Lord Hannett of Everton Portrait Lord Hannett of Everton (Lab)
- Hansard - - - Excerpts

We can have a conversation about that at some stage. I thank the noble Lord.

Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
- View Speech - Hansard - -

My Lords, if I may, I will come back to the topic of this group. I too have an amendment in this group, Amendment 351. I am pleased to follow the noble Lord, Lord Hannett, and indeed my noble friends. I endorse a lot of what they have said and argued.

As I said at Second Reading, I have huge sympathy for those in public-facing jobs who have been subject to abuse and violent threats at work. Aside from such threats being unacceptable, I, like the noble Lord, Lord Hannett, understand the fear that they generate. Anyone at work on the receiving end of such a threat should at least be confident that the police will respond swiftly when they are in danger, or when an actual crime starts to be committed.

My instincts have always been to support Clauses 37 and 38, as I said at Second Reading. However, I find myself somewhat conflicted. Several noble Lords argued at Second Reading that existing provisions on assault are an adequate protection in law and that a special law for assault against retail workers was not needed. I thought these arguments were somewhat convincing. Having said that, to be absolutely clear, I have no desire to remove Clauses 37 or 38 from the Bill. I will continue before everybody thinks that I am going to do something radical, which will cause all sorts of upset.

The amendments tabled by my noble friends Lady Neville-Rolfe and Lord Blencathra to extend the protection to delivery drivers and some hospitality workers in some establishments highlight that, having started down the path of singling out just the retail sector, it is difficult to draw a clear boundary line. The noble Lord, Lord Hannett, has already said that he now wants to push it yet further.

As we know, the aggravated crime of assault against public-facing workers, which we added to the crime and courts Bill, included all industries and sectors. That was not focused only on the retail industry. I worry that the aggravated offence of assault, which covers everybody in public-facing work, together with this new offence of assault on retail workers, will create a somewhat confusing picture for people who are employed in public-facing roles but are not in the retail sector. I think here of people working in public transport, or in banks or post offices; there are all sorts of different categories.

This potentially confusing picture brings me back to my underlying concerns. First, we cannot afford to lose good people who are doing a good job, whether that is in shops, on public transport, or in banks or post offices, as I said. We think of the recent horrific incident on LNER the other Saturday and the railway worker who was heroic in intervening. We are very conscious now that a lot of people are in places of work where they are subject to real threats and abuse.

So I ask the Minister: what work have he and the department done to satisfy himself that any perception of two-tier protection for people in different public-facing roles will not have a detrimental effect on employees who may fear they are no longer as covered as some other people in other public-facing roles? If there has been any work on that, that would be helpful to know and understand.

Secondly, and in my view just as importantly, if not more so, noble Lords who were in the Chamber at Second Reading may have heard me argue then that one of the things that I feel are needed is for workers who are in charge of public spaces or places, whether they be commercial or public sector spaces, to be encouraged to be more active in upholding common standards of conduct that we should all have a right to expect of each other in public, the breakdown of which is adding to people’s despair. The sorts of things I am talking about here are litter dropping, feet on seats, watching videos or listening to music on phones without headphones, and queue jumping. That is the kind of activity that comes before we get to actual offences that sometimes are happening now, such as fare dodging, smoking or drinking alcohol on public transport where they are not meant to be, or even defecating in public. We need workers to have delegated authority, from their employer or their union, and from all of us in leadership positions, and have confidence that, along with them, we will do the same in upholding these important standards in public places. We need a collective effort to tackle what I see as a broken windows type of activity. If we keep allowing this kind of activity to be ignored, we are allowing the risk of escalated bad behaviour to continue, which could then lead to actual serious crimes.

While the various trade bodies are coming at this from their perspectives with a desire to protect their staff, and rightly so, we need to look at this through a much wider lens and see the bigger picture. As a consequence of that, it might be that the price we need to pay is expanding what some believe is an unnecessary new crime in the Bill, to include other workers and to match the terms of the aggravated offence in the Crime and Courts Bill.

As I say, this was a probing amendment—this is not me trying to introduce a new law—but I would like it if the Minister agreed to meet me, perhaps with my noble friend Lord Davies, to talk about this some more. I genuinely think there are potential unintended consequences to this that we need at least to be alive to. We should consider what more is needed to ensure that everyone who is in a public-facing role feels sufficiently protected, but also, if we are to tackle the behaviour that is leading some to feel that they can do things with impunity, and that then gives them the courage and confidence to go on to commit more serious offences, we need to be thinking about this in a very different and more innovative way.

Baroness Doocey Portrait Baroness Doocey (LD)
- View Speech - Hansard - - - Excerpts

My Lords, I have a lot of sympathy with many of the points made. First, we welcome the new protections introduced by Clauses 37 and 38. As legislators, we cannot stand by while so many people turn up to work every day expecting to face potentially terrifying abuse, threats and physical violence. This was brought home to me recently when a friend of mine went into our local Boots the chemist earlier this week in order to buy some headache tablets, only to find that practically every shelf in the shop was completely empty. When she spoke to the staff, they said, “Oh, it happens on a daily basis”, and they are so terrified that they just stand by and do nothing, because they are petrified that if they do anything or say anything they could be knifed. That is not in an area that is known for, to use the noble Baroness’s expression, “baddies”. It is in an area of London that is very safe. So that is really worrying.

--- Later in debate ---
Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- View Speech - Hansard - - - Excerpts

I am very grateful to the noble Baronesses, Lady Neville-Rolfe and Lady Stowell, and the noble Lord, Lord Blencathra, for their amendments. I should note—if not declare an interest—that I have been a member of the Union of Shop, Distributive and Allied Workers for 46 years now. That is a long time. I think it is worth noting that I have an interest in this matter. Indeed, I spent many years trying to raise this very issue when a Member of Parliament and outside Parliament before coming to this House.

I should also say at the outset that I am meeting the noble Baroness, Lady Neville-Rolfe, to discuss this matter, and am very happy to meet the noble Baroness, Lady Stowell, as well. I had a request from my noble friend Lord Hannett of Everton to meet him and the USDAW general secretary, Joanne Thomas. I am also happy to do that between now and Report; it may not be immediately.

Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
- Hansard - -

I would be very happy to join a group meeting rather than the Minister having to have several meetings with each of us. If there were to be third parties involved in a meeting, such as USDAW, I wonder whether he would also consider including the Institute of Customer Service. It is in a unique position—and I declare an interest as a vice-chair of the All-Party Group on Customer Service—as it looks at this across the board, and the letter it organised included signatories from a range of different industries.

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

We will reflect on that. It is a helpful suggestion, if colleagues are happy to have a joint meeting. I would also like to involve the Policing Minister, who has an interest in this matter as a whole.

I want to place on record my thanks to the noble Baroness, Lady Neville-Rolfe, and my noble friend Lord Hannett of Everton. They have campaigned very strongly as representatives of the supermarkets, in this case Tesco, and the workforce. My noble friend has campaigned for many years on this issue. Freedom from Fear is a campaign that Paddy Lillis, the previous general secretary, Joanne Thomas, the current general secretary, and my noble friend Lord Hannett of Everton, the general secretary before Paddy Lillis, worked on for a long time. It has been brought to them by members of the union as an important issue. It is worth putting that on record, and we can examine how we organise the discussion and consultation in due course.

Assault on anyone, including delivery drivers and transport staff, is wholly unacceptable. Everyone should be protected from assault. Under the Criminal Justice Act 1988, common assault has a maximum sentence of six months in prison and the Offences Against the Person Act 1861 covers serious violence, grievous bodily harm and actual bodily harm.

I come back to the reason why I have campaigned on this issue for many years. Retail workers have been at the forefront of upholding much of the legislation. They uphold legislation on solvent abuse sales, tobacco sales, knife sales, drink sales and a range of other issues. They are also very much the first port of call on shop theft and the issues that the noble Baroness mentioned. USDAW figures show that 10% of staff have reported a physical attack on them in the last year alone; that seems to me to be a very strong reason why the Government have brought forward this amendment. There is a wealth of evidence to back the position that there is a significant problem specific to retail workers because of the nature of that work.

Clauses 37 and 38 provide for the bespoke offence of assaulting a retail worker. They also place a duty on the courts when sentencing an offender to make a criminal behaviour order; shop theft may often be linked to drug and alcohol abuse issues as a whole. Our definition of a retail worker is intentionally narrow, given the vital need to provide legal clarity and ensure there is no ambiguity for courts in identifying whether an individual is a retail worker when impacted by their job.

The noble Lord, Lord Blencathra, mentioned the hospitality sector. This sector is specifically excluded, but if he looks at the definition of retail premises in Clause 37(3), he can see that it would be open to a judge to determine what might be included. For example, cafes might have stalls inside the shop, so that could be potentially defined as a retail premise as well. There is no specific offence, and I would not wish to extend it to the hospitality sector, but a judge could potentially interpret some aspects of hospitality being within the retail sector under Clause 37(3).

Crime and Policing Bill

Baroness Stowell of Beeston Excerpts
Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
- View Speech - Hansard - -

My Lords, I will focus on disorder in public places and spaces, which is having such a detrimental effect on our lives. In doing so, I will concentrate on Clauses 37 and 38, which create a new stand-alone offence of assault against a retail worker and build on the aggravated offence contained in the Police, Crime, Sentencing and Courts Act 2022. I support the two new measures in the Bill: I want to see violence against someone doing their job dealt with seriously. No one should be subject to random attacks while at work, and I should declare that, as a vice-chair of the All-Party Group on Customer Service, I do not want people who care deeply about giving great customer service to leave their jobs, or to deter anyone from taking up this kind of employment, which is essential and valuable to us in so many ways. I will say more about how in a moment.

First, however, the Institute of Customer Service tracking survey shows that violent abuse against all front-line service workers continues to rise. That means public transport workers, those who work in the hospitality trade, people who work in post offices and banks, delivery drivers and even utility engineers working on the streets. That is why the aggravated offence in the 2022 Act covers anyone, not just retail staff, providing a public-facing service or doing a public-facing job. I ask the Minister to say, when he comes to wind up, why the Bill’s stronger measures cover retail workers only.

All the people who do these public-facing jobs matter, not just because we need the services they provide but because, more often than not, they are the responsible person in charge of public spaces and places, so they need not just protection but our support to uphold our common standards, which are so important to maintaining good order and a civil society. That means that we must show respect for the authority of their roles in public settings, whether their authority in such situations is formal or informal. We need to give the people who do these jobs the recognition they deserve so they discharge their responsibilities well.

If we are to prevent violent criminal behaviour in public spaces becoming normalised, we must work together to tackle the low-level disorder and disrespect that we see on our streets, on public transport, in shops and elsewhere, which cause us to feel so despondent: litter dropping; feet on seats; watching videos or listening to music on our phones without headphones; queue-jumping; fare dodging; graffiti. Police presence on our streets is important. Rapid response from the police to actual crimes is vital, but we cannot keep creating new criminal offences and expect the police to deal with everything that has gone wrong in society. We as leaders, whether political, religious, business, public service or union, must use our authority to set, promote and honour the standards we know are vital for a healthy society, yet too often now treat as unimportant.

I would support expanding Clauses 37 and 38 to more than just retail workers for the reasons I have given, but I ask all the businesses, unions and trade bodies, which understandably want more legal protection for their workers, to think about what I have said. Likewise, we as legislators must do more than the easy bit of making new laws, as my noble and learned friend Lord Garnier said. Tackling crime and disorder through better policing and stronger sentencing is important, but on its own it is not enough. We need to share and promote what the good citizens of this country want and expect from each other in our shared spaces. That is how we will create the right conditions for people to support each other and together make it harder for people to behave badly and do wrong.

--- Later in debate ---
Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
- View Speech - Hansard - - - Excerpts

I am grateful to the almost 70 speakers in today’s debate. I start by declaring an interest on my own behalf. I am a member of the Union of Shop, Distributive and Allied Workers, and have been for 46 years. That will obviously have an impact on my view of the measures on shop theft and assaults on shop workers.

I am pleased tonight to have the broad support of HM Opposition and, indeed, the broad support of the Liberal Democrat Benches—with some caveats from both. I look forward to the noble and learned Lord’s amendments in Committee. I cannot give him a response tonight on those details, but we will have plenty of time to discuss that. In saying that, I note that the noble Lord, Lord Russell of Liverpool, the noble Baronesses, Lady Browning and Lady Fox of Buckley, and others mentioned the length of time for debate and the size of the Bill. Indeed, so did my noble friend Lord Hacking. We will have time for that, and it will be discussed through the usual channels. I look forward to a full and frank debate on this matter in due course.

The Bill deals with a number of key issues, and Members have talked about a theme in it. There are several themes in this Bill: making our communities safe, strengthening child sexual abuse prevention, tackling anti-social behaviour and knife crime and, dare I say it, supporting free speech—while at the same time ensuring that we have some measures on protests. The noble and learned Lord, Lord Garnier, the noble Lords, Lord Frost and Lord Vaizey, and indeed my noble friend Lord Hacking said that there is a mixture in this Bill, that it does not have a theme and that it is very large. It is a government programme, much of it based on a manifesto commitment. As my noble friend Lady Levitt mentioned in her excellent maiden speech from this Front Bench on a Second Reading debate, it is a manifesto commitment from the Government to do most of the things in this Bill, and therefore we are going to do most of the things in it, with the support of this House and the House of Commons.

A lot of issues in the debate have been about legislative proposals, certainly, but we have touched on neighbourhood policing, courts, speeding, police presence, speeding up justice, police numbers, et cetera. My noble friend Lord Mackenzie of Framwellgate mentioned that. The noble Viscount, Lord Goschen, and the noble Lord, Lord Sandhurst, talked about delivery, which is extremely important. Those things are not in the Bill, but they are extremely important matters that are before us today.

I shall concentrate, if I may, on what is actually in the Bill and the points that have been debated by noble Lords today. Let me start with respect orders and youth diversion orders, which were raised by the noble Earl, Lord Lytton, the noble Lords, Lord Davies of Gower and Lord Anderson of Ipswich, and the noble Baroness, Lady Kidron. Respect orders are a substantial new power that gives police and authorities effective levers to deal with anti-social behaviour. I know that the noble Baroness, Lady Fox of Buckley, made some criticism of them and I know that the noble Lord, Lord Marks, challenges them as well. We believe them to be an effective tool, and we will have a chance to debate that in due course in Committee.

Youth diversion orders are an important measure. I say to the noble Lord, Lord Anderson of Ipswich, that we will come back to them, but they are designed to help prevent terrorism and prevent people drifting into terrorism.

The noble Baronesses, Lady Doocey, Lady Stowell, Lady Hazarika and Lady Neville-Rolfe, and the noble Lords, Lord Herbert, Lord Sandhurst and Lord Davies of Gower, all raised the issue of shop theft. Shop theft is extremely important, and something we should not tolerate. That is why we are removing the £200 threshold, are putting a focus on it with policing and have encouraged police forces to tackle it. The measures that we are removing will send a signal. It is still for judicial discretion, but it will send a very strong signal—as will, on the issue of mobile phone theft, giving tracking powers for officers to be able to visit a premise straightaway. I look forward to debating them, but it is important to take action.

The issue closest to my heart in this Bill is that of retail workers and attacks on retail workers. The noble Baronesses, Lady Stowell, Lady Doocey, Lady Thornton, Lady Browning and Lady Fox, and my noble friend Lord Hannett of Everton contributed to this debate. This is a long-standing campaign, which is why I declare my membership of USDAW. When in the House of Commons I moved amendments on this issue over many years, and I appreciate very much the support of my noble friend Lord Hannett of Everton and the members of USDAW, along with the businesses—the Co-op, Tesco, Sainsbury’s and others—that have raised this issue. The new offence will put in place an obligation to ensure that those who uphold the law—which is what colleagues do in shops on solvent abuse, cigarette sales and alcohol—are also protected by the law. I hope that will have good support.

Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
- Hansard - -

Before the Minister moves on, will he respond to my question? Why have the Government decided to legislate only for that group of workers?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- Hansard - - - Excerpts

The argument I will put to the noble Baroness now is that shop workers are upholding the law on solvent abuse, alcohol, cigarette sales and other things. There will be representations on other areas, and we will examine those representations, but I really want to get this over the line after a long campaign. I hope that the noble Baroness will support those measures, whatever amendments she may bring forward.

There has been considerable debate around civil liberties from the noble Baronesses, Lady Jones of Moulsecoomb, Lady Chakrabarti, Lady Doocey and Lady Miller of Chilthorne Domer, the right reverend Prelate the Bishop of Derby, the noble Lord, Lord Strasburger, my noble friend Lord Cashman and others. We are making some changes, and we will bring some further changes forward, but the principle of this is that we are trying to ensure that we have freedom of speech and the right to protest, but that we also have the right to ensure that protest is managed in an effective way. There are responsibilities in protest as well as the right to protest.

We have looked at the question of the Vagrancy Act; the noble Lord, Lord Davies of Gower, mentioned that in particular. The Government have been clear that no one should be criminalised, which is why we are repealing the outdated 1824 Act. We are committed to a repeal of the Vagrancy Act once a replacement can be determined. I hope that clarifies that for him.

The noble Lord, Lord Hogan-Howe, among many other issues that I will come back to in a moment, raised the issue of policing and suicide. We are working closely with the National Police Wellbeing Service to examine that.

There has been a major debate from noble Lords and noble Baronesses on the question of child exploitation, child sexual abuse and the IICSA implementation. The noble Baronesses, Lady Grey-Thompson, Lady Hamwee, Lady Royall, Lady Benjamin, Lady Kidron, Lady Cash and Lady Finlay of Llandaff, the right reverend Prelate the Bishop of Derby, the noble Lords, Lord Hampton and Lord Faulks, the noble Earl, Lord Lytton, and others all raised and discussed that issue. We are going to have a big debate on this. We are trying to meet the IICSA recommendations. The Private Member’s Bill from the noble Baroness, Lady Grey-Thompson, stretches us a bit further. We will have a discussion around that. I hope that this Bill, at the end of its process in this House, will have achieved an improvement in child protection services as a whole.

We have also had a discussion around the big issue of abortion, raised by many Members: the noble Baronesses, Lady Spielman, Lady O’Loan, Lady Coffey, Lady Mattinson, Lady Hazarika, Lady Thornton, Lady Lawlor and Lady Monckton, the noble Lords, Lord Elliott of Mickle Fell, Lord Jackson, Lord Frost, Lord Farmer and Lord Hampton, and the noble Viscount, Lord Hailsham. There are different pressures on that: some want that provision taken out and some want it maintained. The Government will remain neutral on this matter and facilitate whatever Parliament agrees and settles on in the end. We will look at those issues, and the Government will have a free vote on that matter as a whole.

The issue of police misconduct and police vetting was raised very strongly by my noble friend Lady Lawrence, the noble Lord, Lord Mackenzie, and others, particularly in the light of the “Panorama” investigation we touched on in Question Time today. There are a number of measures in the Bill to support strengthening police vetting, and I very much welcome those and hope they will be looked at positively in the future.

Knife crime was mentioned by the noble Lords, Lord Hampton, Lord Clement-Jones and Lord Birt, and my noble friend Lady Lawrence. Again, the measures in the Bill are designed to regulate the supply of knives by people who wish to use those knives in a way that is not conducive to good behaviour and that causes death, misery and injury. We have to take those actions, and I think it is important that we do so.

There has been a lot of discussion around the issue of hate crime. First of all, I want to touch on the issue raised by my noble friends Lady Donaghy and Lord Cashman and the noble Baronesses, Lady Thornton and Lady Hunt of Bethnal Green: the aggravated offence. It was a Labour manifesto commitment at the general election. We are carefully considering now how best to amend the law to ensure the protected characteristics have that fairness. We will set out our conclusions later, during the passage of the Bill, but that commitment has been given and we will examine that in due course.

That leads me on to the question, a live issue for noble Lords, of non-crime hate incidents. The noble Lord, Lord Herbert, indicated very strongly what has happened in relation to the National Police Chiefs’ Council, and I am grateful to him for his support in giving the review on this matter. We have recently had discussions from the noble Lord, Lord Frost, and others in the House, including the noble Lord, Lord Young, about this matter, and we are going to have a debate about it, but I am hoping that the review that the noble Lord, Lord Herbert, has instigated will help colour whatever amendments are brought forward. The noble Lord, Lord Moynihan, mentioned it as well. It is important that we have that debate and discussion, but I want it to be influenced by the review from the National Police Chiefs’ Council, if noble Lords think that is appropriate.

A number of noble Lords mentioned the pornography review, and I am grateful to the noble Baroness, Lady Bertin, in particular for the work she has done on that. The noble Baronesses, Lady Owen of Alderley Edge, Lady Shawcross-Wolfson, Lady Kidron and Lady Sugg, the noble Lord, Lord Vaizey, and my noble friend Lady Donaghy all made contributions today on the pornography review. We are committed to taking any necessary action following consideration of the noble Baroness’s recommendations. We have committed to criminalising pornography that depicts acts of strangulation and suffocation in this Bill, and we will bring forward an amendment to that effect. Where we can, in relation to the recommendations of the noble Baroness’s report, we will take early action to undertake that as a whole.

The noble Baroness, Lady Sugg, mentioned honour-based abuse, and I am grateful to her—I was looking for her, and she was there when we started but has now moved over there. She called for a statutory definition of so-called honour-based abuse, supported by the noble Baroness, Lady Cash. We will work closely with the honour-based abuse sector to develop that statutory definition. We have given that commitment. I agree that it is vital that all professionals with safeguarding responsibilities have the right framework to identify victims and perpetrators, and I will be looking at that during the passage of this Bill.

The noble Baroness, Lady Owen of Alderley Edge, mentioned spiking. It is an important measure and, again, I will reflect on the points she made in this discussion.

I was pleased by the welcome from the noble Lord, Lord McColl of Dulwich, for the measures on cuckolding—

Lord Londesborough Portrait Lord Londesborough (CB)
- View Speech - Hansard - - - Excerpts

My Lords, I will speak to Amendment 63. I agree that the impact of Clauses 1 to 8 will be especially felt by these three sectors: hospitality, retail and social care. But, to be frank, I would not stop there; I advocate expanding this impact assessment, not only to small businesses and micro-businesses—noble Lords would expect me to say that—but to all key sectors in the economy. There will be huge employment variations sector by sector, and they need to be analysed and understood. As we keep hearing, one size does not fit all—although the Bill has a different view on that—and we have the issue of “mind the gap”.

Two other industries that certainly deserve such assessments are the creative industries, which we will debate on another day, and the gig economy. Some very disturbing numbers are already coming out of membership surveys from bodies such as the Federation of Small Businesses and the Institute of Chartered Accountants. I will share two bits of data from the ICAEW’s latest quarterly business survey for the first quarter of this year. It says that 53% of its members expect that the Bill will

“reduce their plans to hire permanent staff”,

and that 40% anticipate greater use of outsourcing because of the Bill—that is a very significant number.

What does this mean? It means—it is already happening—that employees will be coming off payroll and going into freelance and self-employed roles. We have an amendment coming up in many days’ time, or probably weeks; I will not read out the names of my noble friends who are behind it, but it is Cross-Bench and Liberal Democrat-sponsored and relates to the establishment of a freelance commissioner office. I think the Government may have very little choice on this, because the demands for the services of that office are going to go up exponentially, partly because of this Bill and also because of the national insurance contributions Bill. I will not repeat all those arguments.

I come to the second unforeseen consequence—although, frankly, these are not unforeseen, are they? They are foreseen. We can actually say with some certainty that the Government are encouraging the offshoring of jobs from the UK. This trend has been going on for decades, but is it really the objective of the Government, particularly for lower-paid and entry-level roles, to see a percentage of those jobs going off to countries such as India, Vietnam, the Philippines, Romania or Moldova? I am not against offshoring, but I think you have to be very careful about being seen to be encouraging it, and I believe the Bill is guilty of that.

On the assessment, which we hope will happen, the area that should be looked at in greatest detail is the impact on part-time jobs. We have heard already about the young graduates and students, but I will speak up also for older workers. Those of us here who sit on the Economic Affairs Committee—I see the noble Lord, Lord Davies, here—will be aware that we are conducting an inquiry on the economics of an ageing society. If the Government are to achieve their noble objective of raising the economic activity rate from 75% to 80% across all age groups, they will have to tackle the 50 to 70 year-old cohort.

In order to get people back into work, not just those who took premature retirement but those who have been on benefits for a long time, we will have to be far more flexible about creating part-time work, and I am afraid that the Bill is likely to deter the creation of part-time roles. So that is another area that I believe the impact assessment should be looking at, which is not just by sector but by type of job.

I am told by my friends in the recruitment industry, if I can call them that, that there is already a shift in hiring from permanent to interim, and that trend started at the beginning of this year and is accelerating. Again, national insurance contributions have pushed employment in that direction and the Bill threatens to do the same.

My final point, talking about assessments, is that HMRC may well want to conduct one to discover that its projected national insurance contribution tax revenues will, as a result of the Bill, take a significant hit as employees start being taken off payroll and moved into self-employed, part-time or even offshored roles.

Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
- View Speech - Hansard - -

Perhaps I might intervene briefly on this group. I support Amendment 63 but, like the noble Lord, Lord Londesborough, I wonder whether it is too modest in scope. As I said when I spoke on the last day in Committee, I am sympathetic to the kinds of effects that zero-hours contracts or some of the different kinds of practices that we see now have on employees in these businesses, which are often at the lower end of the pay scale.

However, I am very struck, by listening not just to this debate but to the debates on the various different things that we have been discussing this afternoon, that what we do not seem to be taking account of—or rather, to be more specific, what the Government do not seem to have taken account of in bringing forward this legislation—is that a lot of the practices that they are trying to remove or mitigate are the consequence of other things that have been introduced in the past which have been well intentioned in support of low-paid workers but are now creating other things. For instance, although it is going back some time now and various other things have happened since, I think about the arrival of tax credits when Gordon Brown was Chancellor. That led to people wanting to reduce their contracted hours because of the impact on their various benefits.

So when I hear people say that some of these measures—or, rather, the removal of some of these practices and various other things in the Bill—start to disincentivise people either being offered more hours or whatever, I worry that, given the way in which the Bill has been introduced and what feels like inadequate assessment through the proper stages—Green Paper, and all that sort of thing—we are creating yet more problems, which will then lead to the need for yet more legislation, which will never get to the heart of what we are trying to do here, which is to create an employment economy that is fair for employees and people do not feel that they are being exploited but have the flexibility that they need, and where employers, too, have the freedom and independence that they absolutely need to be able to employ workers and grow their businesses to contribute to the fundamental agenda, which is a growing economy that is fair to everybody concerned.

Lord Fox Portrait Lord Fox (LD)
- View Speech - Hansard - - - Excerpts

My Lords, this is another one of those divided-off groups. I am going to speak to impact assessments and reserve what I say on tribunals for the next group. There is a danger when talking about the existence of and the need for impact assessments that we start providing our own impact assessments. I am afraid that many of your Lordships fell into that trap. I will try to avoid it, so I will not be commenting on what should be in an impact assessment; I will be commenting on why we need improved impact assessments. Some of the Government’s amendments have already been debated. I was not able to be here during that part of the process, but, on reading the debate, I saw that it further illustrated that, with each layer of new amendments, changes are coming to the Bill and complications and reflections are being added.

The noble Lord, Lord Hunt, before he gave us his impact assessment, made I think his most important point, which was to bring up the findings of the RPC on the existing impact assessment. That is before all the changes that have come and before the Bill changed substantially between the Commons and your Lordships’ House, and therefore, unscrutinised to this point. I am very much in the camp of the noble Lord, Lord Londesborough: if we are going to redo an impact assessment, we should do it properly. We should go back and produce one that is meaningful, that the RPC can endorse and that we can use meaningfully in the next stages of this Bill.

I am not sure how many of your Lordships worked on the then Professional Qualifications Bill. I suspect that the noble Baroness, Lady Neville-Rolfe, may at least be one. Sometimes the then public procurement Bill is used as an example of Bills that come half-baked—or, in that case, not even in the cooker—but actually the best example is the Professional Qualifications Bill. That Bill differed from this one in that it started in your Lordships’ House, but it came to your Lordships’ House full of things that needed to change, full of drafting points and full of extensions and amendments, and the noble Lord, Lord Grimstone, who was the Minister, stood where the Minister is today and said, when we came to the end of Committee, “Well, my Lords, it is clear that we have to take this Bill on a holiday”. And that is what he did. He took it away for four months and came back with a Bill that was properly drafted. The “i”s had been dotted and the “t”s crossed and we were able to make a reasonable piece of legislation to pass to the Commons for its work.

We have some time. This is a flagship Bill. It had to be introduced within 100 days because that is what the Government told the world. I understand that. But it is very important that we get this right. The Minister should start thinking about vacation plans for the Bill between Committee and Report, so that things such as the impact assessment can be delivered to your Lordships’ House. Those of us who want the Bill to succeed will then be sure that it has a chance to succeed.

Police Reform

Baroness Stowell of Beeston Excerpts
Monday 25th November 2024

(1 year ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- View Speech - Hansard - - - Excerpts

We are trying to reset the relationship between central government and the 43 police forces. That resettlement includes a £0.5 billion boost to policing generally; a new standards authority; £264 million announced up front to help support police to deliver good services; a settlement in December which I am not at liberty yet to talk about, because it is right and proper that we announce that to both Houses in December; and a range of new powers on anti-social behaviour, shop theft and violence against women and girls to set the tone that we need to take action on serious organised crime, violence against women and basic neighbourhood policing issues such as shop theft. I hope that will reset that relationship and I will be held to account by this House and others in doing so.

Baroness Stowell of Beeston Portrait Baroness Stowell of Beeston (Con)
- View Speech - Hansard - -

I refer back to the question asked by the noble Baroness, Lady Fox of Buckley. Might the Minister wish to reconsider his reaction that a legitimate question about the sanction of the British Transport Police of transgender officers being able to conduct intimate searches of women was a suggestion that she was casting any kind of aspersion on trans people?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
- View Speech - Hansard - - - Excerpts

I will reflect on what the noble Baroness has said, and on what the noble Baroness, Lady Fox of Buckley—in the county of Flintshire—said about that issue, and I will write to both of them. There might be a need for some guidance, but the key point I am making is that we have to recognise that trans people can fulfil roles in policing and should be encouraged and supported to do so.