be taken into consideration. We have a Prime minister who speaks the language of prison reform, who deals with issues such as the stigma surrounding mental health and who, once upon a time, hugged huskies and even Eurosceptics. He himself said that he did not want to change the Sunday trading laws, so does he really want this piece of anti-family legislation to be passed on his watch?

I shall close with the words of one mother, a shop worker, who says:

“As a mother, I would not work Sunday evenings or late afternoons, yet it would be forced on us as we would need more than one manager on a Sunday to cover the hours.”

She is right, and we know that she is not just speaking for herself. She is speaking for hundreds of thousands of people across our country. That is why I believe with the deepest conviction that, whatever our party or background, we need to speak up for those people today.

[Sir Edward Leigh]

When you do not put something in your manifesto—indeed, when you are the leader of a political party and you give a particular pledge—that is a very serious state of affairs. The reason that there is so much disgust with politics all over the world—we are seeing what is happening in America—is that we are no longer trusted. What has changed since the general election? If there were an overwhelming economic case for this proposal, I would understand it, but what has moved on in nine or 10 months?

When I voted, back in 1994, I think it was a free vote. There was no pressure from No. 10 or No. 11, and people were not being shuffled off for chats with Ministers behind the Speaker’s Chair. We were pretty well allowed to vote as we liked, and I voted against. We were told that that was a compromise, and it is a compromise. Are we receiving masses of emails and letters on this proposal? Are there all sorts of pressure from our people arguing that we should change the law? I have not detected any such pressure. So why are the Government running around viewing this as some kind of macho measure? It is not. As my hon. Friend the Member for Peterborough (Mr Jackson) has just said, it is a conscience issue. I put that point to the Minister, and it is an important one for all of us. I ask all my hon. Friends to think about this, and not just about their careers, before they vote tonight.

We as MPs value our Sundays. I have often heard MPs saying, “I’m sorry, but the only thing I will do on a Sunday is attend a Remembrance Sunday event. Otherwise, I want to be with my family.” We must understand that we have great jobs here, with all the privileges that go with them, and we have a duty to look after people who are much less well off than ourselves and who work unbelievably hard, often in fairly grim jobs. Do we want to force them to work even longer hours? All the pressure from big businesses will ultimately be on them, so do we want them to sit behind a till on a Sunday or do we say to them, “We believe that Sunday is special”? Sunday is special, and what is good for us is good for others.

[Michelle Donelan]

Will my hon. Friend give way?

[Sir Edward Leigh]

No, because I want to finish as soon as possible to obey the Speaker.

17:03

The change will put enormous pressure on local authorities and that pressure will be one way. In my local authority area, we have a Tesco, a Morrisons and all the rest of it. If a big store opens up in Lincoln, Tesco will go to West Lindsey District Council and say, “Unless you agree to deregulate and allow us to open all hours on a Sunday, we will close the Tesco in Gainsborough and put 400 people out of work.” This will be the thin edge of the wedge. Wonderful Asian people in all our communities are struggling to keep small shops going, and this will be another nail in their coffin. The Conservative party is not only the party of big business and prosperity, but that of small people, struggling entrepreneurs and the family. That is what this is about.

Sunday is not only an issue for Christians. The former Chief Rabbi Lord Sacks wrote in Prospect:

“Britain used to have its own Sabbath every Sunday. Then it was deregulated and privatised. Holy days became holidays, sacred time became free time and rest became leisure. The assumption was that everyone would benefit because we could all decide for ourselves how to spend the day. This was and remains a fallacy.”

He went on to mention Émile Durkheim’s work on the dangers of individualism and societal breakdown. The Conservative party is not just about individualism; it is about society as a whole. We know the dangers and costs of societal breakdown, and my right hon. Friend the Secretary of State for Work and Pensions, who is sitting behind you, Mr Speaker, has done work on this issue with the DWP’s social justice team. To return to Lord Sacks, he wrote in 2009:

“British culture once had an inner poise and balance…Twenty years of a seven-day-a-week consumer culture has not made Britons measurably happier.”

Our society is becoming more atomised and divided. I say to my hon. Friends that there is a sound, traditional, Conservative case for putting the family first and voting for the amendment.

[Jim Shannon]

It is a pleasure to speak on this matter and to be one of the 70 signatories to the amendment tabled by the hon. Member for Enfield, Southgate (Mr Burrowes). I want to be clear that my party supports the amendment and we will be in the Aye Lobby with the other signatories to ensure that we win the vote tonight. I am quite convinced that we will.

Before becoming a Member in this place, I served as a Member of the Northern Ireland Assembly and, as such, have some knowledge of how devolution works. I have been fascinated to see how the Government have energetically sought to make the case for changing Sunday trading rules using the language of devolution.

[Clive Efford]

Will the hon. Gentleman give way?

[Jim Shannon]

I apologise, but I cannot. The Speaker has been very clear.

The Minister has regularly said that the Government’s position is to trust local communities to make the decisions that are best for them. For anyone who really believes in devolution, however, there is a fundamental problem with that argument. If the Government believed in real devolution, if they really trusted communities to make the right decision, that is what they would have proposed, but that is not what they have offered today. They have proposed to trust communities to make decisions if that decision is to liberalise Sunday trading. That is not real devolution, which would allow communities to extend or restrict Sunday trading; it is simply Sunday trading liberalisation masquerading as devolution.

There are many serious objections to the proposals. While they might lead to job creation in big shops, they will result in large job losses in smaller shops. They will contribute to the further erosion of Sunday premium pay. There are serious problems with the opt-out as a means of protecting people who do not want to work on a Sunday. I believe that many Members on both sides of the Chamber will agree that this is an attack on people of faith, on people of conscience and on those who do not want these changes. In a national opinion poll, 67% of the general public said that they did not want any change whatsoever in Sunday opening—no change on liberalisation. Some 60% of chief executives said that they wanted Sundays to stay as they are.

We must also look at some of the statistics relating to staff: 91% of the 10,000 retail staff who were asked opposed the Government’s plans to relax the current laws; 58% of shop workers—we must remember that they vote for people in this Chamber—in large stores are already under pressure to work more hours on Sundays; and 35% want less Sunday work and 72% suggested that they would face further pressure if regulations changed to allow shops to open longer.

I love this country and the things we stand for, and I feel very proud of our institutions, but as I have looked at the way this Government have handled this issue procedurally, I have become deeply saddened by the tactics they have employed; perhaps one issue on its own could be overlooked, but this has been sustained. These controversial proposals came with no manifesto mandate. The consultation on them was rushed and was held in the middle of the summer holidays, yet despite that some 7,000 responses were submitted, demonstrating that this is indeed a matter of great controversy and public concern. Rather than taking the hint and treading more warily, the Government then took the decision, not once but twice, to introduce this legislation through a Bill that has already been through the House of Lords.

I am very conscious of the time and where we are in the debate, so I conclude by saying that we are already deeply concerned about public disaffection with government and politics, yet in issuing this answer the Government have, in effect, told 7,000 people who engaged in this consultation in good faith that the Government do not understand what they said and so have not been able to take on board their comments. I suggest that a cross-party Committee of Members of this House should be established and given the task of reviewing the 7,000-plus submissions to discern whether it is possible to ascertain whether a submission supports or opposes the Government’s proposals in line with question 1. This is dead simple, so let us do that.

I strongly support amendment 1, because of the risks being posed to small businesses; the threat to the high street, as this will shift more retail to larger out-of-town developments; the pressure that will be placed on shop workers and their families; the considerable problems with the so-called “opt out” and schedule 5; and the serious procedural infelicities that have accompanied the way in which the Government have sought to advance these proposals. I commend the amendment to the House and ask everyone to support it.

[Several hon. Members rose—]

[Mr Speaker]

Order. We have just over 27 minutes remaining. I call Sir Gerald Howarth.

[Sir Gerald Howarth]

I am delighted to support my hon. Friend the Member for Enfield, Southgate (Mr Burrowes) by being a co-signatory to his amendment. The Minister is a great man, as befits being the hon. Member for Great Yarmouth, but he has had an impossible task today. I have never seen new, serious legislation affecting our country introduced in such a shambolic way. It looks like something delivered by lastminute.com and makes the back of a fag packet look like a sophisticated form of engagement. He has known, the Prime Minister has known and everybody has known for months that many Conservative Members are deeply unhappy with this. I was in the House 25 years ago when we hammered out the compromise over years, not hours or months—

[Sir Edward Leigh]

Two years.

[Sir Gerald Howarth]

It took two years, but we started the process before that, in 1986, and it was done over a period of time. The truth is that we arrived at that compromise after huge consultation and I believe it has largely worked; we have maintained Sunday as a different day and we have fulfilled the Keep Sunday Special concept. My hon. Friend the Member for Peterborough (Mr Jackson) is absolutely right to say that this goes to the heart of the fabric of our society; it is not simply about all the things relating to workers’ pay and all the rest of it. It is about the nature of our country, and I fully support what the hon. Member for Stalybridge and Hyde (Jonathan Reynolds) said on this. As a church warden at the royal garrison church in Aldershot, I think the Government’s proposals are deeply flawed. As the right hon. Member for Tottenham (Mr Lammy) said, there is also no demand for them, with 67% supporting the current arrangements and 90% of shop workers, who will be deeply affected by the Government’s proposal, opposed to it.

[Victoria Borwick]

Will my hon. Friend give way?

[Sir Gerald Howarth]

No, forgive me.

This proposal will also do nothing to relieve the problems felt by the beleaguered high street. I also wish to say something to my hon. Friend the Minister about delegating this responsibility to local authorities in my part of the world. I sit at the apex of four different council areas and there would be a serious domino effect involving Surrey Heath, Rushmoor, Hart and Bracknell—if one went, the rest would feel obliged to follow suit. The changes that were made there during the Olympic games seriously damaged small shops. I have in my constituency the Association of Convenience Stores—some may call it the association of Conservative stores—which is run by small people who do a fantastic, hard-working job. The Oxford Economics survey found that increasing the opening hours of large stores will cost the convenience store sector 8,800 jobs and £870 million in sales. My council does not want this change, and nor does the Association of Convenience Stores.

I say to the Minister that we have a solution at hand. My right hon. Friend the Member for Meriden (Mrs Spelman) has proposed an alternative. The Minister is apparently talking about an alternative that is supposed to have been tabled today. Of course it has not been tabled, but it will be tabled in the other place. Why do we not do as we did in 1993, which is to have a Bill setting out the three options—possibly more—one of which is no change at all, and then let us debate it over a period of time, instead of trying to rush it through in a couple of hours?

[Barbara Keeley]

The Minister’s last-ditch attempt at a compromise has already been described as scraping the barrel. I have to ask why we should believe last-ditch promises by this Government when the Prime Minister made a promise last April, and it is not being kept. My name is on amendment 1, and I agree with Government Members who have said that this should have been a conscience vote—a free vote.

The USDAW survey, which has been repeatedly mentioned—I congratulate USDAW on its sterling work—gives us a stark picture of existing Sunday working in both large and small stores. In fact, it tells us that 35% of staff in large stores and 55% in small stores want to work fewer hours, and less on Sundays. Chief executives from stores such as John Lewis and Sainsbury’s have expressed their concerns. They do not believe that there is an appetite among consumers and retail staff for this change.

I want to remind the House that there are carers in retail in the same way that there are in all occupations. The USDAW survey says that half the staff that it surveyed have caring responsibilities for children, older people, people with disabilities or family members who are ill. Arranging alternative care for Sundays is very difficult,

[Carolyn Harris (Swansea East) (Lab)]

Will my hon. Friend give way?

[Barbara Keeley]

I will not, because we are very short of time.

The opt-out has been described as “laughable”. Only 13% of staff in large stores and 10% in small stores have used that right to opt out. It is my opinion that the vast majority of retail staff do not want to see these trading hours extended. I have had very many emails from staff in my constituency who tell me that.

Devolving Sunday trading will lead to longer opening hours. The stores and shops in my constituency have to compete with the Trafford centre. At Christmas, it was easy to see in shopping centres such as the Trafford centre that longer hours do not mean more business. People simply do their shopping at a different time, or they shop in large stores and small stores lose the business.

Moreover, staff would lose their precious family time, and probably not gain in pay, because their shifts would just be stretched over seven days. If shops open longer and longer hours, it will have an impact on life on Sundays. As I mentioned earlier, many hundreds of my constituents are greatly affected by traffic going to and from the Trafford centre, and that would become never ending if stores were open for longer and longer hours. They would never have peace—not even on a Saturday night. The Government would not be able to deliver their smart motorway project if staff could not work on the motorway overnight.

In conclusion, we have enough issues in Greater Manchester with the devolution of powers, we do not need the postcode lottery of zones and the opening hours that the Government are threatening. I will vote for the amendment and I commend it to the House. I do so for families, especially those who are carers, for people who live near shopping centres and suffer from congestion and traffic, such as my constituents, and for the small shops and all the staff who work in them who may lose their jobs. Those are the reasons why I will be voting for amendment 1.

[Victoria Borwick]

I rise to speak in favour of Sunday trading, because, in a place such as London—I stand as a London MP—we should have some freedom for people to trade and choose how they do business. A person does not have to go shopping, but if they want to, they should have the opportunity to do so.

Many of the arguments have been made already, so I will talk briefly about garden centres. Some Members have already mentioned pets. People with pets may have to make a trip to a garden centre to stock up. Garden centres have made representations to me, because those animals have to be fed. So I am running a campaign to allow people to trade the hours that they want.

I had a meeting this morning with my local church leaders, and I was struck when an American vicar said, “I am now a vicar over here, but where I come from, we have more churchgoing than even in this country. Notwithstanding that, people can still do business throughout the day on Sunday.”

I urge all hon. Members to consider those who want to work, and to allow these freedoms for those who want a different day to celebrate with their families. Let us not be selective as to who can spend their religious day with their family. Ours should be an inclusive party that encourages people to spend their particular day with their family. I therefore urge my hon. Friends to vote in favour of Sunday trading.

17:30

[Helen Goodman]

The main reason I will be supporting the amendment tonight is that the Government’s proposal is bad for people who work in shops—it is bad for them as individuals, it is bad for their families and it is bad for their communities.

The hon. Member for Enfield, Southgate (Mr Burrowes) made a brilliant speech, and I was very disappointed by the Minister’s response. The notion that the British economy can become more efficient only by making people work seven days a week is absurd. If that is the economic model, there is something wrong with the economic model.

People work to live; they do not live to work. There are lots of things we could do that would be more efficient. We could propose to our partners by text, or we could read to our children on Skype from the office, but nobody would suggest those things. The constant denigration of family life is truly unhelpful.

The protections for those in shops are not working properly. It is ironic that the legal advice against the proposals comes from John Bowers QC, who is now the president of Brasenose College—perhaps the Prime Minister should go back to his old college and get a little tutorial on this problem.

We know from the experience of the Olympics that this proposal will not strengthen the economy; it will just shift business from small shops to big shops. It will also not stop people using the internet. I am afraid the Minister’s proposal for pilots and evaluation is very much undermined by the way the Government have handled the issue in the last six months.

I know that the amendment from the right hon. Member for Meriden (Mrs Spelman) is well intentioned, but the irony is that every cathedral city in the land would be zoned and have longer hours, and it is the Church that is leading the campaign against longer Sunday trading hours.

I have had no representations from constituents in favour of change—only representations in favour of keeping the status quo. That is true whether people run businesses or work in shops. I will leave the last word to a woman who works in a shop in my constituency, who wrote to me saying, “Don’t I deserve a life too?”

[Karl MᶜCartney (Lincoln) (Con)]

Like my good friend, my hon. Friend the Member for Peterborough (Mr Jackson), it is with a heavy heart that I will be voting in favour of the amendment tabled by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), who spoke so eloquently earlier. I say that because, to keep Sunday special, I will be voting against my Government—a decision that no loyal Government Member wants to take, and certainly not too regularly. It also means that I will be voting against my good friend and fellow sportsman, the Minister. He has spent some time speaking to me and other colleagues, trying to persuade us, but I think he was given a very sticky wicket. He will not mind my saying that he perhaps batted more like Geoffrey Boycott than Ian Botham. He did his very best.

The reasons why I will be supporting the amendment, and why other Members should consider supporting it, are based on three core issues: my Conservative principles and the traditions of our country; the impact on staff in all shops; and particularly the impact on small independent shops, their owners and their staff. These places are well used and well liked in the city of Lincoln, but if Sunday is no longer special, we will lose them.

There is something uniquely British—perhaps even Anglo-Saxon and, dare I say it, Christian and traditional—about the way we mark Sunday in this great country of ours. It is the one special day we have every week, and to lose that means losing something special about Britain. A week where every day is the same will mean a drab and very grey Britain.

As a Conservative who believes in our country’s traditions and culture, undermining that special day is not something I can support. I personally would go even further and look at protecting other days in the year, such as Boxing day, Good Friday and Easter Monday, perhaps by imposing current Sunday opening hours on those days. Sunday already provides enough opportunities for large-scale shopping—if someone is up early enough, they have a full six hours. Those who want to shop online will do so, whether or not larger shops are open for longer on Sundays. For those who do not want to spend all day shopping in large malls or superstores on Sunday, there are plenty of convenience and independent shops to go to, and I am fearful about the impact of this measure on those shops, which are the lifeblood of many communities across our country.

I want to live in a country with a rich mixture of shops, not an endless sea of large, faceless superstores. I fear that extending the hours of larger shops on a Sunday will diminish choice, impact on the livelihood of those owning and working in smaller shops, and ultimately damage businesses on our high streets. I am also concerned about the impact on the families of shop workers. As well as Sunday being a special day for those who do not have to work, we must ensure that it remains a special day for those who do work. If we extend shopping hours, there will be no respite for those people, and throughout the week all they will have is snatched time with their families—they will be on a conveyor belt of work that never ends. Everyone needs quality family time, or just time away from work. As the hon. Member for Bishop Auckland (Helen Goodman) said, we should all work to live, not live to work.

I understand that big businesses want to sweat their assets. Closed large stores in Bluewater, Meadowhall or anywhere around the country earn no money from shoppers, and hence no profit for their owners. In the middle of the UK, I am sure that Bicester shopping village would want to open for 24 hours, 365 days a year, but what would be the effect on the staff working there? Sunday as it is currently is a Great British compromise that works for everyone. Retailers can trade, customers can shop, shop workers can spend quality time with their family, and we can still have that one special day of the week.

I do not want to live in a country where every day is the same, and where our traditions and uniqueness are lost. Upholding the traditional British way of life is important to me and my constituents, and that is why I will vote for the amendment. I hope that, after today’s reasoned debate, some of my Conservative and traditional colleagues will examine their consciences and support the amendment tabled by my sound and illustrious hon. Friend the Member for Enfield, Southgate.

[Hywel Williams (Arfon) (PC)]

The Minister’s proposals for pilots are what we call in Welsh a “cath mewn cwd”—a cat in a sack—and if we open that sack, we will get our noses scratched, as far as I can see. With Wales, the Government are bypassing our National Assembly, fostering a relationship directly with our local authorities. They are bypassing our Government in Cardiff and acting on the basis of that peculiar entity, “England and Wales”. Local authorities in England and Wales are to be treated as if they exist in the same country, national devolution is ignored and, as the infamous entry in the first “Encyclopaedia Britannica” put it, “For Wales—see England”.

I have two brief points. First, there is a precedent in terms of the council tax benefits that were devolved to local authorities in England, but to the National Assembly in Wales. Secondly, this particular matter is devolved in Northern Ireland and Scotland, and I would say that Wales should be treated no differently.

[Andrea Jenkyns (Morley and Outwood) (Con)]

Retail is in my blood. Growing up, my mother owned a shop, and at 16 I started work on the shop floor, working my way up to management. I spent nearly 20 years across the food, fashion, electrical and furniture retail sectors, working in the sort of stores on which the Bill will impact. I am passionate about our high street, which is why I chair the all-party group for high streets and town centres.

Our high streets are struggling, and the influence of the internet has had such a major impact that they are becoming a haven of pound shops and charity shops. We must do all that we can to support our high streets. Things are tough enough for retailers at the moment, and we must consider ways to increase footfall, not to limit growth opportunities. In 1994, at the age of 20, I remember signing a new contract to opt in to working Sundays. I was happy to do that because I wanted the hours—I wanted to save up for my future—and I am shocked that more than 20 years later we are still having this debate.

I am a firm believer that size should not matter and that there should be a level playing field for all retailers. It is discriminatory against retailers of more than 3,000 square feet if they cannot open for the same hours as those that are under that square footage. I remember being a manager of a store that was limited to six-hour trading, when the dilemma was that other stores on the high street were open for longer. Customers were confused about why our neighbouring stores could be open when we could not be. How do retailers get around this? Even 20 years ago, we would open for the same amount of time as other retailers, but with some time for browsing only. We were still employing staff for those hours, so the changes would not, as some critics say they would, impact on Sunday trading and on making Sunday special. Customers were frustrated, as they wanted choice. We still needed to employ staff for longer than six hours to replenish the stock.

In my retail management career, we had no trouble finding staff to work the Sunday shifts. Working on a Sunday was popular with students, those who wanted their first job, parents who found it easier to get babysitters for their children over the weekend and older people. If anything, I found it was the 20-something party-goers who wanted Saturday night on the razzle who were not so keen on working on a Sunday.

In my experience, opposing the changes on the grounds that they would not be fair to workers is a rather lame argument. As experience demonstrates, there are always some groups who are more than happy to work these shifts. We must allow for that flexibility. Some say that we need to keep Sunday special, and I respect that, but do they not shop on the internet on a Sunday? Do they not visit their local leisure centre on a Sunday? Goods are delivered on a Sunday, we eat out in restaurants on a Sunday and call centres are open on a Sunday. People in many sectors and professions work on a Sunday, and while there has been a lot of talk about rights, what about their rights?

We had the debate on Sunday trading 20 years ago. We cannot press a pause button and halt this changing world. We live in a global economy that trades 24/7. If we do not embrace it, we will be left behind. We need to ensure that the economy is flexible, dynamic and responsive to the new reality. I am the chair of the all-party group on local democracy. Its secretariat is the National Association of Local Councils, which represents 8,000 town and parish councils. I fully believe in devolution; it is one reason why I am a Brexiter and fully support coming out of the EU. How can we speak of devolution while we cede more power to Brussels? How can the SNP say it wants more power in Holyrood rather than Westminster, and oppose a Bill that is, in essence, truly devolutionary? To those Members who truly believe in devolution and putting the power into the hands of local decision makers, I urge them to support the provisions. By devolving Sunday trading laws, we will not only create more opportunities for our local economies and more employment opportunities, but give more power to local people. This is why I fully support the Government’s Bill.

[Several hon. Members rose—]

[Mr Speaker]

Order. I would like to accommodate two more speakers, if possible.

[Joan Ryan]

As they say, you may not realise what you’ve got till it’s gone—I think that applies to all of us and not just to you, Mr Speaker. Once our special Sundays are lost, it will be impossible to get them back. Hon. Members often say, “I don’t know which way I am going to vote. I’m going to listen to the debate.” Frankly, I defy any rational person—any Member of this House who has listened to the debate—to explain why they would vote with the Government. If they had really listened to the debate, they would surely support the amendment tabled by the hon. Member for Enfield, Southgate (Mr Burrowes). We have heard so much information from Populus surveys and USDAW surveys—perhaps I should declare an interest as an USDAW member—showing us that just about everybody is against the changes. Nobody wants them—including, apparently, the Prime Minister before the election—yet here we are.

The changes would be bad for business. All the evidence set out today has demonstrated that, so I will not repeat it. They would be exploitative to shop workers and others who work in the retail sector, who do not want them. The public and consumers do not want them. There is no evidence that anybody wants them, yet the Government have consulted on the deregulation of Sunday trading hours three times in the past four years. It has been somewhat unseemly to see the Government scrabbling around today trying to patch together some kind of last-minute deal that would in no way protect us against deregulation in the future. I urge hon. Members to vote for the amendment and to see the end of proposals on this matter for a considerable period to come.

[Fiona Bruce (Congleton) (Con)]

I rise to support amendment 1, which bears my name on the amendment paper.

The Conservative party views family as being at the heart of a strong society, which is what we all want. Many Members have said that the Conservative manifesto made no mention of any changes to the Sunday trading rules, but it did have something to say about the importance of supporting family life. It pledged to

“back the institution of marriage”

and

“help families stay together and handle the stresses of modern life”.

It also recognised family breakdown as one of the four root cause of poverty.

17:45

At the end of the previous Parliament, the Prime Minister instituted the family test, saying:

“We can’t go on having government taking decisions like this which ignore the impact on the family.”

However, that is just what we would do today if we were to pass the Bill without amendment 1.

Analysis by the Social Market Foundation says that the Government proposals disregard the family test. It says that Sunday working encroaches on family time; that fathers working on Sundays miss out disproportionately on time with their children, and not just on Sundays but throughout the week when their children are out; and that children whose parents have to work on Sundays often spend less time doing constructive activities that contribute to their development, such as reading and pursuing interests and sports. In other words, the policy is also at odds with the Government’s life chances agenda.

Perhaps that is why the impact assessment, which includes the family test assessment, has been published only today. It is wholly unacceptable for it to have been published at midday today. It contains 129 paragraphs and several annexes, and not one Member has said that they have been able to read it before this debate. A cursory glance at the document, however, shows that paragraph 98 states:

“To the extent that Sundays are family gathering days, there is a potential for families to be negatively affected if members are more likely to work or work longer on Sundays.”

Paragraph 100 states:

“A large number of the individual respondents to the public consultation felt that families would be negatively affected”,

but then goes on to say that

“this was not a representative survey”.

This was a Government consultation that had more than 7,000 responses; how can that not be a representative survey?

Let us be clear—there is no other way to put it—that these proposals are anti-family. I urge Members to vote for amendment 1 and to vote down the proposals in the Bill, because they are wrong. They are bad for families and bad for small business. There is no economic case and the public do not want them. In fact, when presenting the proposals to the Bill Committee, the only support that the Minister could cite was from retailers in the west end and Knightsbridge. To put it plainly, that is not a sufficient basis on which to change regulations. The Government have no legitimate rationale or mandate for these changes, so I urge colleagues to vote for amendment 1 and against the proposals in the Bill.

[Caroline Flint]

It has been clear throughout the course of our debate that the Government have not made their case. On Second Reading, the Secretary of State spent two thirds of his speech talking about proposals for Sunday trading that were not even in the Bill, and today the Minister has presented us with proposals to change Sunday trading arrangements without giving us any information, so we are meant to take the Government’s promise on the never-never. This is bad law. Wherever Members stand on this issue, we should not be sending bad law through this House. We should reject the Government’s enticements to support them on something we have not actually seen, support amendment 1, and prevent this change to Sunday trading from happening.

[Clive Efford]

On a point of order, Mr Speaker. In response to a previous intervention, the Minister said that my local authority, Greenwich, had asked for this power to be passed to it. That was not correct. My local authority said that if the change is made, it should come to the local authority, not the Mayor of London or the Greater London Authority. How do we get the Government to put the record straight?

[Mr Speaker]

I think that the hon. Gentleman has found his own salvation, as he will be keenly aware. His attempted correction is now on the record.

17:03

Three hours having elapsed since the start of proceedings on consideration, the debate was interrupted (Programme Order, 8 March).

The Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the amendment be made.

17:49

Division 210

Ayes: 317

---

Labour: 221
Scottish National Party: 51
Conservative: 25
Democratic Unionist Party: 7
Independent: 4
Liberal Democrat: 4
Social Democratic & Labour Party: 3
Plaid Cymru: 2
Ulster Unionist Party: 1
Green Party: 1

Noes: 286

---

Conservative: 281
Liberal Democrat: 3
UK Independence Party: 1

Amendment 1 agreed to.

[Ms Angela Eagle]

On a point of order, Mr Speaker. The House has spoken on the very contentious issue of Sunday trading, which would have affected millions of workers. Can we now hear from the Government that they will respect the will of this House and abandon their tawdry attempts to reintroduce this proposal? And I mean the Chancellor.

[Mr Speaker]

The hon. Lady has made her point, but it is not a matter for the Chair.

The Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

Schedule 5

Sunday opening hours: rights of shop workers

Amendments made: 13, page 91, line 25, at end insert—

“7A In section 48 (complaints to employment tribunals), after subsection (1) insert—

“(1YA) A shop worker may present a complaint to an employment tribunal that he or she has been subjected to a detriment in contravention of section 45ZA.””

This amendment is consequential on new section 45ZA of the Employment Rights Act 1996 (inserted by paragraph 7 of Schedule 5 to the Bill) and ensures that a shop worker can present a complaint to an employment tribunal in connection with a detriment suffered in contravention of that section.

Amendment 14, page 91, line 46, at end insert—

“8A In section 108 (qualifying period of employment), in subsection (3) after paragraph (d) insert—

“(da) subsection (2) of section 101ZA applies (read with subsection (3) of that section) or subsection (4) of that section applies,””.—(Brandon Lewis.)

This amendment is consequential on new section 101ZA of the Employment Rights Act 1996 (inserted by paragraph 8 of Schedule 5 to the Bill) and ensures that the two year qualifying period of employment for unfair dismissal cases will not apply in relation to cases involving a refusal to work additional hours on Sunday or the giving of an objection notice to working such hours.

[Mr Speaker]

Our consideration having been completed, I will now suspend the House for no more than five minutes in order to make a decision about certification. The Division bells will be rung two minutes before the House resumes. Following my decision on certification being communicated, the Government will table the appropriate consent motions, copies of which will be made available in the Vote Office and distributed by the Doorkeepers.

18:07

Sitting suspended.

18:12

On resuming—

[Mr Speaker]

I can now inform the House that I have completed certification of the Bill, as required by the Standing Order. I have made no change to the provisional certificate issued yesterday. Copies of my final certificate will be made available in the Vote Office and on the parliamentary website.

Under Standing Order No. 83M, consent motions are therefore required for the Bill to proceed. Copies of the motions are available in the Vote Office and on the parliamentary website, and they have been made available to Members in the Chamber. Does the Minister intend to move the consent motions?

[The Secretary of State for Business, Innovation and Skills and President of the Board of Trade (Sajid Javid)]

indicated assent.

[Mr Speaker]

I believe I have had the necessary nod. We must now under the relevant Standing Order forthwith resolve into the Legislative Grand Committee (England and Wales), and thereafter into the Legislative Grand Committee (England).

The House forthwith resolved itself into the Legislative Grand Committee (England and Wales) (Standing Order No. 83M).

[Mr Lindsay Hoyle in the Chair]

18:03

[Pete Wishart (Perth and North Perthshire) (SNP)]

On a point of order, Mr Hoyle. Can you explain exactly what is going on with this particular procedure we are asked to consider?

[The Chairman of Ways and Means (Mr Lindsay Hoyle)]

Do not worry. I can give the answer now: no, I do not.

There will now be a joint debate on the consent motion for England and Wales and the consent motion for England. I remind hon. Members that all Members may speak in the debate but that, if there are Divisions, only Members representing constituencies in England and Wales may vote on the consent motion for England and Wales, and only Members representing constituencies in England on the consent motion for England.

I call the Minister to move the consent motion for England and Wales. I remind the Minister that, under Standing Order No. 83M(4), on moving the consent motion, the Minister must also inform the Committee of the terms of consent for England.

[Stephen Barclay (North East Cambridgeshire) (Con)]

The legislative consent motions are before the House and available to Members. I beg to move.

Resolved,

That the Committee consents to the following certified clauses and schedules of the Enterprise Bill [Lords] and certified amendments made by the House to the Bill:

Clauses and schedules certified under Standing Order No. 83L(2) as relating exclusively to England and Wales and being within devolved legislative competence

Clauses 30, 32, 39 and 40 as amended in Committee (Bill 142) including any amendments made on Report;

Amendments certified under Standing Order No. 83L(4) as relating exclusively to England and Wales

The omission in Committee of Clauses 33 and 34 of the Bill as introduced (Bill 112).—(Stephen Barclay.)

[Mrs Madeleine Moon (Bridgend) (Lab)]

On a point of order, Mr Hoyle. I seek some clarification. The paperwork handed out says “Legislative Grand Committee (England)”, but the oral statement referred to “England and Wales”. May I seek clarification about the difference?

[The Chairman]

The House shall now resolve itself forthwith into the Legislative Grand Committee (England).

The House forthwith resolved itself into the Legislative Grand Committee (England) (Standing Order No. 83M(4)(d)).

[The Chairman]

I remind hon. Members that no further debate on the consent motion for England is permitted and that, if there is a Division on the motion, only Members representing constituencies in England may vote. This extends to expressing an opinion by calling out Aye or No when the Question is put.

Motion made, and Question put forthwith (Standing Order No. 83M(4)(d)),

That the Committee consents to the following certified clauses and schedules of the Enterprise Bill [Lords] and certified amendments made by the House to the Bill:

Clauses and schedules certified under Standing Order No. 83L(2) as relating exclusively to England and being within devolved legislative competence

Clauses 22 to 25 and 27 of and Schedule 4 to the Bill as amended in Committee (Bill 142) including any amendments made on Report;

Amendments certified under Standing Order No. 83L(4) as relating exclusively to England

Amendments 10 to 18 made in Committee to Clause 26 of the Bill as introduced (Bill 112), which is Clause 32 of the Bill as amended in Committee (Bill 142).—(Stephen Barclay.)

[Hon. Members]

Aye.

[Pete Wishart]

No.

[The Chairman]

I think the Ayes have definitely got this one. It was a lonely but valiant effort.

Question agreed to.

The occupant of the Chair left the Chair to report the decisions of the Committees (Standing Order No. 83M(6)).

The Deputy Speaker resumed the Chair; decisions reported.



Third Reading

18:17

[Sajid Javid]

I beg to move, That the Bill be now read a Third time.

Businesses are Britain’s engine room. The success of our whole economy is built on the hard work and determination of the people who run and work for them. I will always back them, and I will always stand by them. That is why one of my first acts as Business Secretary was to introduce this Bill. [Interruption.]

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Can we have less noise while the Secretary of State is addressing the Chamber?

[Sajid Javid]

Thank you, Mr Deputy Speaker.

It is certainly an ambitious Bill that covers a lot of ground. During its passage through the House, it has grown to cover still more, adding to the benefits it will bring businesses right across the country. That would not have been possible without the dedication of the officials and Clerks here in Parliament and the officials back at my Department, so let me take this opportunity to thank them, on the record, for all their hard work.

Huge credit should also go to my ministerial colleagues, who have worked tirelessly to steer the Bill through the House Commons—the Minister for Small Business, Industry and Enterprise, the Minister for Skills and the Minister for Housing and Planning. They have all done a tremendous job, and I really cannot thank them enough. Finally, I would also like to thank the hon. Member for Wallasey (Ms Eagle), who on Second Reading found it in her heart to call one clause “entirely sensible”. She is not in her place at the moment, but coming from her, that was high praise indeed!

The result of today’s vote on Sunday trading is disappointing. Our amendment was about attracting more people to high streets, helping struggling local businesses and helping to secure jobs for hard-working people. It would have made a lot of difference to many businesses up and down the country.

I respect the views of hon. Members who supported the amendment as a matter of principle; I have full respect for that. However, I am extremely disappointed by the childish and hypocritical actions of SNP Members. They seek to deny English and Welsh shoppers the same freedoms that are enjoyed in Scotland, and although they are a party built on the principle of devolving powers from Whitehall, they deliberately stand in the way of a measure that does just that.

[Andrew Percy (Brigg and Goole) (Con)]

As someone who believes that people in England should have a measure of devolution in response to the devolution that exists in the rest of the country, I would like to ask my right hon. Friend to confirm what actually happened today—that irrespective of whether Sunday trading is a good thing or a bad thing, the majority of English Members of Parliament voted in support of giving our local communities and our local councils the right to decide this matter for themselves, yet they have been denied by MPs from a part of the United Kingdom that it would not have affected at all.

[Sajid Javid]

My hon. Friend is absolutely right. The SNP are only interested in creating headlines, not jobs, and my hon. Friend’s point is absolutely correct—a clear majority of English and Welsh MPs wanted to see this change, but it was denied by the SNP.

[Several hon. Members rose—]

[Sajid Javid]

I shall give way in a moment.

This shows that we were absolutely right when we warned during the election that if a weak Labour Government ever got into office, they would be propped up by an unprincipled SNP. That is why we must never let either of those parties get closer to power.

[Ms Angela Eagle]

I think the right hon. Gentleman should learn a bit of grace in defeat, because that is what the House likes. Will he confirm that these proposals did not fall under the EVEL or the WEVEL parts of our procedures, and will he also confirm that, having listened to the will of the House, this Government have no intention of bringing these Sunday trading proposals back before us?

[Sajid Javid]

Of course we always listen to the will of this House, but that does not take away from the fact that the majority of English and Welsh MPs wanted to see this change—this flexibility on Sunday trading that would have been a right for local authorities in England and Wales to enjoy in the same way as it is enjoyed in Scotland. It was denied because of the SNP.

[Mark Field]

I note the disappointment that the Secretary of State has shown in this regard, but I am afraid that it is not enough simply to blame the SNP. I accept that SNP Members have been opportunistic, but surely it shows the fundamental flaws in elements of the EVEL arrangements. Does not the fact that something that is essentially devolved did not fall under the EVEL framework suggest that we should look at the arrangements again rather than incurring the wrath of, and the attributing the blame to, the SNP for taking the opportunistic step that it did over this matter?

[Sajid Javid]

My right hon. Friend, as always, makes a very important point. He will know that EVEL did not apply because this change in Sunday trading was tied up with a plan to extend workers’ rights that would have applied throughout the UK, but we should reflect on what he says, because the people of England and Wales have been denied a change that would have put them on a par with what is currently practised in Scotland.

[Tommy Sheppard (Edinburgh East) (SNP)]

I apologise for the difficulties in which the SNP has placed the Government, but we were simply voting to defend the interests of our constituents, whose rights at work on a Sunday would have been affected by this Bill, and it is our right to do so. I ask the Secretary of State to stop harbouring this grievance against Scottish Members.

[Sajid Javid]

The hon. Gentleman should really be ashamed of his party’s performance today. He tries to hide behind a policy, but we know that the only thing the SNP was interested in today was headlines and denying the people of England and Wales a change that, as expressed in their MPs’ will, they clearly wanted to see. That is all the SNP was interested in.

[Kevin Brennan (Cardiff West) (Lab)]

Will the Secretary of State give way?

[Sajid Javid]

I shall carry on for a while. Other Members will want to speak.

Of course, the Bill is about much more than just Sunday trading. It will create an institute for apprenticeships, which will help British businesses to develop the talent that they will need to compete in the years ahead; it supports our deregulation agenda, making it simpler to do business; it addresses the issue of business rates; it will help to release pub landlords from restrictive contracts; and it will give the Green Investment Bank the freedom and flexibility that it needs to grow.

I am particularly proud of the measure that will create a small business commissioner. I have seen for myself, too many times, how hard it is for a small business or sole trader to challenge a larger firm. I have seen how late payments, unfair charges and other obstacles may not just make it harder to do business, but actually drive companies to the wall. The creation of a small business commissioner will make a real difference in tackling such problems, and I am pleased to note that it has widespread support.

[Wendy Morton (Aldridge-Brownhills) (Con)]

Before I entered the House, I had more than 25 years of experience in a small business—in fact, a micro-business. I have previously drawn Members’ attention to my entry in the Register of Members’ Financial Interests. Does the Secretary of State agree that this is exactly the sort of thing that we should be doing for small businesses throughout the country, in order to tackle the real difficulties that they experience as a result of late payments?

[Sajid Javid]

I agree wholeheartedly with my hon. Friend. I think that the measure will make a huge difference. Small businesses are often held back from challenging larger firms, and I hope that it will give many of them the confidence that they need.

[Kevin Brennan]

The Secretary of State said, and the Minister for Housing and Planning said earlier, that passing the amendment would mean the removal of workers’ rights. As I understand it, however, schedule 5 is still in the Bill following the vote, so the additional workers’ rights are there—and they should stay there, as well. Will the Secretary of State confirm that that is the case?

[Sajid Javid]

I can confirm that that is not the case. As the hon. Gentleman knows, the Government presented a package consisting of more flexibility for Sunday trading hours along with additional workers’ rights. Since that package has been rejected, there will be no additional rights, because they will be unnecessary.

[Kevin Brennan]

On a point of order, Mr Speaker. I hope that it is a point of order. My understanding is that the passing of amendment 1 does not affect the presence of schedule 5, which is entitled “Sunday opening hours: rights of shop workers”, and that, as we send the Bill to the House of Lords, those workers’ rights are enshrined in it.

[Mr Speaker]

The short answer to the hon. Gentleman’s point of order is that the passage of amendment 1 does not affect the presence of the schedule in the Bill. As I am not an expert on legislative interpretation and impact, and it is not for me to speculate upon that, I will not, but I stand by—on, of course, the basis of advice, and my own study—the first part of my answer to the point of order. I have sought to give that information in a dispassionate way, responding to a factual inquiry with what I understand to be a factual response.

[Sajid Javid]

Thank you, Mr Speaker.

Last May I launched the Bill at an event in Bristol, the city where I grew up. It is the city where I saw, in my parents’ shop, the special values that are needed to build and run a business. This is a Bill for people who share those values. It does not matter whether they are behind a shop counter or behind the wheel of a van, or whether they are working in a high-rise office or from their kitchen table. If they are striving to do what my parents did—if they are working to build a business, to grow the economy and to create jobs—the Enterprise Bill will help them to do just that, and I commend it to the House.

18:03

[Ms Angela Eagle]

The Bill should have been so much more ambitious to live up to its encouraging short title, but despite the sterling efforts of Opposition Members in this House, and those of our Labour colleagues in the House of Lords, it remains a mouse of a Bill which should have been a lion. As I observed on Second Reading, this piece of legislation does not even match the ambition of the Government’s own rhetoric, let alone meet the huge economic challenges now facing this country. Its timidity is a great disappointment to those of us on the Opposition Benches.

Nevertheless, I would like to pay warm tribute to my right hon. and hon. Friends who served with such distinction in Committee. I would also like once more to pay tribute to the work of our Labour colleagues in the Lords who were able to secure some amendments to this very modest Bill, which undoubtedly improved it. May I also take this opportunity to acknowledge the contribution of all Members who served on the Bill Committee, whichever party they come from, as well as that of the all-important Whips, who ensure that the Committee stage works appropriately?

I welcome the Business Secretary to his place for the first time since it became clear that he has joined the campaign for Britain to stay in the European Union. I do not know whether he has been bullied by the Chancellor. However, he seemed anxious to burnish his Eurosceptic credentials even as he abandoned his Brexit friends in pronouncing recently that he would remain a “Brussels basher” despite his Brexit betrayal. His enthusiasm for the cause will be a great asset to all of us who believe passionately that we need to remain engaged and optimistic about our place in the world, and who are clear that we should not be disengaging from the largest free trade area in the world, where we do 50% of our business.

The Bill was just beginning its Report stage in the Lords when the Chancellor unveiled his comprehensive spending review on 25 November last year. We all remember the smirking optimism he displayed at that Dispatch Box as he unveiled the £27 billion windfall that the Office for Budget Responsibility had discovered to assist him in making his sums add up. But much has changed since then, and the Bill addresses little of that. Just six weeks later, the Chancellor turned up in Cardiff warning ominously that the economy was suddenly facing a “cocktail of threats” in the new year that he had not noticed in November. Then he turned up in Shanghai warning about gathering “storm clouds” and announcing that the British economy was £18 billion smaller than he had expected it to be because of slowing growth and falling tax receipts. He is now in full retreat, adding a £7 billion volte face on his widely trailed radical pensions reform to his retreat on huge tax credit cuts late last year.

This is not a great reforming Chancellor. What we actually see in No. 11 Downing Street is a man who is much more focused on his own leadership ambitions than he is on next week’s Budget or on the best interests of our country. We see a man who is much more interested in duffing up the Mayor of London and the Brexit rebels in his own party than he is in solving the huge challenges facing our economy. If this Bill is meant to be part of the solution to those challenges, I am afraid he has got his diagnosis completely wrong. Where is the “march of the makers” that the Chancellor was waxing so lyrical about six years ago? It has completely failed to materialise, and there is no sign of the rebalancing he promised us. In fact, manufacturing is faltering, the service sector is stuttering and the trade balance continues to worsen; it is now standing at over 5% of gross domestic product.

Of course we on Labour Benches will support the creation of the small business commissioner as it appears in the Bill. However, we worry about its tiny budget and the fact that its very limited remit will not be transformative. We argued successfully in the Lords to give the post some independence, but everyone in the House knows how modest this proposal is. We would much rather have been legislating for comprehensive reform by introducing a small business administration, instead of expending legislative effort on this minor tinkering.

Of course we support moves to establish a quality benchmark for apprenticeships and statutory protection for the term itself, which should help to protect it from being discredited or abused. But with one in three vacancies in the economy reported to be the result of skills shortages, the provisions of the Bill barely scratch the surface of what is needed, and the “skills emergency” that is holding back our country goes on. Time will tell whether the Government’s target of reaching 3 million apprentices will be achieved at the cost of falling quality. I certainly hope that it will not be, but we intend to hold the Government to account on this as their plans develop. We will also continue to keep a close eye on the plans to introduce an apprenticeship levy, which is causing increasing worry in businesses up and down the country. The Government must ensure that our young people can build sustainable and fulfilling careers and that all apprenticeships offer genuine learning opportunities and pathways for progression.

We are extremely disappointed that the Government have used the Bill to flog off the Green Investment Bank before it had been given a proper chance to develop. We are especially concerned that the bank’s core purpose to promote the vital green transformation of the economy will be lost or diluted by this unnecessary privatisation. Our concern is that, by rushing to sell, the Government will not get a decent price for the asset that has been created.

On exit payments, we remain concerned that the Bill goes far beyond capping the most excessive pay-outs and will hit some low-paid, long-serving workers in a completely arbitrary fashion. The provisions breach agreements that the Government made with some sectors of their own workforce only recently.

The way that this Government have chosen to deal with the important issue of Sunday trading has been cynical and disreputable. During the Bill’s passage through the House of Lords, it contained no mention whatsoever of Sunday trading, let alone the Government’s intention to deregulate it by starting a free-for-all in every local authority. There were rumours but no signs of any measures. It was therefore tawdry of the Secretary of State to make an announcement during his speech on Second Reading confirming that the Government did in fact intend to change Sunday trading laws. The House was then put in the ludicrous position of having to debate measures on Second Reading that had not even been published and were not seen until the Committee stage.

The Government have descended further still today. We saw a grubby and desperate last-ditch attempt to avoid a vote on amendment 1, when they tried and failed to put down a late manuscript amendment. When it was rejected, the Minister was reduced to pleading with his own side to support a pilot scheme that was not even on the amendment paper. That is no way for any serious Government to behave when passing laws that will affect millions of retail workers and change the nature of our country. I am happy that they have not been rewarded and hope that the measures will now be abandoned. The current Sunday trading laws work well and strike a sensible balance between the needs of those who want to shop and those who work in retail.

This Bill is a missed opportunity. It is a modest Bill that fails to tackle the real challenges facing the economy. It could have aimed to be transformative. It did not. It could have aimed to tackle the skills emergency and the productivity puzzle. It did not. It could have set out an ambitious industrial strategy to help us to rebalance the economy and to tackle the gaping trade deficit. It did not. It could have prepared us for the challenges of big data and digital transformation, which offer great opportunities as well as threats, but it missed that chance. It is a modest Bill with much to be modest about.

18:03

[Alan Brown]

My first time on a Bill Committee was during the passage of this Bill, and the journey has certainly been interesting from start to finish. In Committee, as outlined by the hon. Member for Cardiff West (Kevin Brennan), we had a vote that was not a vote and then a re-vote, but that will hopefully not be the future. Today, it was good that the Secretary of State gave the SNP complete credit for the Government defeat. We are happy to take that, but it was actually the result of work across the House and the amendment of the hon. Member for Enfield, Southgate (Mr Burrowes).

I was slightly frustrated by today’s proceedings, because I hoped to table an amendment relating to cash retentions, which is a big issue in the construction industry. It represents another missed opportunity for the Government. Our attempt to table an amendment proves that we are not about grabbing headlines, and we have been serious from start to finish in what we are doing.

[Pete Wishart]

I do not know whether my hon. Friend has some words of consolation for the Secretary of State, who seemed to be unduly upset about the temerity of SNP Members to come to the House and vote in the interests of Scottish workers. Does my hon. Friend have any advice to help him to get over his grievance?

[Alan Brown]

The Secretary of State could give us further devolution for a start. If we had been given more powers in the Scotland Bill, as we wanted, perhaps the Government would need to worry less about us.

Another interesting aspect of what we have seen today is the Government’s last-minute so-called “concessions”, and we are going to get amendments that we do not know about, in the House of Lords. The Government need to make up their mind whether they are in favour of the House of Lords and what is being done in there or not. Only last week they were not happy with what the House of Lords is doing but today we are supposed to vote with the Government because the Lords will save us—I do not know where we are going with that.

[The Minister for Small Business, Industry and Enterprise (Anna Soubry)]

You spoke in favour in the Committee—

[Alan Brown]

I did not speak in favour of Sunday trading in Committee, because I did not speak about Sunday trading in Committee, and the record will prove that. My hon. Friend the Member for Livingston (Hannah Bardell) spoke in favour of stronger workers’ rights, and that is also there for the record.

I have mentioned cash retentions, and the Minister’s attitude to dealing with that matter is to acknowledge that it is an issue but to say, “Don’t worry, we have a Government review. We will do the review and then we will implement the measures.” We have to put all the trust in the Minister, but we should consider what the proceedings on Sunday trading show. The Prime Minister said, “We won’t be doing Sunday trading” but it was then proposed, even though it was not in the manifesto, and today we have seen last-minute deals. That proves that we cannot have any trust there, which is why I wanted to have a vote about cash retentions.

[Kevin Foster]

I was interested to hear the hon. Gentleman’s comments on Sunday trading. Will people working in Scotland’s largest supermarkets be able to look forward to hours restrictions from the SNP Government at Holyrood, given the SNP’s attitude towards that issue in England?

[Alan Brown]

It is a different argument. The Government did not publish a full, proper impact assessment. The impact assessment that came before me was suggesting that workers might lose up to £1,400 a year and there could be £70 million lost out of the Scottish economy—that is from a published economist. When the Government cannot counteract that, I will go with that information. My conscience told me to vote on that basis and do the right thing.

Let me conclude on the cash retentions. We are seeking a retention deposit scheme similar to the tenant deposit scheme. This has been implemented in other countries— it has just been introduced in New Zealand—and shown to work well. It would protect small businesses. Up to £3 billion is held in cash retentions at any one time, and £40 million was lost in 2015—this is money the small companies could not recover because of bankruptcy in the other companies. Given that this recovery is meant to be based on small and medium-sized enterprises, this was another missed opportunity by the Government. I will leave it at that.

18:03

[Amanda Solloway (Derby North) (Con)]

I want to take the opportunity to highlight a really good part of the Bill, and, having worked in retail since the tender age of 16—not too long ago—I have full authority to talk about it. I have worked in a variety of different roles and I recognise how essential it is that we support small businesses, as they can be so vulnerable to the market forces we have today. I welcome the introduction of the small business commissioner, whose function it will be to provide advice and information to small firms, and to assist them in payment disputes with larger firms.

[Kevin Brennan]

I, like the hon. Lady, started working in a shop at 16. Does she also welcome the fact that clause 33(5), which gives effect to schedule 5, means that what we have achieved by voting down Sunday trading is not only not having the extension of Sunday trading hours, but improving workers’ rights on a Sunday, as that remains part of the Bill, as we heard earlier?

[Amanda Solloway]

I have limited time available to me now, so let me just say that I think Sunday trading would enhance the role of retailers and give people the choice that they very much want to have.

[Kevin Foster]

Does my hon. Friend share my surprise that the Opposition seem uninterested in the small business commissioner, who will make a real difference to small businesses, and that they just want to harp on about one issue instead?

[Amanda Solloway]

With the House’s permission, I will continue discussing the small business commissioner. Under the current system, payment disputes too often cannot be resolved without cases going to court. That costly process is limiting to small businesses and, if pursued, can lead to further financial pressures, making it a barely viable option to small business to have any kind of legal battle.

With my background in retail, I have often seen directly how late payments, often by larger and more robust businesses, can be crippling to small businesses. There may well even be a culture of large firms dragging their heels when it comes to making payments. What those firms disregard is how serious it can be to these small businesses not to make payments on time.

A recent study in Derby found that one in five businesses in the region is a victim of late payments, and that can be crippling.

[Wendy Morton]

These late payments can cripple small businesses. Does my hon. Friend agree that, when businesses are starting up, it can mean the difference between survival or not, and creating jobs or not?

[Amanda Solloway]

Absolutely, and what we need to do to boost our economy is to encourage these small businesses to get established and to flourish.

Therefore, this is an element of our business culture that must change. We must give advice and support to smaller businesses. The role of the small business commissioner will help to facilitate that. If as a country we are to continue to encourage enterprise and the entrepreneurial spirit, we must continue to do all we can to support small businesses and address the concerns and problems that hinder their performance.

18:03

[Greg Mulholland (Leeds North West) (LD)]

I will not take up too much of the House’s time. Unfortunately, we did not have the opportunity to debate the important new clause 10 and amendment 20, so I wish to put a few words on record, especially as the Minister for Small Business, Industry and Enterprise is in the Chamber.

I gently say that ours is a strange system whereby automatically Opposition amendments are dropped and Government amendments go through, especially because, as we have just seen with the amendment on Sunday trading, that does not always reflect what happens in the House. I strongly believe that new clause 10 would have had the support of a majority of MPs. It was not my intention to press it, however, because I had hoped to hear from the Minister that she accepted its terms. It was tabled to deal with a disgraceful loophole whereby tenants of large pub companies taking the all-important market rent-only option would have to surrender their existing lease and accept a shorter five-year lease, which would be wholly unacceptable.

Clauses 39 and 40 deal with the pubs code and the adjudicator, and I thank the ministerial team for listening to concerns about paragraph 8.12 of the draft code and dealing with them. The matter is being addressed in the Bill because of concerns about the draft code and the unacceptable nature of some of its provisions. I can tell the Minister that tenant groups are reporting some quite disgraceful behaviour from pub companies as an attempt to both game and circumvent the forthcoming pubs code, which comes in on 1 June. The Bill was the only opportunity to amend primary legislation that could then affect the content of the pubs code. Now it is a question of working with the Minister and her team to try to deal with some of these issues.

[Anna Soubry]

Does the hon. Gentleman welcome, as I do—and announce—the appointment as the pubs code adjudicator of Paul Newby, who I am sure will look forward to meeting the hon. Gentleman? Will the hon. Gentleman also accept my assurance that we will be true to all that was said and agreed on the Floor of the House last year when the legislation went through? Please may we work together to ensure that we have a good pubs code?

[Greg Mulholland]

I thank the right hon. Lady for her comments and their tone. The answer on both counts is yes, absolutely. I presume that the Minister’s news is hot off the press because I certainly had not heard anything about the adjudicator. It is huge news.

[Anna Soubry]

You are the first to hear.

[Greg Mulholland]

That is marvellous. That appointment is now public, and it is a very significant announcement. I do indeed look forward to meeting Paul in my role as chair of the British Pub Confederation.

I take the Minister at her word about sticking to the clear commitments that were made in both Houses. However, there is a need within the pubs code to deal with what is happening now. The purpose of amendment 20 was to stop the gaming, the use of section 25, and the use of bribes as well as bullying to try to force tenants to sign up now. Pub companies are making desperate attempts to try to carry on the exploitation of the beer tie, which is what the Government have rightly legislated to stop. That behaviour now needs to be stopped, because lots of tenants will otherwise find that they are forced, bullied or bribed into signing up to new agreements that do not have the market rent-only option.

I look forward to discussing those issues with the Minister and to presenting the evidence to her and her team that is drafting the pubs code. I urge her to learn the lessons of the beer orders and not to give in to industry lobbying, or to allow loopholes that are then exploited and gamed by large companies. If that happens, the code will simply not do the very things that she has talked about and her team have signed up to. I look forward to speaking further with her about that.

Question put and agreed to.

Bill accordingly read the Third time and passed, with amendments.