Retail Sector

Debate between Bill Esterson and Drew Hendry

Wednesday 6th June 2018 Commons Chamber

[Bill Esterson]

Indeed; as my hon. Friend the Member for Bishop Auckland also said in the debate, there is no such strategy.

In the response to the urgent question on Marks & Spencer on 24 May, the Minister for Energy and Clean Growth, the right hon. Member for Devizes (Claire Perry), said that the Government had set up a new Retail Sector Council, but why has that taken so long? Why did it take eight years to create that council? What is needed now is action. Business rates are a huge fixed cost for businesses in our high streets, and that is a disadvantage that their larger online-only rivals do not have to contend with. The Under-Secretary of State for Business, Energy and Industrial Strategy, the hon. Member for Burton (Andrew Griffiths), will no doubt say that there have been changes to business rates, but those changes have made matters worse for many businesses, particularly smaller ones. Last year’s revaluation resulted in an average rates increase for smaller shops of £3,363 over the next five years.

The Government commissioned Mary Portas—remember her?—to tell them how to re-energise high streets. How is that going? Not so well. Her report recommended cuts to business rates, not the massive hikes that so many are experiencing. Meanwhile, ASOS reports its profits going up 26% while its rates bill fell by £30,000. Rates rises for our brilliant independent retailers alongside rates cuts for the multinational online retailers are hardly the stuff of fair competition or a level playing field. There was very little in the Secretary of State’s opening speech about independent retailers, yet smaller firms in all sectors, including retail, are crucial to the future economic success of this country. The Association of Convenience Stores has stated that

“the cost of business rates remains too high”.

And what about the fact that investors in retail are put off by the high cost of business rates? The Government should be doing so much more to ensure the right balance between high street, online and out-of-town retail, and we need to see that happening in the sector deal when it comes forward.

That brings me to the retail workforce. There are 2.9 million people working in retail and the sector is worth £94.6 billion to the economy. It is where many people develop their first experience of the world of work, and it is often the source of good-quality employment in businesses large and small, but the pressures on retailers are starting to show. We have seen job losses at Toys R Us, Maplin, M&S, Conviviality and maybe now House of Fraser, and CVAs and profit warnings at many others. We have seen 21,000 jobs go in the first three months of this year alone, and cuts in pay and conditions at companies such as Sainsbury’s, which has ended paid breaks and premium pay. Yes, there has been a rise in the hourly rate, but it has been offset by cuts in workers’ rights, adding up to a pay cut for too many people.

Ministers could and should be working closely with campaigning unions such as USDAW, GMB and Unite, which are doing such a good job on behalf of workers’ rights and on campaigns such as Freedom from Fear. It is in the interests of responsible retailers and of the whole economy for the Government to play their part in ensuring that workers are treated fairly. A high-pay economy is good for workers, but it is also good for business because workers are also consumers who buy goods and services from retailers. It makes economic sense to prevent the exploitation of workers, not least in the large distribution centres. It was simple complacency for the Minister for Energy and Clean Growth to imply in her answer to the urgent question on 24 May that M&S staff could just go and work at Amazon, complete with its airport-style security and unpaid toilet breaks.

I am afraid that it was also simple complacency for the Secretary of State to say earlier that retail employment was going up. There are 2,500 fewer retail stores than there were three years ago. According to the Office for National Statistics, 40,000 fewer staff were working in retail in 2016 compared with 2015. The British Retail Consortium says that its figures show from 2015 to 2017 the number of jobs fell by 73,000. Meanwhile, the average hours worked in January to March 2018 were 30.2 a week, which is a fall of 30 minutes on the previous year.

Those figures are a cause for concern, not complacency, and are indicative of an overall decline in retail employment. The Government should be doing so much more to improve productivity. As in other sectors, it is true in retail that skills and investment in infrastructure and new technology are the keys to better productivity, and that needs to lead to better-paid jobs as well as more profitable businesses. My hon. Friend the Member for Salford and Eccles (Rebecca Long Bailey) set out some ideas for how to boost pay. The British Retail Consortium has its “better jobs” agenda, and I refer the Business Secretary and the Under-Secretary of State for Business, Energy and Industrial Strategy to its excellent report. Productivity gains from cuts to workers’ pay and conditions or to the prices paid to suppliers are short term and characterise the lack of economic progress under the Government, not least in retail.

That brings me to our relationship with the outside world. Frictionless trade is vital for the import of perishable goods. It is vital for the supply chain in the car industry, where components cross the border multiple times. Car retailers need certainty, as do our supermarkets, because 79% of food is imported by retailers. Certainty is needed for retailers to plan for the trading arrangements post Brexit. Arrangements at the Port of Dover, Holyhead, Liverpool and across the country will play a huge role not only in business life, but in daily life, and retail is one of the sectors that most affects daily life.

Warnings of empty shelves need to be heeded. Consumer choice will be badly affected—dramatically so—if border arrangements are adversely affected. The Government’s failure to confirm their preferred negotiating position with our European partners is causing real problems. Many retailers rely on foreign workers. It is not just the highest-qualified EU workers who need assurances that they are welcome in this country. Workers in lower-paid sectors, including retail, need the same assurances and so do businesses. Some 22% of retailers report that foreign workers have left since the referendum. It is time for clarity.

[Drew Hendry]

Will the shadow Minister give way?

[Bill Esterson]

No.

The Government need to make up their mind, stop negotiating with themselves and start negotiating with the EU for a deal that puts jobs and the economy first and that is not just in the interests of a handful of extreme Brexiteers in the Conservative party. Let us have a proper sector deal that sees action, not just words. Let us see the Government make a proper commitment to retail. Three mentions of the sector in a White Paper do not inspire confidence in the Government’s commitment to retail businesses or workers.

Let us have a deal with thriving town centres, not crippled communities, and one that addresses the concerns of the British Retail Consortium, which describes a sector in stasis, where vacancies are going up. Let us see a deal that reverses the long-term decline. Let us see proper business rate reforms that include the switch to CPI-measured inflation, encouraging innovation and growth, that exempt new investment in machinery from valuations and that ensure businesses can access a proper, comprehensive appeals process. We need a deal that has smaller independent retailers at its heart and one that supports retail by investing in skills, in education and in an immigration system that brings in the skills this country needs. We want a deal that takes on board Labour’s plans for a catapult centre for retail, that listens to the views of employers and unions and that promotes the best outcomes for workers, communities, consumers and businesses.

Pubs Code 2016

Debate between Bill Esterson and Drew Hendry

Wednesday 24th January 2018 Westminster Hall

[Bill Esterson]

I will pass on that message from the Minister.

Given that I follow the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry), I will point out that my constituency includes the oldest pub in Lancashire, the Scotch Piper Inn—there is a link there of some sort. We have three microbreweries and two micropubs, the Beer Station and the Corner Post. The hon. Member for Strangford (Jim Shannon) made a good point about the importance of pubs as community hubs, and I agree with his other comments about the need for accountability in the implementation of the code.

My hon. Friend the Member for West Bromwich West set out the key issues with his usual forensic accuracy, and he mentioned the concerns about the appointment and continuation in post of Mr Newby. I raised concerns about conflicts of interest in the debate two years ago, and such concerns have continued. Sadly, the predictions about Mr Newby’s difficulty in obtaining the trust of pub tenants have been all too well demonstrated. The cases against him by the Chartered Institute of Arbitrators—that he has continued to arbitrate and has not accepted the decision, and that he is in breach of the code of conduct for a body of which he is a member—have not helped, and they continue to give the impression that all is not well with the implementation of the pubs code.

My hon. Friend the Member for Chesterfield (Toby Perkins) was modest in not mentioning his role in securing cross-party agreement on amendments to the Small Business, Enterprise and Employment Bill in 2015. The cross-party agreement had a lot to do with his work, as well as that of Greg Mulholland and other Members across the House. We had the insertion of the market rent only option, but the delivery of that is missing, as is any assurance on the intention that tied tenants should not be worse off than they would be if they were free of tie. My hon. Friend made those points extremely well. As he said, it is vital that we make this work. That is why it is so important that we are having this debate.

I will go through three points for the Minister, who I welcome to his new role. His brief is interesting and exciting, and it is important for many people across the country. I hope he is able to get to grips with the real challenges and concerns that remain. Three questions have been brought to my attention in preparing for this debate. They have been covered, but I will attempt to summarise them. First, the Government may make the point that the code is complicated and will take time to bed in. That is true, but it is overly complicated and completely unnecessarily so. As other Members have said, that complexity has allowed pub companies to use their resources and their power in the relationship—my hon. Friend the Member for Chesterfield made this point—to make it difficult for pub tenants to challenge them and achieve the fair market approach that they should be entitled to. Because of the size of the legal bills, it is simply not possible for pub tenants who attempt to use the code to come up with the necessary resources.

The second point that the Government may make is that the Pubs Code Adjudicator, through the Government, was not prepared for the huge take-up. Few staff were in place at the start, and there was a delay in putting in place a deputy adjudicator, despite the overwhelming evidence of abuse. There were 15 years of inquiries by Select Committees, as my hon. Friend the Member for West Bromwich West set out in his opening speech. The system was not set up in the right way, and it should have been.

The third point that the Government may make is about whether there has been an improvement in the financial balance between the pub-owning companies and pub tenants. Ballpark figures suggested to me are that a pub company would typically earn £90,000 from an average pub, which possibly breaks down to £20,000 in rent and £70,000 from tied products. The tenant earns just £10,000. Because of the process, the delays and the inaction from the adjudicator, it is difficult to do anything about that; but for those who try, there has been something of a change, as my hon. Friend the Member for Chesterfield alluded to. There may be a slight improvement, with a £5,000 or £10,000 reduction in the rent and an increase in the tenant’s income to £15,000 or £20,000, but that is still not a realistic living wage for someone running a pub, and the pubco is still earning £80,000 or £85,000.

The point is that legislation was supposed to leave the tenant no worse off than they would be if they were free of tie, not marginally better off than poverty levels. That is the point being made by the campaigners. I pay tribute to all the campaigners who have lobbied so hard over the years—including for this debate—advocating for pub tenants. I include in that Liverpool CAMRA, which has been in contact with me a number of times over the years.

On their own, the three areas that I have set out are grounds for the Minister in his new role to make an early commitment, today or after he has considered the debate, to carry out a proper review of the application and implementation of the pubs code and how the adjudicator is operating. If he can address that and the other points made by my hon. Friends, we will make some real progress.

I am tempted to say—so I will—that the right hon. Member for Chipping Barnet (Theresa Villiers) demonstrated a certain failure by a Government of which she was a member for some years to support a pub in her constituency. I can assure her that the next Labour Government will stand up for pub tenants in a way that so far has not happened under this Government, and that will not happen unless they make the changes touched on in this debate. I was grateful to the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for pointing out that in Scotland, Labour is at the forefront of introducing a pubs code north of the border.

[Drew Hendry]

It is a cross-party position.

[Bill Esterson]

Well, there is a Scottish Government of one minority party. Perhaps they will learn from what has happened here and get the implementation right.

We want to hear from the Minister, so I will make only a few further remarks. Tenants’ experience has revealed the process to be drawn out and complicated. Many have to turn to professional legal support, which is expensive and time-consuming. Most worryingly, there have been suggestions that the pubcos are knowingly gaming the code to make it more difficult for tenants to achieve market rent only. That essential plank of the pubs code sought to redress the balance between pubcos and pub tenants.

The adjudicator’s own independent report on the allegations suggested that pub-owning businesses may be operating the code in a way that makes it hard for tied pub tenants to access their MRO rights. It revealed the shocking lengths to which some pubcos go to wear down tenants, including intimidation, bullying and antagonistic, delaying and frustrating behaviour. Tenants are often given terms that make MRO appear as unattractive as possible, such as being arbitrarily forced to provide six months of MRO rent up front. Some pubcos have refused to allow the deed of variation of lease, thus forcing tenants who want MRO to agree a new lease under unfavourable terms. That is pretty damning. I give credit to the adjudicator for carrying out that review, but it is what he does with it and how quickly he acts that matters.

There is identified failure in the full implementation of the code, and Parliament’s intentions have so far not been followed. I look forward to hearing what the Minister has to say, and I thank Members for their comments. I hope he can give us a proper assurance that there will be the action that is needed, and not just words.