European Union (Notification of Withdrawal) Bill

Debate between Baroness Drake and Lord Wigley

Committee: 2nd sitting (Hansard): House of Lords
Wednesday 1st March 2017 Lords Chamber

[Lord Wigley]

My Lords, I have my name down in support of Amendment 16, which the noble Baroness, Lady Jones, just spoke to. It addresses the key question of ensuring that after Brexit and the repatriation of EU law—whether to Westminster or the devolved Administrations, as the case may be—there is not any erosion of the safeguards in law protecting the rights of workers and the interests of those protected by equality legislation.

My concerns are threefold. The first is the interests of disabled people, for which I worked for four decades and was involved directly in many of the key legislative steps, particularly the Disability Discrimination Act, which, incidentally, Sir John Major did much to facilitate as Prime Minister. Secondly, I am concerned about the safeguards for working people. Much progress has been achieved over the past 40 years and we must not let it be washed away by the Brexit tide. Thirdly, if we are to have unfettered access to the single market for our manufacturing products, as the Government hope, despite their unwillingness to include this in legislation, we must maintain equivalent standards to those on mainland Europe. We cannot allow these groups to suffer in a race to the bottom of that sort.

Amendment 29, in my name and that of the noble Baroness, Lady Jones, focuses on the paramount need to safeguard the whole higher education sector before committing to Brexit. In particular, the amendment refers to tuition fees, Horizon 2020 and other EU research programmes, Erasmus+ and,

“continued participation in the Bologna process”.

I hope the Minister will give the Committee some categorical assurances on these important matters, which are all fundamental to our higher education sector. If the Government are not forthcoming, these issues are not going to go away. They may well be addressed by a further amendment on Report for the Higher Education and Research Bill. An amendment has already been tabled in the name of the noble Lord, Lord Hannay of Chiswick, and others. In other words, one way or another, I am certain that this House will not allow our higher education sector to be undermined by Brexit. I would be very glad to have some assurances along those lines from the Minister.

[Baroness Drake (Lab)]

My Lords, Amendment 33 is in my name. Many women voted in the referendum but few will have done so in the belief that the result could prejudice their rights. Despite assurances from Ministers on employment rights, real concerns remain about the potential negative impact of Brexit on women’s rights. Concerns have been expressed by the Fawcett Society and many other organisations that the commitments from the Government are of a general kind and, when it comes to it, may not be honoured.

Amendment 33 seeks that before issuing any notification under Article 50,

“the Prime Minister must give an undertaking to have regard to the public interest during negotiations”,

in three areas: employment rights derived from EU legislation; violence against women and girls; and protection orders. The EU has proved an important source of rights for women. The rights of part-time workers and pregnant women at work and to equal pay for equal value derive from the EU. The White Paper argues that the UK maternity leave system is more generous than the EU requirement—yes, it is; a Labour Government introduced it—but we cannot assume it is secure.

Welfare Reform Bill

Debate between Baroness Drake and Lord Wigley

Wednesday 26th October 2011 Grand Committee

[Lord Wigley]

My Lords, I think that I have attended every sitting of this Committee. I find it immensely frustrating that, when one sitting ends, one finds that by the beginning of the next a wodge of new amendments has come on board. It does not mean that the points raised are not important or that there has been time-wasting. However, it is immensely difficult for people, particularly those with responsibilities to organisations outside the Chamber, to organise themselves to put the points that they need to put in debates. It is not just for this Committee but for the House to consider how to get a more orderly way of doing business.

[Baroness Drake]

My Lords, I support the amendment and come back to its detail; my noble friend indicated that it was a probing amendment. This is an opportunity to raise significant issues about in-work conditionality. Where a welfare system has to balance rights and responsibilities, under universal credit those in work will be embraced by an in-work conditionality of some complexity which neither they nor their employers will previously have experienced. From the emerging details of in-work conditionality it is clear that it will give the Government significant discretion over a sizeable section of the workforce, and powers to follow through with sanctions that will affect people's lives very significantly.

This is a novel discretion for three reasons. It will impact on a much greater volume of people; it will impact on existing in-work relationships; and it will require Jobcentre Plus people or any outside providers to engage with large numbers of companies with which they have previously had no engagement.

Setting and enforcing what is a reasonable condition, particularly in terms of increasing hours or requiring people to seek and change their jobs, must be sensitive to a range of factors: for example, local and regional labour markets, and different sectors and their employment practices. If an employer puts their employees on short-term working rather than making them redundant, is that a good thing or will it attract conditionality requirements? How will it be handled? What will happen when people have atypical or variable hours work contracts? Over what period and in what manner will earnings be averaged to assess compliance with income thresholds on conditionality?

In requiring people to work more hours or seek a higher-paid job, it is important to ensure that childcare and conditionality interact fairly. Parental need for confidence in the care of their children needs to be respected. My noble friend Lady Hollis moved in on some detailed concerns in this area. Any casual observation of female labour market statistics will show two peaks of part-time working by women. They coincide with key caring periods. Part-time working in the UK is part of the systemic solution to childcare, particularly for single parents. One cannot look at conditionality on the one hand without looking at the nature and characteristics of childcare in the nation as a whole. How will the sanctions regime be applied? How will it impact on the children of those who are subject to sanctions? How long will people and families be given to adjust to any new requirements and conditions, particularly if they come on top of a period of compulsory redundancy?

What we see from the details coming forward is the micromanagement of the work patterns of potentially millions of people, and the application of wide discretion that will need a considerable set of guidance notes and competences to apply the conditionality. The staff making these in-work conditionality assessments will have no previous experience of doing this. It is a novel area in its scale and complexity. No doubt in answer to my questions the Minister will say what is intended or that the matter is work in progress. It is pretty clear that an awful lot of work is still in progress. I say that not to appear negative but to say that the Bill has the effect of giving the Government considerable discretionary power over people in work.

Parliament needs to be satisfied on three issues: that the capacity and capability to implement the proposed in-work conditionality is there; that there is confidence that the discretion will be applied consistently, fairly and proportionately; and that there is a high level of confidence that there will be no inequalities of treatment or impact in the outcomes of applying that discretion. Because conditionality is now going to be applied to people who believe that they are already making a contribution, they will have to experience a different perception of the contribution they should make in terms of being in work.

I want to pose two questions for the Minister. First, do the Government intend to pilot in-work conditionality before they introduce it nationally? Secondly, would any introduction consequent on those pilots be both gradual and incremental so that experience, knowledge and skill can be built up by those assessing claimants? Thirdly, what will be the reporting to Parliament about the level of confidence that this complex system of in-work conditionality can be applied fairly and proportionately?