House of Commons (26) - Commons Chamber (10) / Written Statements (7) / Westminster Hall (6) / Public Bill Committees (2) / General Committees (1)
(1 year, 5 months ago)
Public Bill CommitteesI have a few preliminary reminders for the Committee. Please switch electronic devices to silent. No food or drink is permitted during sittings of the Committee, except the water provided. Hansard colleagues would be grateful if Members emailed their speaking notes to hansardnotes@parliament.uk. My selection and grouping list for today’s meeting is available online and in the room. No amendments have been tabled.
Clause 1
Prohibition on sale of low-welfare animal activities
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider the following:
Clauses 2 to 7 stand part.
That the schedule be the schedule to the Bill.
It is a pleasure to serve under your chairmanship, Mr Stringer. I am grateful to you, and to everyone who has joined the Committee to consider this important Bill once again.
I thank officials at the Department for Environment, Food and Rural Affairs who have supported me throughout this process, and the Ministers at DEFRA, the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Copeland (Trudy Harrison), and my hon. Friend the Member for Taunton Deane, who is answering today, for speaking up for the Bill along its journey so far.
I welcome the Government’s support for this legislation. Currently, there is no statutory provision in England or Northern Ireland to regulate the advertising or sale of animal activities abroad. This Government are well intentioned on the subject of animal welfare, and I know that this legislation has been a long time coming. The Government’s ambitious “Action Plan for Animal Welfare” states:
“we also want to make sure that businesses do not benefit from selling attractions, activities or experiences to tourists involving the unacceptable treatment of animals”,
and the Bill will deliver just that.
I will not repeat everything I said in the Chamber on Second Reading a few weeks ago, but it is important to break down the clauses and their effect. Clauses 1 and 2 establish the framework of offences that would involve the sale and advertising of animal experiences abroad that are considered to be low welfare. One section of particular note is subsection (3) of clause 1, which sets out the test for assessing whether an activity would be considered low welfare under the Animal Welfare Act 2006 in England, and the Welfare of Animals Act (Northern Ireland) 2011 in Northern Ireland.
Clause 3 is about penalties, prosecution and liabilities under the legislation. The clause also disapplies section 127 of the Magistrates’ Courts Act 1980 and article 19 of the Magistrates’ Courts (Northern Ireland) Order 1981. That will ensure that the more complex cases that arise as a result of this legislation can be dealt with in a longer period than six months, which is the regular limit for a summary offence.
Clause 4 establishes the authority of the relevant departments in England and the Department for the Economy in Northern Ireland to investigate any allegations resulting from the offences created under the legislation. Clause 5 outlines the procedures for making regulations under the new legislation, both in this Parliament and in the devolved Administration in Northern Ireland. Clause 6 defines the terms commonly used throughout the Bill, including “activity regulations”, “animal”, “appropriate national authority”, “appropriate national legislation”, “offering” and “vertebrate”.
Finally, clause 7 details the territorial extent of the Bill—it applies to England and Northern Ireland—the commencement of the Act, which is due to take effect two months following Royal Assent from His Majesty the King, and the short title of the Act.
Animals cannot speak up for themselves, but we can speak for them. Charities including Save The Asian Elephants and World Animal Protection have highlighted the plight of many animals, including elephants and dolphins, which suffer in appalling conditions behind the scenes before being paraded around for visiting tourists. World Animal Protection estimates that up to 550,000 wild animals are suffering in poor conditions for the entertainment of tourists worldwide.
While we cannot outlaw those practices overseas, the Bill goes a long way to ensuring that we do our bit. Once enacted, it will prohibit the advertisement in England and Northern Ireland of tourist activities abroad that infringe on animal welfare standards. By reducing the visibility and prevalence of advertisements for such activities on high streets across England and Northern Ireland, the Bill will lead to more welfare-conscious offers being made to tourists who wish to go abroad.
I thank my hon. Friend for promoting this incredibly important Bill. Do those advertisements include those for swimming with dolphins?
It does. I will come on to talk about dolphins and other animals later in my speech.
A briefing note circulated by a number of animal welfare charities to members of the Committee highlighted 12 recurring themes in the keeping of animals in low-welfare attractions and facilities. It is prudent to bring them to the attention of the Committee to show the difference that the legislation could make. Animals are taken from the wild, which harms the animal, local wildlife populations and people. Mothers are killed, injured or harmed simply so that their infants can be captured. Breeding mothers are kept and forced to raise their young in low-welfare facilities, as opposed to in the wild. Infants are taken from their mothers far too young. There is a high mortality rate among animals that are in transit or traded.
Animals are kept in situations that are unnatural to them, including close captivity, which can be particularly harmful to long-lived species and to those accustomed to a large range in the wild. Animals are forced to perform unnatural behaviours. The use, or threat, of fear, pain, or drugs is used to control or train animals, and methods of domination are used to traumatise or subdue them. Animals are closely handled by several untrained people, and are often given no option to retreat. There is a risk of zoonotic disease transmission from animals, particularly when they are used as photo props and handled by large volumes of people. Finally, animals who are no longer used for exhibition are kept in cruel surroundings or killed before they have reach the natural end of their life. Those 12 themes paint a picture of a experiences that none of us would wish on an animal in the wild. This legislation will result in fewer animals being treated in that way by bringing about less consumer demand for experiences based on low-welfare treatment.
Let me mention some of the experiences that feature poor conditions for animals, as well as the species that the Bill could have an impact on. I will start with the Asian elephant, used as a tourist attraction for rides, particularly in south-east Asia. Animals from that precious species are brutally taken in the wild at a young age—sometimes their mothers are killed right in front of them—and then subjected to a breaking of their spirits by isolation, starvation, stabbings and beatings to make them submissive when engaged in activities with tourists.
Another experience used in tourist activities around the world is the use of animals as photo props. That can include primates, reptiles and avian life being used for selfies; and big cats, such as tigers, lions and leopards, being used in public interaction.
I would like to add to that list. I have worked as a field guide, a safari ranger, in Africa, and cheetahs are especially vulnerable. I have seen cheetahs in particularly shocking conditions—tigers, cheetahs and others. Does my hon. Friend agree that they need protecting as much as all the other big cats?
I thank my hon. Friend for her timely intervention. It is right to add to the list. In fact, if I went through a list, it would be a lot longer than I have time for this morning—I do not want to keep everyone in a cold Committee Room longer than is necessary. Yes, cheetahs are affected as well, as is marine life, including dolphins, which are used for feeding and swimming experiences, as was mentioned by my hon. Friend the Member for Meon Valley.
Many of us and our constituents will have seen such experiences advertised in the shop windows of travel agents or online, but were not aware of the animal welfare consequences. When we think about low-welfare activities abroad, we first think of the conditions of the animals, but it is important to note that there is a human impact, too. For example, research from Save the Asian Elephants has shown that at least 700 tourists and others have been killed, and more than 900 have suffered sustained injuries, such as crushed chests and internal organs, broken limbs and ribs, and serious head injuries. More widely, experiences involving big cats, marine life and reptiles carry a risk to public safety through the threat of injury and of the zoonotic transmission of disease. The Bill will improve the safety of both the animals involved in tourism abroad and the tourists themselves.
I appreciate that some will be disappointed that the legislation will not cover the whole of the United Kingdom, notably Scotland and Wales. I hope that our colleagues in the Scottish and Welsh Parliaments will be able to introduce legislation in their devolved assemblies that provides a similar framework. Today, we must focus on the first step on that journey, and put the Bill through to the next stage.
Everyone on the Committee and in the House represents a constituency where animal welfare is valued and cherished, as it is in my constituency of Guildford. The Bill will be roundly supported by our constituents. I was pleased to see, both on Second Reading and in an Adjournment debate on the subject in the House in January, that the legislation had cross-party support. There were contributions from Conservative, Labour and SNP Members. I hope that we continue in that cross-party spirit. I look forward to hearing from the Minister and Members on their further views on the Bill.
It is a pleasure to have you in the Chair, Mr Stringer, for consideration of this incredibly positive Bill. It shows us working at our best. My hon. Friend the Member for Guildford has worked hard on it, and gathered cross-party support for it. I thank her for all that work, and the rest of the Committee and others for their useful input, including DEFRA. Responsibility has swapped between Ministers, but that has meant that we are fully aware of what is going on, and have got behind the Bill.
As we have heard, the Bill enables the introduction of a domestic ban on the advertising and offering for sale of low-welfare animal activities abroad. It provides a framework under which secondary legislation can apply bans to the advertising and offering for sale of specific activities. That is key; it means that different categories of creatures may be looked at individually when serious evidence is brought forward, so that we get the regulations right for each category. There will be parliamentary scrutiny of those regulations, which is welcome.
I will run through each clause of the Bill, although my hon. Friend just did that, just so that this is all on the record from the Minister. Clause 1 makes it an offence to sell any right to observe or participate in a low-welfare animal activity that takes place outside the United Kingdom and that is specified in activity regulations that apply in a relevant part of the United Kingdom.
Under the Bill, an animal activity is considered to be low welfare if the conditions in which the animal is kept or the treatment to which it is subject would be an offence under the Animal Welfare Act 2006 in England, or under the Welfare of Animals Act (Northern Ireland) 2011 in Northern Ireland. The power to make activity regulations is conferred on the appropriate national authority, which in England is the Secretary of State and in Northern Ireland is the Department of Agriculture, Environment and Rural Affairs, or the Secretary of State acting with the consent of the Department.
The decision about which animals and activities the ban will apply to will be based on evidence, as I mentioned. A ban will be implemented only when compelling evidence of the need for it is submitted. As I say, all activity regulations will be subject to parliamentary scrutiny via the affirmative procedure.
Clause 2 sets out which advertisements would be prohibited under the Bill. If an advert has the purpose or effect of promoting the observation of or participation in a specified low-welfare animal activity that is to take place outside the United Kingdom, it will be prohibited. It also establishes the circumstances in which a person does and does not commit an offence by advertising a low-welfare activity.
An offence is committed if a person publishes a prohibited advert in a relevant part of the United Kingdom, or if they cause such an advert to be published. The key is the way in through such adverts. Similarly, a person commits an offence if they print or distribute a prohibited advert that has been published in a relevant part of the United Kingdom, or causes such an advertisement to be printed or distributed.
A person does not commit an offence if the advert is in a publication—excluding in-flight magazines, which could come into this country—that is printed outside a relevant part of the United Kingdom and whose principal market is not a relevant part of the United Kingdom. If an advert is distributed electronically and the person did not carry on business in a relevant part of the United Kingdom at the time of distribution, then that person does not commit an offence. Likewise, if a person sells a publication to a member of the public that contains a prohibited advert, then that person does not commit an offence.
The bans are important because, as my hon. Friend highlighted, no specific provisions in law regulate the domestic advertising and sale of animal activities that take place overseas. Domestic travel agents can currently advertise activities involving animals abroad that would not be permitted if they took place in England or Northern Ireland. The Association of British Travel Agents has guidelines, but they are not law and cannot be enforced. That is why the Bill will be so useful.
Clause 3 sets out information about the penalties, prosecution and liability for the offence. A person or business in England and Wales who commits an offence under the Bill is liable for a fine, which could be unlimited; in Northern Ireland, they are liable for a fine not exceeding level 5 on the standard scale, which equates to £5,000.
Section 127 of the Magistrates’ Courts Act 1980 and article 19 of the Magistrates’ Courts (Northern Ireland) Order 1981 do not apply in relation to offences under this Act. That means that the usual six-month time limit within which a prosecution for a summary offence must be brought will not apply. That will ensure that prosecutions are not time-barred in complex cases where data and evidence have to be gathered. That is clearly a helpful provision.
Clause 4 sets out the enforcement powers of local weights and measures authorities in England and the Department for the Economy in Northern Ireland. Clause 5 sets out what further provisions may be included in activity regulations made under clause 1. Activity regulations must be made by statutory instrument and, as mentioned earlier, will be subject to the affirmative procedure.
Clause 6 sets out the definition of terms commonly used throughout the Bill, including that of low-welfare activity. Clause 7 sets out the extent, commencement and short title of the Bill.
The Bill extends to England, Wales and Northern Ireland. However, the provisions of the Bill apply to England and Northern Ireland only. This is a devolved matter, and it will be up to the relevant devolved Administrations to consider whether they would like to bring in a similar framework. We welcome Northern Ireland’s joining in with the Bill. Its provisions will come into force two months after the day on which it is passed.
This Bill is one of many that have come through our Parliament in a few years that demonstrate that we are a caring nation and really mean business on animal welfare. The animal welfare action plan sets out our criteria. We have brought forward an enormous raft of legislation; that is worth noting, as there has been such a focus on this agenda recently. There is the Glue Traps (Offences) Act 2022; the Animal Welfare (Sentience) Act 2022; the Animal Welfare (Sentencing) Act 2021; the Animal Welfare (Services Animals) Act 2019; the private Member’s Shark Fins Bill passing through Parliament, which I have been part of; and the Hunting Trophies (Import Prohibition) Bill, also going through Parliament. I know colleagues have spoken in debates on it. The Bill before us is another example of just how much we are doing on this agenda, and how necessary the work is.
My hon. Friend the Member for Guildford mentioned the real difference that the Bill will make. It probably comes too late for some of the thousands of poor creatures referred to. There have been ghastly examples given, including of young creatures being taken away from their mums and their mums being killed. Big cats were referenced in one intervention, and dolphins were mentioned by my hon. Friend the Member for Meon Valley.
An enormous thank you to everybody who offered to serve on the Bill Committee. There are quite a lot of presentation Bills and private Members’ Bills going through Parliament, and we are all in great demand to sit on their Committees. I am grateful to everyone from across the parties who agreed to be on this Committee.
My thanks again to DEFRA officials, who have worked incredibly hard; to Ministers; to Clerks in the Public Bill Office, who give enormous support; and to Adam Heilbron from my office, who has done a huge amount of work in supporting me.
I am delighted to see the Bill progress, and that we have managed to get through so many stages. There are a few more hurdles to go: there will be Report and Third Reading shortly, I hope, and then the Bill is off to the Lords. Hopefully, it will then finally go to His Majesty for his Royal Assent. My enormous thanks to you, Mr Stringer, for chairing the Committee.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 7 ordered to stand part of the Bill.
Schedule agreed to.
Bill to be reported, without amendment.
(1 year, 5 months ago)
Public Bill CommitteesBefore we begin, please switch off electronic devices. No food and drink are permitted during sittings of the Committee, except the water provided. Hansard colleagues would be grateful if Members emailed their speaking notes to hansardnotes@parliament.uk. My selection of groupings for today’s sitting is available online and in the room. No amendments have been tabled. We will have a single debate on all clauses of the Bill and the schedule.
Clause 1
Workers (except agency workers): right to request predictable work pattern
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider the following:
Clauses 2 to 4 stand part.
That the schedule be the schedule to the Bill.
It is a pleasure to serve under your chairmanship, Sir Robert. I am delighted that we are here today to take another step towards introducing a new right for workers to request a more predictable working pattern.
The 2017 Taylor review of modern working practices found that workers on zero-hours contracts, agency workers and temporary workers struggle where flexibility is one-sided in their employer’s favour. Some employers misuse flexible working arrangements to create unpredictability and insecurity of income, and some workers are reluctant to assert their basic employment rights. To address the issue of one-sided flexibility, the Taylor review recommended that the Government create a new right to request a contract with guaranteed hours for zero-hours contract workers.
My Bill will introduce a new right for workers to request a more predictable working pattern. A qualifying worker will be able to make an application to change their existing work pattern if it lacks predictability in terms of the hours or times they work, or if it is a fixed-term contract for less than 12 months.
The right will apply to all eligible workers, including agency workers—not only those employed on a zero-hours contract. That will ensure that the right will benefit a range of workers with unpredictable working conditions, including temporary workers, agency workers and workers with non-guaranteed hours. Workers must first have worked for their employer for a set period before they make their application. This period will be set out in regulations, but it is expected to be 26 weeks. A worker needs only to have been employed with their employer at some point during the month before that period, and to be working again for their employer when the application is made. The same criteria will apply to agency workers and those working on behalf of temporary work agencies. Agency workers who make applications directly to hirers will be required to have worked for their hirer for at least 12 weeks continuously during the 26-week period.
Once a worker has made their request, their employer will be required to notify them of their decision within a one-month timeframe. An employer will be able to turn down a request for a more predictable working pattern based on specific statutory grounds, similar to those established for the existing right to request flexible working. That will help to ensure that businesses are not unfairly burdened by the new right—for example, if the cost of providing the worker with a more predictable working pattern would be too burdensome on the business. Workers will have the option to complain to an employment tribunal if their employer does not handle the request in a reasonable manner, wrongly treats the request as withdrawn, dismisses or treats a worker poorly because of their request, or rejects the application on the basis of incorrect facts.
I am delighted that the Bill has support from the Government and from Opposition parties. We are keen to ensure that it can progress through the House quickly so that this important new right for workers can be introduced. I will now discuss the detail of the four clauses and one schedule, which will make new provisions in part 8A of the Employment Rights Act 1996.
Clause 1 inserts a new chapter into part 8A of the Employment Rights Act. These sections introduce the right to request a more predictable working pattern for non-agency workers. Section 80IA provides that a worker may apply for
“a change in terms and conditions”,
while section 80IB provides that a worker can apply only if they were
“employed by the same employer”
at some point during the month immediately before the prescribed period, ending with the making of the request. The length of that period will be set out in the regulations.
Section 80IC sets out what the duties of an employer are when receiving requests. It must deal with the request in a reasonable manner and notify the worker of its decision within one month. Section 80ID allows a worker to make a claim to an employment tribunal where the employer has not complied with its obligations, and section 80IE sets out the remedies that an employment tribunal can award if the claim is successful.
Clause 2 introduces the right to request a more predictable working pattern for agency workers. It inserts chapter 3 into part 8A of the Employment Rights Act 1996. A number of the provisions mirror those in clause 1, so I will highlight only those sections that differ materially from clause 1.
Section 80IF provides that an agency worker may make a request to either a temporary work agency
“with which the agency worker has a contract to perform work or services personally”
or a hirer under whose supervision and direction they are working. Section 80IG requires that workers making an application to a temporary work agency must have had a contract with the agency at some point in the month immediately before a period prescribed in the regulations. Workers making an application to their hirer must have worked in the same role with the same hirer continuously for 12 weeks in the period specified in the regulations.
I congratulate the hon. Gentleman on introducing the Bill, which is a welcome step in the right direction. I am aware of the figures for the number of workers who are on zero-hours contracts, but does the hon. Member have a figure for the number of workers who would be covered by the Bill?
I do not have the figures at hand, but I will gladly work with the Minister’s private office to see whether we can obtain them.
Using experience from my own constituency, Blackpool South, a large number of people work on zero-hours contracts in the leisure and hospitality industry. Anecdotally, from speaking to those businesses, I believe that several hundred constituents of mine would have the legal right to request a more predictable working pattern. If we extrapolate from that across the country, we are no doubt speaking about potentially millions of workers who could benefit from this. I thank the hon. Member and his party for their support on Second Reading.
Section 80II sets out the circumstances in which requests must be considered after an application has been made, but before a decision has been reached, the contract that the agency worker has with the temporary work agency comes to an end, or the agency worker ceases to work under the direction of the hirer.
Clause 3 inserts chapter 4 into part 8A of the Employment Rights Act 1996. It makes provision to ensure that workers cannot make more than two requests in any 12-month period. That ensures that the policy is in line with those on flexible working, which also permits up to two requests per year. It also makes provision to ensure that workers cannot make a request for either flexible working or a more predictable working pattern if they have another request in progress.
Clause 4 is a straightforward measure that addresses the extent of the Bill, makes provision for commencement and provides the short title of the Bill. The schedule contains a list of amendments to other employment legislation that will be required to ensure that this measure is effective and does not adversely affect existing legislation. That includes provisions to ensure that there is legal protection for any worker who is penalised by their employer because they have tried to exercise their new right to make those requests, and for an employee who is dismissed as a result of doing so. There is also provision to deal with the potential passage through Parliament of the Employment Relations (Flexible Working) Bill at the same time as this Bill.
It is a pleasure to serve under your chairmanship, Sir Robert. I congratulate the hon. Member for Blackpool South on introducing the Bill and explaining the provisions in such an eloquent and articulate fashion. It is apt that we are considering the Bill on International Women’s Day, as it is women who are disproportionately affected and victimised by poor employment practices, and subjected to insecure employment. I welcome the Bill for that reason and a number of others.
My earlier question to the hon. Member was based on some family experiences. My eldest son was working in retail in the north-west. He was in the category where he did not have a zero-hours contract, but he did not have a secure, specified number of hours. Before Christmas, he was expected to work 60 hours a week. Once the peak of demand had subsided, the guaranteed hours fell substantially. However, he could not go to his landlord and say, “Well, I have had only 20 hours this week, so is it okay if I give you only half my rent?”
The issue affects many hundreds of thousands of workers, and this is an important step forward. I welcome the Bill, because it gives workers on atypical contracts, especially zero-hours contracts, more predictable and stable working hours. It gives people a greater say over when, where and how they work. It is right that the Government address one-sided flexibility, which inevitably benefits employers, and often forces employees to put their lives on hold when they are called up at short notice for shifts. Not having a secure employment also has implications for any kind of hire purchase debt, such as mobile phone contracts.
It will probably come as no surprise to Conservative Members that I support the abolition of zero-hours contracts altogether. I would welcome a comprehensive employment rights Bill that would provide statutory protection against all forms of poor employment practices. Nevertheless, notwithstanding my reservations, I welcome the intention of the Bill and I am pleased to support the hon. Member for Blackpool South today.
It is a pleasure to serve under your chairmanship, Sir Robert. I was interested in serving on this Committee because the Bill sits in employment law, which is a reserved policy area. As we know, the territorial extent will include Scotland when the Bill secures Royal Assent.
We have heard about difficulties with zero-hours contracts for years. It is fundamentally unfair that those on zero-hours contracts are expected by employers to be completely flexible and available at short notice, with no guarantee of shift patterns or even paid work at all. Although the Bill does not give workers the right to a fixed and predictable working pattern, it sets out clear grounds on which an employer can decline, limiting spurious refusals. That is a positive step.
If the Bill is enacted, it will have some very positive impacts, such as reopening the door to employment for those currently out of work. We have heard a lot in recent weeks about the impact of a lack of suitable childcare on women and single parents, and their ability to participate fully in the labour market, which costs the economy £38 billion a year by some estimates. I can only imagine how much more difficult finding childcare becomes for someone on a zero-hours contract, or someone working in the gig economy who may need it at incredibly short notice. I thank the hon. Member for Blackpool South for introducing a Bill that will begin to make the necessary changes and I congratulate him on seeing it through its legislative stages so far.
It is a pleasure to serve under your chairmanship, Sir Robert. I start by thanking my hon. Friend the Member for Blackpool South for bringing this Bill before the House and for his clear explanation of its clauses. I am delighted to be here today to reiterate that the Government fully support the Bill, which will introduce an important new employment right and tackle the issue of one-sided flexibility.
I begin by thanking you, Sir Robert, for your chairmanship. I thank every Member who has given their time to serve on this Committee. In particular, I thank the hon. Member for Easington for his comments. He mentioned the irregularity experienced by some on zero-hours contracts and its detrimental effect on their financial stability. That should be at the forefront of everyone’s minds, given the considerable challenges that many of our constituents face with the cost of living at the moment. That is one very good reason why this Bill is progressing through the House.
I also thank the hon. Member for Rutherglen and Hamilton West, who is a fantastic advocate for her constituents. I think she probably speaks more often in this House than any other Member, apart from the hon. Member for Strangford (Jim Shannon). I am pleased to see her here. She made a particularly good point about workers on zero-hours contracts experiencing inflexibility with childcare, with the added pressure and stress of trying to juggle their daily routine, family, finances, work-life balance and so on. If this Bill does nothing else, I hope it will help those struggling with childcare.
I also thank the Minister for his brilliant support and extend that thanks to those in his private office, who have been extremely helpful over the last few weeks. In closing, I reiterate the importance of this Bill and I hope that it can progress through the House quickly.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 4 ordered to stand part of the Bill.
Schedule agreed to.
Bill to be reported, without amendment.