(4 days, 21 hours ago)
Lords ChamberPerhaps 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.
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.
(1 week, 6 days ago)
Lords ChamberMy Lords, I was not going to speak on this group but the noble Lord, Lord Barber, has painted a horrific picture of the impact of zero hours on some workers. For some people I know who have been on the receiving end of zero-hours contracts, sometimes it has been even worse. I know of people who have been required to turn up at work at 4 am for a shift and been sent home again at 5 am, so I know how bad this is. However, my noble friend Lady Verma makes a strong argument as to why just removing all the measures, which would happen by virtue of the Bill, would also have a detrimental effect.
So far, I have not heard from those on the other side a response to the argument put forward by my noble friend Lord Wolfson, which is that we have to find a way forward on this matter that addresses the employment rights issue, which the Minister has said is the purpose of this legislation, but also allows business to deliver the kind of economic growth that the Government are also saying is the purpose of the Bill.
The noble Lord, Lord Empey, is not in his place at the moment, but we have to take heed of the point that he made in the debate on the first group: we should not be in a situation where this is a stand-off. Hopefully, through some responsiveness and empathy from the Minister, we will find ourselves in a position where the Bill will not have a detrimental effect on business but will address the worst work practices, as described by the noble Lord, Lord Barber.
My Lords, I think I am allowed to come back in Committee. I want to respond to the noble Baroness, Lady Carberry, because I probably did not articulate terribly well what I was proposing. I certainly was articulating a right to request, but I was also assuming there would be an obligation to meet that request, given certain thresholds that the noble Lord, Lord Wolfson, was talking about. It would not be an option for the employer as long as the request was within those thresholds. I suspect that is not what the noble Baroness thought I was proposing, and I just wanted to set the record straight.
(2 months ago)
Lords Chamber