Professional Qualifications Bill [HL]

Baroness Gardner of Parkes Excerpts

2nd reading
Tuesday 25th May 2021 Lords Chamber

[Baroness Gardner of Parkes (Con) [V]]

My Lords, when the Second World War ended and the Australian troops came home, they were eligible to attend universities and many of them became dentists. I myself became a dentist, but I was straight from school. Then the surplus of dental graduates in Australia was so high that there was no work except for digging the Snowy River scheme or the roads, and after a short time they discovered there was this need for dentists in the UK and huge numbers came here at that time, as I did myself. I welcome the Bill in helping to recognise professional qualifications gained abroad where they meet UK standards.

I came from Australia in 1956, having recently qualified as a dentist from Sydney University and having heard of the shortage of dentists here. My qualification and training for the National Health Service was really to be able to say that I was able to practise dentistry and make my life here in England. The rest, as they say, is history. All I had to redo of my training on arrival in England was to register: the standards of teaching were accepted. I doubt I would have stayed too many years more if more study had been required without any earnings, not to mention the costs one would have to incur. Today we still often need more skilled people than we can train here, and people move to the UK and bring their skills with them, which we can put to good use. Similarly, it is useful in this global economy for our professional skills to be recognised abroad, for exactly the same reasons.

When looking through the draft Bill, I found myself wondering about the merits of the proposed assistance centre. I fear this looks like something with the potential to be a costly and resource-intensive body, when it merely needs to be something that directs people to the relevant regulators of the professions. In this day and age, it could in fact be a website run by a government department at a low cost. I hope to hear more from the Minister as to what is envisaged for the assistance centre. In particular, I seek assurance, that it will not become the regulator to the regulators.

Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021

Baroness Gardner of Parkes Excerpts

Tuesday 27th April 2021 Grand Committee

[Baroness Gardner of Parkes (Con) [V]]

My Lords, having served for a number of years—about 20 I think—as a member of an industrial tribunal, I have a particular interest in this subject. I read with interest yesterday a Times article headed, “U-shaped pandemic jobs crisis hits older and younger workers”. My comments today focus on what steps the Government can implement to help workers, whether employees or limb (b) workers, in the current climate and beyond.

It is clear that those over 50 years old, and the 16-24 age category, are being hit by job losses at a greater rate than the others. While some of these jobs may return, many will do so in the gig economy as flexible workers rather than as employees. In some cases—mostly the youngsters—this may suit the person in question; but in many cases, it is all that is on offer, so workers have a stark choice. The changing nature of our workforce needs to be reflected in legislation and move with the times. We ought not to see permanent employee jobs replaced with flexi-workers just to avoid employment rights and protections. I fear that as furlough ends, we will see many employers looking for this softer option. Today’s order recognises the rights of workers to protections currently afforded to employees, and I urge the Government to look beyond this to see what else they could introduce to help people as we emerge from this pandemic.

Offshore Gas Rigs

Baroness Gardner of Parkes Excerpts

Thursday 11th March 2021 Lords Chamber

[Lord Callanan (Con)]

Transforming the UK continental shelf into a net zero basin will be achieved through a combination of energy efficiency, electrification from alternative, decarbonised energy, and the use of carbon-capture technology. There are a range of policies that we can bring into play to try and bring these practices to an end.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, given the vast amounts of carbon dioxide emitted directly into the air due to gas flaring, can the Minister set out how, as part of the Government’s green industrial revolution, we can capture this carbon and put it to good use, while removing these harmful emissions from the atmosphere?

[Lord Callanan (Con)]

We do encourage companies to capture as much of it as possible and, as the noble Baroness said, put it to good use on the platforms or pipe it to shore and use it, where possible, in domestic gas transmissions. The Government’s 10-point plan for a green industrial revolution, announced in 2020, stated our ambition to capture 10 megatonnes of carbon dioxide a year by 2030—the equivalent of 4 million cars worth. Where possible, we can use it; if not, we can store it safely underground.

Intellectual Property Rights: Affordable Drugs

Baroness Gardner of Parkes Excerpts

Monday 30th November 2020 Lords Chamber

[Lord Grimstone of Boscobel (Con)]

My Lords, I think we all agree that the world urgently needs access for all to safe, effective, quality and affordable vaccines, diagnostic medicines and other health technologies to enable an effective response to the Covid-19 pandemic. Intellectual property rights provide incentives to create and commercialise new inventions such as life-changing vaccines. In short, they keep innovators innovating, creators creating and investors investing.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, as a former UK chairman of the charity Plan International for about 20 years, I visited many overseas centres, so I know how essential it is that developing countries have access to affordable and necessary drugs, and, even more importantly, advice on how they should be used. Too often, I found that they received the drugs, but they would remain on the shelf as they needed to be trained in how and when to use them. Will the Minister ensure that the Government take appropriate action to deal with this need?

[Lord Grimstone of Boscobel (Con)]

My noble friend makes an excellent point; without education, these drugs will not reach their full efficacy. We encourage active dialogue between industries and Governments to explore how best to work together and educate the citizens of countries to make the best use of these drugs.

Maritime Industry

Baroness Gardner of Parkes Excerpts

Thursday 17th September 2020 Lords Chamber

[Lord Callanan (Con)]

I know that, as one of the leading shipping nations, we are working closely with a number of other nations in the IMO to bring about a reduction in emissions from the maritime sector. I am not aware of our precise position on the matters that the noble Baroness mentions, so I will write to her on that.

[Baroness Gardner of Parkes (Con) [V]]

My Lords, we have heard a lot about the maritime industry and I strongly support that. However, I wonder what the position is on the air industry because, at the moment, there is a tremendous build-up from the public, who are waiting to be able to fly anywhere to get away from everything. It is a most important industry and I believe that it is complying with things like zero-emissions targets. However, the Government really must be aware of this need; how do they intend to meet it?

[Lord Callanan (Con)]

The ingenuity with which noble Lords extend these subjects far and wide never ceases to impress me, but the Question is on maritime emissions. The noble Baroness makes an important point about emissions from aircraft, which I am sure is duly noted.

Employment Rights (Miscellaneous Amendments) Regulations 2019

Baroness Gardner of Parkes Excerpts

Thursday 28th March 2019 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, I am grateful to the Minister for outlining the main provisions in this suite of SIs. I have to say, it is a great pleasure not to be talking about Brexit, and to be talking about improvements in employment rights following the Taylor report. I record my thanks to the TUC for its briefing, although I do not necessarily agree with all its conclusions and comments.

It is very important that we move with the times, ironing out some of the unintended consequences of previous legislation and adapting to some of the issues developing through changes in the ways that we work. The Swedish derogation is one of the unintended consequences. I well remember introducing the Agency Workers Regulations 2010 when I was in another place. We introduced the right for agency workers to receive the same employment and working conditions as permanent staff after 12 weeks of service. The Agency Workers (Amendment) Regulations seek to remedy this loophole, which meant that some employers were getting out of giving full employment rights to agency workers by using Regulations 10 and 11 to waive the right to the same pay as a permanent worker if they signed a “pay between assignments”, also known as the Swedish derogation, which promised to pay in between assignments. Some employers were abusing this regulation, not paying material pay between assignments by keeping their staff on artificial, minimum hours contracts or deducting their “between assignments” pay from their “on assignment” pay. This Swedish derogation is to be revoked on 6 April 2020. Nothing good is lost—businesses will still be able to contract to pay agency workers between assignments after revocation. However, workers will not be able to opt out of equal pay rights after 12 weeks, which is a welcome protection for potentially vulnerable agency workers—so all good there.

The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 introduce the welcome reform that employment agencies must give the worker information before a contract is agreed—on pay, benefits, costs, deductions and fees. It must also include the minimum rate of remuneration payable to the work seeker and the nature and amount of any deductions made to their remuneration. It must also include a worked example of a payslip. The first payslip often comes as a bit of a shock to employees, let alone an agency worker, when they see all the deductions. This key information sheet should improve transparency around pay arrangements; it is very welcome.

The final, and also very welcome, SI is the Employment Rights (Miscellaneous Amendments) Regulations 2019. These increase the maximum level of penalty available for,

“aggravated breach of a workers employment rights",

from £5,000 to £20,000. I am not entirely sure what “aggravated breach” would entail. In his remarks, the Minister talked about the minimum wage. Is it wider than that? I understand that it would persistently be breaching employment law, but how many breaches would there need to be before it becomes aggravated? This opens up the question of how many breaches are happening at the moment. The Explanatory Memorandum says that, since introducing the penalty for aggravated breach, 31 penalties have been issued. Can the Minister confirm that this 31 relates to total time since the Employment Tribunals Act 1996? That would indicate to me that there must have been more persistent breaches of employment law than that. I think it is absolutely fair to raise the limit of fine for an aggravated breach, but this will not be much of a deterrent to an employer if there is very little risk of detection. The Minister may not have the figures relating to how many companies have been inspected since 1996 and what that constitutes as a proportion of the total number of companies, but would he be so very kind as to write to me with the statistics that the Government collect regarding inspections and prosecutions for non-aggravated penalties issued since 1996, or whichever is the correct date of the legislation coming in?

A second welcome part of this SI is the extension of the right to a written statement to “dependent contractors” as well as employees. Here I would appreciate some clarification from by the Minister. I am taking “dependent contractor” to include individuals in the gig economy, but I was hoping for a little more in the explanatory notes. I would be grateful if he could write to me, or point me in the right direction, to help me understand a little better the issues facing dependent contractors. I do understand that the Government are consulting on employment status, and that there has certainly been a lot of controversy over the employment status of employees in the gig economy. Could the Minister inform the House what progress is being made on this?

The third provision was to lower the percentage requirement for a valid employee request for the employer to negotiate an agreement on informing and consulting employees, from 10% to 2% of the total. In his remarks, the Minister said that it was important to consult. I agree, but can he give a little bit of context on this, please? I am not sure if this is a very minor issue or, potentially, a big one. Could he give any examples of what employees might need to be informed and consulted on which they are not at present? The 2004 regulations, which originally imposed this application, related to employers with at least 50 employees. I presume that the same threshold number of employees would apply to this amendment. Can the Minister confirm this?

In conclusion, although the TUC felt that many more protections and issues should have been covered in these SIs, I think there is some good stuff in here. There is always a balance to be drawn between all the partners in any enterprise. More can always be done, and, as the economy develops, more will be needed, but I believe we are at least headed in the right direction.

[Baroness Gardner of Parkes (Con)]

My Lords, I raised the issue of care agencies earlier, regarding carers who do one hour in one place, one hour in the next and so on, all of them potentially quite far apart. There was a court decision, at a very high level, that they must be paid for their time travelling between places. I have followed this up, and have been told that, in general, they are not being paid. It is local authorities that pay for carers, but they do not seem to be paying them for this, which is very wrong, as there has been a court decision. Where in these regulations will this be covered? It seems highly relevant. I have had a great deal to do with the people who are not getting this money; when they point it out, their companies say they have no intention whatever of paying it. This is wrong since there has been a trial case. I hope the Minister can tell me where it will be covered in these regulations.

Holiday Accommodation

Baroness Gardner of Parkes Excerpts

Tuesday 19th March 2019 Lords Chamber

[Lord Henley]

My Lords, I note what the noble Baroness says. She will know that we review this legislation every five years, and are currently reviewing it. There is a call for evidence at the moment; no doubt she and others will want to feed into it, and we can then consider whether changes can be made.

[Baroness Gardner of Parkes (Con)]

My Lords, is the Minister aware—I am sure he is—of my interest in short-term accommodation? Rarely do the people letting such accommodation reveal their situation. Does he consider that comparing the quality of holiday accommodation—as is referred to in this Question—should include the issue of whether or not it is legal?

[Lord Henley]

I am aware of my noble friend’s interests in this matter. Her question is slightly wider than the one on the Order Paper, but I will ensure that her point about making sure that it is legal is taken into account.

Home Care Workers

Baroness Gardner of Parkes Excerpts

Monday 28th January 2019 Lords Chamber

[Lord Henley]

The noble Baroness is right to draw attention to transparency in pay packets, and I can give an assurance that legislation will take effect in April of this year for the first time entitling all workers to receive a pay slip. Where a worker is paid with a reference to time worked, the pay slip will now also detail the number of hours worked.

[Baroness Gardner of Parkes (Con)]

My Lords, I have personal experience of this through someone we helped eventually to get citizenship here—it took 10 years and was supported by other Members of this House—and she now works as a carer. I asked her about this issue following the court ruling that they should be paid for travel between appointments, and she said that the issue had never been brought up. I wrote her a letter pointing out that this was position, and she handed it into the agency that she works for. The agency immediately tore it up and said, “You have no right to discuss our affairs with anyone else”. To this day, she has still not had a penny for travel, even though most of her work is one hour at this place and then half-an-hour’s walk to the next. She is playing a valuable role, but the ruling of the court is absolutely ignored.

[Lord Henley]

My Lords, I did not want to comment on any individual case, but what my noble friend has said sounds completely and utterly wrong. As I have said, the law is clear. I recommend that my noble friend tells her friend to take advice from ACAS, which I hope would then recommend enforcement by HMRC.

Retail Trade: Online Suppliers

Baroness Gardner of Parkes Excerpts

Wednesday 28th February 2018 Lords Chamber

[Lord Henley]

My Lords, that is why we set up the CMA in 2013. That is why it has the powers it has and the ability to investigate abuse when it sees it.

[Baroness Gardner of Parkes (Con)]

My Lords, has the Minister seen the story in the paper about Airbnb wanting to become as big as, or bigger than, Amazon? If that happens it will obviously threaten all the high street tourist agencies, which have said that it would take over tourism completely. Will the answers he has given today apply equally to Airbnb, if it becomes half as big as Amazon?

[Lord Henley]

My Lords, again it is a matter for the CMA to look at that, but the Government will obviously keep these matters under review as well. These are social changes happening in the marketplace, and very often because that is what consumers want.

Product Recall

Baroness Gardner of Parkes Excerpts

Monday 23rd January 2017 Lords Chamber

[Lord Prior of Brampton]

Clearly, if we carry on selling products into the European Union—as we will—we will have to comply with the standards in the European Union, as we do in any other market in the world.

[Baroness Gardner of Parkes (Con)]

My Lords, I declare an interest in that my daughter has an interest in one of those flats that was burnt out in Shepherd’s Bush. She tells me that that could have been avoided by people just fitting a part—I think costing 10p—in front of the vent that was accumulating the dust. Suppliers of these white goods should be providing information about how essential it is to clean the filters.

[Lord Prior of Brampton]

My Lords, I bow to my noble friend’s expertise on the subject of laundry but there is no doubt that the instructions on these machines talk about cleaning the filters and removing the lint from the filters. That is clearly important. However, there is a problem in this particular machine that does require modification. There is no doubt that if everyone registered the product when they bought it, many of the recall problems that we are facing would be addressed. But only 47% of those who buy these tumble-dryers actually register the machine in the first place.