Retained EU Law (Revocation and Reform) Bill

Jim Shannon Excerpts

Thursday 11th May 2023 Commons Chamber

[Kemi Badenoch]

I have a very strong message for them. My hon. Friend can tell his constituents that the Prime Minister is a committed Brexiteer, the Secretary of State for Business and Trade is a committed Brexiteer, and we are making sure that we can deliver this on time but actually show the benefits of Brexit, not just parliamentary procedure and legislative activity. That is not the outcome that is going to be delivered for the country, it is the process. This urgent question has shown that quite often, we spend too much time on process and not enough on outcomes. This is an outcomes-focused Government, and that is why I have made this change and why I will deliver for my hon. Friend’s constituents.

[Jim Shannon (Strangford) (DUP)]

It would seem that there can be movement regarding decisions on EU laws when this Government see fit. Can the Secretary of State outline whether this symbolises a change in policy that will enable the final work on getting the protocol solutions finalised, in order to enable business and trade and allow everyone in Northern Ireland—Unionists as well as nationalists—to operate on an equal footing with those on the UK mainland?

[Kemi Badenoch]

I can reassure the hon. Gentleman that this is not a change in policy: it is a change in approach, using a schedule to list exactly what we are removing. The purpose of the Bill was to remove EU law, and as the process was changing to one of preservation, we have just changed the approach slightly to make sure that we can conclude when we want to conclude, which is at the end of this year, and focus on reform. We are very pragmatic; we continue to listen to voices across the House and across the country. Many of the questions that the hon. Gentleman has raised are for my colleague the Secretary of State for Northern Ireland, but he will know that if he comes to me with a problem, I will always endeavour to solve it.

In-patient Abuse: Autistic People and People with Learning Disabilities

Jim Shannon Excerpts

Tuesday 18th April 2023 Commons Chamber

[Barbara Keeley]

I thank the right hon. and learned Gentleman for his intervention. That is very much the sentiment I will be expressing in this debate tonight, but I would go further and say we cannot just accept continual targets. I will remind Members that the original target was to reduce to zero the number of people in inappropriate in-patient units, and I shall say that that is the target we should get back to.

As I said, I would like to begin with the experiences of two young autistic women who were detained in in-patient units commissioned by the NHS. Their stories were told recently in a powerful Channel 4 “Dispatches” programme, on which they and their families spoke with immense bravery about the abuses they faced. I encourage all Members to watch it.

Amy is a 22-year-old autistic woman who was, until recently, detained at the Breightmet Centre for Autism in Bolton, run by ASC Healthcare. The unit is supposed to provide care tailored to the needs of autistic people that would not be available on a general psychiatric ward. While she was detained at the Breightmet Centre, Amy said that her eating disorder actually worsened and that “it’s all about punishment”, not treatment. Amy reported that not a day went by when staff members did not use restraint and that the threat of violence was used to make patients conform. She said:

“They’ve chucked me about…they will nip you, they have pulled my hair out, they will push your wrists down. When I tell them it hurts they do it more”.

After staff at Breightmet were told that Amy had spoken out in the Channel 4 documentary, they took her phone away from her. When she got it back, she sent photos of dark bruises covering her arms.

Amy was moved to a different hospital and the Care Quality Commission has taken further enforcement action against the Breightmet Centre, stating that

“if there is not rapid, widespread improvement”

it

“will start the process of preventing the provider from operating the service.”

The CQC reports there are still 12 patients at the Breightmet Centre, and I am deeply concerned that they may be having similar experiences to the abuse suffered by Amy. It should not have taken a TV programme for the CQC to take action, because the Breightmet Centre has been placed in and out of special measures since 2019. Amy had to return there even after the CQC rated it as inadequate in 2022—it was rated not safe, effective, caring or well-led.

Danielle is another young autistic woman who told her story to the Channel 4 “Dispatches” programme. Like many autistic people admitted to in-patient units, Danielle has spent not weeks or months but years detained. In one unit she was 320 miles away from her family. Her mother Andrea reported that Danielle had lost half her life—13 years—spent in hospital in-patient units. While she was held at the Littlebrook Hospital in Dartford, Danielle was placed in solitary confinement for 551 days—more than 18 months. She was locked in a room with just a mattress on the floor and drugged heavily. According to the UN’s special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, confinement lasting for more than 15 days and lacking meaningful engagement constitutes torture. Danielle endured that for 551 days, a punishment not even inflicted on violent criminals. Yet Kent and Medway NHS and Social Care Partnership Trust paid to impose that treatment on a young woman whose only offence was to be autistic in a society that does not understand or support that diagnosis.

Solitary confinement in those units is so commonplace that data on the practice is collected and published by NHS England and broken down by the kind of restraint used, from chemical injection to prone physical restraint and seclusion. From those datasets we can see that more autistic people and people with learning disabilities are held in solitary confinement now than three years ago. That is a failure of care, and people such as Danielle are paying the price.

Danielle’s story gets even worse. Her mother Andrea told the “Dispatches” programme that during her stay at Littlebrook Hospital, Danielle was taken by staff members to areas away from cameras. She was then molested and raped. That is no isolated incident. Further investigation by the “Dispatches” team found that 18 reports of sexual assault and 24 reports of rape at Littlebrook Hospital were made to the police between 2020 and 2023. No charges have been brought in any of those cases to date, including Danielle’s case. The programme later showed Danielle on a ward in a general hospital being surgically fed through a tube, because she is now refusing to eat. Danielle’s mother said:

“After 13 years of trauma and neglect, she can’t see an end to it, so she’s been starving herself. She just wants this to stop.”

As the Minister hears these stories and listens to the words of those parents speaking out, I wonder whether she really believes that the right support is being given to autistic people. I hope that she can pledge action to help Danielle. I understand that Danielle needs housing so that she can move back to the community with support. Will the Minister look at her case, to avoid Danielle being shifted from facility to facility? Her life seems to be at risk. I have discussed the case with the family’s MP, the hon. Member for Maidstone and The Weald (Mrs Grant).

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Member for Worsley and Eccles South (Barbara Keeley) on bringing this subject forward. She has outlined two tragic and poignant cases, and I commend her on the respectful way that she has done so. In Northern Ireland, the Muckamore inquiry recently brought to light the abuse of people in care. I had a mother in my office whose heart broke when it happened to her child. Some 2,045 people are detained in in-patient settings, and a lot of families only want the best for their loved ones. Does the hon. Lady agree this problem does not just pertain to the individual but affects the entire family circle? That is the wider aspect that we need to look at.

[Barbara Keeley]

I very much agree. What the hon. Gentleman says is true; I have seen many reports from Muckamore and I know that there are similar issues. It is desperate for the parents and the families because they rightly sought help for their children, but they ended up being abused and their lives are ebbing away—particularly those with eating disorders, who are not getting the support that they need.

The truth is that the abuses experienced by these two young women have been mirrored in similar scandals across the country. There was a toxic culture of abuse at the Edenfield Centre, revealed by BBC “Panorama” last September. There were the preventable deaths of three adults with learning disabilities held at Cawston Park hospital, who were subjected to torture and neglect, including the appallingly named “crucifix restraint”. At Cygnet Yew Trees hospital, staff members were arrested after reports that they kicked, slapped and dragged around the autistic women and women with learning disabilities being held there. Before that was the BBC “Panorama” exposé of the scandal at Whorlton Hall, which I cannot discuss in any detail due to ongoing legal cases.

All those reports were preceded by the scandal at Winterbourne View, revealed by BBC “Panorama” in 2011. Members will remember the scale of the outcry when that programme was broadcast. There was a feeling then that something might change. I remind the Minister that the coalition Government actually committed to closing all inappropriate in-patient beds for autistic people and people with learning disabilities by 2014.

At one time, reports and investigations into the scandals gave rise to the hope of change, but despite the relentless efforts of journalists, charities and activists, the criticisms reported in the CQC’s inquiry into Winterbourne View all that time ago are as true today as they were 12 years ago: there is a

“systemic failure to protect people or to investigate allegations of abuse”.

Each of the scandals I have outlined across the decade, from the events at Winterbourne View to those at the Edenfield Centre, shows striking similarities. I encourage Members and the Minister to read the safeguarding adults review on Whorlton Hall and to decide whether anything has changed since the inquiry into Winterbourne View, despite all the promises of action.

More recently, we seem to have entered a phase of total apathy. Each scandal that hits national TV or the press results in a more muted and defensive response from the Government. As calls to address repeated failed targets grow more desperate, less and less appears to be happening to rectify the situation.

In February, NHS England quietly published a report analysing 1,770 individual reviews of the care of autistic people and people with learning disabilities, including children, who were detained in in-patient services. The report was commissioned following the tragic deaths of Joanna, Jon and Ben at Cawston Park. It found evidence of high levels of restrictive practice, that people’s medication was not always reviewed in a timely way and that more than half the people were being detained a long way from home. Most concerningly, the report found that 41% of people did not need to be in hospital at all. NHS England stated that many people could not be discharged because there was no adequate care provision in the community and because staff did not always have the training necessary to support people’s transfer from hospital. These findings are a deplorable indictment of the Government’s failure to act.

We are now 13 years on from the inquiry into Winterbourne View and not a single Government target to reduce the use of in-patient beds has been met, as referred to by the right hon. and learned Member for South Swindon (Sir Robert Buckland) in his earlier intervention. After the coalition Government’s ambition to close all in-patient beds by 2014, a succession of watered-down targets have been announced over the years, none of which has been met. As the right hon. and learned Member said, the goal is now to close 50% of in-patient beds by March next year, but it looks impossible for the Government to meet even that much-delayed target. The latest data indicates that bed numbers will reduce not by half but by around only a quarter in 2023, compared with the 2015 benchmark.

Over the last three years, even the meagre progress made earlier has stagnated. The number of autistic people and people with learning disabilities in mental health hospitals has actually increased since the publication of the Government’s Building the Right Support action plan last July, which was meant to drive cross-Government action.

There is also a problem with the data itself, whereby data for past months is retrospectively amended, sometimes by quite large margins. That makes it difficult to understand with any accuracy how many people are being detained. Getting the data right really matters. When the risk of abuse is as high as the evidence suggests, it is a dereliction of duty to have so much variation in data collection. How are the Government supposed to measure progress when the targets keep shifting?

A similar story can be told when it comes to financial investment in the Building the Right Support agenda. The Government’s own review from last summer stated that

“the limited ability to analyse financial data…to provide a national perspective is a significant barrier to the effective oversight and management of the BtRS programme overall.”

An answer to my written parliamentary question confirmed that the Department of Health and Social Care did not hold data on how much money had been spent on developing community services for autistic people and people with learning disabilities, either since 2015 or since the Winterbourne View scandal in 2011. The data that was provided instead of the data I asked for showed that investment in community services had actually fallen between 2021-22 and 2022-23, from £62 million to £51 million, and that funding for discharging long-stay patients has remained frozen, despite the fact we now have rocketing inflation, meaning soaring costs to providers. That financial picture is clearly unacceptable.

In her response, the Minister may want to point to the draft Mental Health Bill. While the draft Bill includes some provisions to address the detention of autistic people and people with learning disabilities, concerns have been raised by charities that the Bill must be significantly strengthened if it is to achieve its aims. There are also concerns that the Bill will take years to come into force and will not end the scandal on its own, without urgent investment in both social care and mental health services.

In the meantime, last year’s Building the Right Support action plan is woefully inadequate. Not only was it published a full 11 years after Winterbourne View, but it is vacuous, it is unambitious and it has been derided by organisations working in the sector. I believe that to call it an action plan is absurd. Instead of a fully funded strategy for caring for people at home rather than in hospital, the Government have established the Building the Right Support delivery board, which is responsible for monitoring the commitments in the Building the Right Support action plan. After so many years of allowing mistreatment to continue, it seems pathetic that the best system of accountability the Government can come up with is a delivery board that I have discovered has met for only six hours in the 22 months since it was established.

We know from more than a decade of reports and evidence that investment in social care, in community support and in the workforce is critical to reducing the number of autistic people and people with learning disabilities who are detained in inappropriate in-patient settings. However, the Government have just announced that they are halving the already pitiful £500 million budget for the social care workforce for the next three years. I believe that that will have a severe impact on a workforce who are already overstretched and are operating with a vacancy rate of 11%. I ask the Minister what assessment her Department has made of the repercussions that the cut to the social care workforce budget will have on the quality of care.

I could go on listing the repeated failures of successive Conservative Governments to do anything about the matter. The fact is that well over 2,000 autistic people and people with learning disabilities are still being held in inappropriate in-patient units. Approximately one in 12 are being held in units rated inadequate by the CQC. Some 40% have been there for more than 10 years. Fewer than ever have a planned date of discharge. Many people are being detained far from home. The risk of abuse is shockingly high, as we saw in the cases highlighted by Channel 4’s “Dispatches” programme, yet at every turn Government Ministers have lacked any humility. Nor have they made any apology for their abject failure to get a grip on this national scandal.

I hope the response this evening will be different. Will the Government now finally stop choosing to ignore the issue? Will the Minister instead offer assurances that her Department will take urgent action to end the inappropriate detention of autistic people and of people with learning disabilities, which is destroying the lives of so many people detained and their families?

Unpaid Work Trials

Jim Shannon Excerpts

Wednesday 29th March 2023 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I apologise for being a few minutes late, and I thank you, Mr Hollobone, for giving me the opportunity to contribute. I thank the hon. Member for Glasgow South (Stewart Malcolm McDonald) for leading today’s debate and for setting the scene so well. He referred towards the end of his comments to anyone who can hear the sound of his voice having had experience of this situation. As I always do, I will give an example of someone I know back home in Northern Ireland, to add a regional perspective to the debate—one that is replicated right across this whole great United Kingdom of Great Britain and Northern Ireland.

Unpaid work trials have proven incredibly common among some employers—sometimes I wonder whether they do it on purpose—especially in industries like hospitality, where young people tend to get their first jobs as young teenagers. There are a great many people across this United Kingdom who have good jobs now, but this is what happened when they first began. We must do all we can to enforce paid work trials and make young people aware of their employment rights. When someone is starting off, and has the excitement of a trial that might lead to a first job, they say, “I’ll definitely go and I’ll endure a wee bit of hardship or pain to get this job.” If they get it, that is good. If not, they feel a wee bit taken advantage of.

The advice from His Majesty’s Revenue and Customs is that using unpaid work trials does not contravene any current legislation for businesses, if they are part of a genuine recruitment process, do not last longer than a reasonable amount of time and are required to demonstrate the applicant’s suitability to the work. Are they part of a genuine recruitment process, or are they are a way of taking advantage of some people?

The hon. Member for Glasgow South outlined the issue very well. We look to the Minister, the Under-Secretary of State for Business and Trade, the hon. Member for Thirsk and Malton (Kevin Hollinrake), for a response; I am pleased to see him in his place. It is good to see the shadow Ministers for the SNP and for Labour here too, the hon. Members for Glasgow South West (Chris Stephens) and for Ellesmere Port and Neston (Justin Madders).

In Westminster Hall, in a past life for the Minister if not for me, we would have been on the same side, debating issues like banking. We were both lowly Back Benchers then. He has been elevated to greater heights, whereas I am still a lowly Back Bencher. He has reached heights that I will never be able to achieve, and that is a fact—I am not a member of the Conservative party, so it is highly unlikely to happen. I say that in jest!

Work trials are commonly used to allow an employee to see how a business is run and for an employer to see how the employee will settle in. When they are done right, they give the employer a chance to see just what a person can achieve. The problem is that, more often than not, people work an extensive shift and are not paid a penny for it.

One of the young girls who works in my office told me a story similar to that outlined by the hon. Member for Glasgow South, who set the scene so very well. My youngest member of staff recalls a work shift that she did when she was 17 years old—before she ever came to me—for a café in her local area, where she worked from 10 o’clock until 4 o’clock and was entitled to no pay for the shift. Now, that situation was understood between the employee and the employer. However—here’s the story—for the trial she was required to wear a black shirt and black trousers, which she did not have. If she wanted to do the trial and be considered for the job, guess what? She had to go and buy the black shirt and trousers. That cost an additional sum, which would ultimately be wasted once she got her uniform. I found that a bit hard to understand. On certain occasions, these trials just do not seem worth their while when the whole matter is taken into account.

Although there is no legal obligation to pay someone for a trial, I would certainly put forward the argument, as did the hon. Member for Glasgow South, that the individual, by working a trial, is still making money for that company, so they should be reimbursed. That is the crux of the matter. Some employers choose not to take staff on after trial periods, so they should—I was going to say “perhaps”, but they really should do this—offer the minimum wage for the day or for the number of hours worked. That would be fair and justifiable, given the time that the person has provided to make money for the company in their trial period.

I am also shocked to hear plenty of stories of people having been made to work not one day, but a week’s trial at zero payment, only to learn that if they leave that employment within the year, they must pay back the money they made in the trial period. Again, that is immoral, wrong and a disgraceful way to treat employees. Although the legalities around paying people for trial shifts represent a grey area, individual employers should have discretion to ensure that their employees are treated properly.

We know the stories. I gave one example and the hon. Member for Glasgow South has given examples. I am quite sure that my friend the SNP spokesperson, the hon. Member for Glasgow South West, will give more examples than anybody else, because—I agree with hon. Member for Glasgow South—he has a knowledge of these matters, and I look forward to hearing his contribution. Some of the stories we hear are disgraceful, distasteful and just awful.

We have a role to play in ensuring that all employees of or at small, medium or large companies have a good outcome. That is really not too much to ask: simply fair play and fair moneys for time and effort spent. At the moment, that is not the case. There is a duty on the Minister and the Government to sort out the legalities, and ensure that employers pay their employees the wages they should be getting. I very much adhere to and believe in the saying, “A fair day’s work for a fair day’s pay,” which is why I fully support the hon. Member for Glasgow South.

--- Later in debate ---

[Chris Stephens]

I thank my hon. Friend for that intervention. As I recall, it might very well have been in the debate on his private Member’s Bill when the then Minister rose to his feet and said, “I will be concluding my remarks at 2.30 pm.” That was at the beginning of his remarks. That is a completely scandalous way of dealing with it, but my hon. Friend is right. We have had assurances before that Bills would not be talked about and then, lo and behold, on the day that the Bill is up for discussion, that is exactly what happens.

We firmly oppose this practice. Because of the sectors of the economy that my hon. Friend referred to, we also oppose the inappropriate use of zero-hours contracts. Sometimes they go together, where there is an unpaid work trial for a zero-hours contract job. They are both exploitative practices. These non-standard types of employment that offer workers minimal job or financial security really have to end, particularly in a cost of living crisis. If the Government are really serious about helping people to earn more money, they need to put forward legislation to stop unpaid work trials and exploitative zero-hour contracts.

[Jim Shannon]

When that Bill was introduced approximately six years ago, we anticipated that it would go through Westminster and address this anomaly. Does the hon. Gentleman, like me, feel aggrieved—I am sure he does—that, in the six years since this legislative change, people have been exploited and thousands have lost out on what was rightly theirs?

--- Later in debate ---

[Kevin Hollinrake]

I do not have access to that data. The hon. Member refers to a survey that was done some years ago. It is our belief that unpaid work trials are not widespread, and there are measures to deal with the problem, which I will set out shortly. As the hon. Member for Ellesmere Port and Neston (Justin Madders) said, there are six criteria applied to unpaid work trials.

[Jim Shannon]

Some of the responses have been very positive. The Carer’s Leave Bill, which I have been following, is really welcome. The Minister mentioned the outcome of tribunals, but a person cannot take a case to a tribunal if they have not been in the workplace long enough, which means that a tribunal may not be an option. Can the Minister also give some direction on the uniform issue?

[Kevin Hollinrake]

I thank the hon. Gentleman for all the good work he does in this House. In all the debates he speaks in, he is a champion for doing the right thing. As he said, we have been on the same side of the fence in debates on many occasions, and I am sure that will continue despite my ministerial position. I will come back to both of those points shortly.

Six different criteria apply in deciding whether an unpaid work trial is appropriate. The first is the length of time. The trial should be no longer than a day. Observation is another: is the employer observing, or is somebody just working unobserved? Other criteria relate to the nature of the work, and the value to the employer—is there a value to that work? That would be inappropriate. If the worker is observed, the work would have less value, because somebody has to observe them, and they might as well be doing the work themselves. All those things are taken into account in judging whether that shift should be paid.

There are reasons for having an unpaid work trial; for example, a teacher might be required to do a model lesson. It might be appropriate to ask teachers who are being interviewed to show what they would do in the actual situation. It would not be right to ban the practice altogether.

On having more specific guidance, which the hon. Member for Glasgow South mentioned, the problem is that being too specific in guidance could result in a race to the bottom by some employers—something that he is looking to clamp down on. If we said, “This categorically is the perimeter of work trials,” rogue employers may well take advantage. There needs to be a balance of judgment, rather than exact criteria.

The Government think that work trials can be a legitimate recruitment exercise at times, which is why we are not legislating in this area and do not intend to. I know the hon. Member disagrees, and I respect his opinion, but we do not think it is right to legislate further in this area. What we already have strikes the right balance.

[Kevin Hollinrake]

Of course, we will always look at information and evidence. As parliamentarians, we get information and evidence from lots of different sources, but we tend to work by seeing where there is obvious detriment and therefore loopholes that we need to close. I do not think it is practical for the Government to look at every single problem and then decide where to legislate; it is usually the other way round. I think we disagree on that, but we will always look at information. If the survey was updated and specified unpaid work trials as an issue, the hon. Gentleman would have a more compelling case.

On uniforms required for a place of work, deduction of the cost of the uniform should not take a person’s earnings below minimum wage. If it did, the employer would be guilty of an offence under the National Minimum Wage Act 1998. It can be appropriate for an employer to say that there is a uniform that an employee must wear, at the employee’s cost, but that must not take that employee below the minimum wage.

[Jim Shannon]

The example I gave was a true one—I bring all my examples with honesty. The person had to buy a black shirt and black trousers to have the trial. If they did not get the job, they were out of pocket. Where is the comeback? It might be better for the employer, who will probably have spares, to make them available.

[Kevin Hollinrake]

I agree with the hon. Member, but that is a different point; I am speaking more to uniforms and how they relate to the minimum wage. It would be entirely inappropriate for an employer to say, “I want you to come on an unpaid work trial, and I want you to buy a new shirt and a new pair of trousers to do that.” I would define them as a rogue employer for taking that approach. As I have said, I was an employer for 30 years, and we would never have even considered that kind of behaviour.

The hon. Member for Strangford talked about awareness. His Majesty’s Revenue and Customs undertakes a programme on best practice for employers. It is an enforcement body, as well as one that tries to help employers meet the relevant employment conditions.

A number of contributors said that an employment tribunal is the only way to deal with the issue. I quite understand that employment tribunals can be expensive and time-consuming. There are other processes; if people feel that they have been wrongly and inappropriately asked to do an unpaid work trial, they can report that to ACAS or His Majesty’s Revenue and Customs, through its online form. All reports are investigated.

We are keen to expand the reach of HMRC’s enforcement capability. We have doubled our investment in national minimum wage enforcement since 2015-16. We spend nearly £28 million every year on ensuring that employers meet their legal responsibilities. Employers who are found to underpay their staff must repay all arrears that they owe to their staff and a penalty of up to 200% of the underpayment, and may be eligible to be publicly named by the Department for Business and Trade.

In 2021, HMRC returned more than £6.7 million in arrears to over 155,000 workers, and issued fines totalling more than £14 million to businesses that had failed to pay the minimum wage. Since 2015, the Government have ordered employers to repay over £100 million to more than 1 million workers, which demonstrates that it is never acceptable to short-change hard-working employees. The shadow Minister rightly asked when we will do the next naming and shaming. It has been too long. The last one was in December 2021. I have absolutely met my officials and said, “We need that list out very shortly.” It will happen very shortly.

I conclude by again thanking the hon. Member for Glasgow South. We absolutely agree that it is vital that the right of workers to be paid the minimum wage continues to be upheld. That is why the Government listened to concerns relating to work trials, and issued new guidance in 2018—prompted by his work, I would say, though I was not in this role at the time. That revised guidance, combined with strong enforcement of existing legislation, will continue to ensure that workers are not exploited through unpaid work trials.

P&O Ferries Redundancies

Jim Shannon Excerpts

Tuesday 28th March 2023 Westminster Hall

[Ian Lavery (Wansbeck) (Lab)]

I beg to move,

That this House has considered lessons learned from redundancies at P&O Ferries.

I refer to my entry in the Register of Members’ Financial Interests, with regard to my trade union membership. It is a pleasure, as always, to speak under your chairmanship, Sir Gary.

It is worth looking back at what actually happened to the 786 staff who were dismissed by P&O Ferries and DP World on 17 March 2022. We remember watching staff on the television who reported being sacked in a pre-recorded Zoom call, without prior warning or indeed any consultation whatsoever. P&O had callously prepared beforehand, recruiting handcuff-trained private security guards in balaclavas to frogmarch employees off the P&O vessels.

The P&O chief executive, Peter Hebblethwaite, admitted to the Transport Committee that the company had deliberately ignored the law and that some of the agency crew replacing those sacked would be paid below the minimum wage; and astonishingly, he said that the company would do it again, given the opportunity.

[Jim Shannon (Strangford) (DUP)]

Will the hon. Gentleman give way on that point?

[Ian Lavery]

The hon. Gentleman will have to be very brief.

[Jim Shannon]

I commend the hon. Gentleman for securing this debate. Does he not agree that the disgraceful treatment of P&O Ferries staff, which he outlined, has reminded this House of the importance of employment legislation, that any loopholes must be sealed, and that no one should be able treat decent and hardworking people so contemptuously, with no redress and complete legal impunity? As I say, I commend the hon. Gentleman; he does well and congratulations to him on securing this debate.

[Ian Lavery]

I thank the hon. Gentleman very much for that intervention; I will cover the points he has raised.

To get back to Mr Peter Hebblethwaite: Minister, how on earth is he still in position? I must ask that, as my first and probably most interesting question. A man who agreed that he was breaking the law; a man who said that he would not expect the trade unions to agree with what he was doing; a man who said, despite the fact that he was breaking the law, he would do it again —and he is still in position. Why? That is the question.

The right hon. Member for Uxbridge and South Ruislip (Boris Johnson), the former Prime Minister, claimed from the Dispatch Box on 23 March last year that the Government were taking legal action against P&O Ferries, but they have not done so as yet. So my next question to the Minister must be: why has no action been taken against P&O for how it acted back on 17 March 2022? Parliament must correct that injustice. The purpose of today’s debate is to learn the right lessons from P&O’s breathtaking act of corporate aggression against British workers, and to take the right actions, particularly where they are missing from the Government’s response.

My concern and that of colleagues is that the Government’s responses to date will neither close loopholes nor, crucially, challenge the anti-trade union mindset at the heart of P&O and DP World’s despicable actions. Ex-P&O seafarers and their trade unions—the National Union of Rail, Maritime and Transport Workers, and Nautilus—are increasingly frustrated at the Government’s failure to penalise P&O Ferries, DP World or the flag states involved in this injustice, as early-day motion 954 highlights. As a result, UK seafarers and trade unions across the maritime industry cannot be certain that a similar assault on jobs and employment rights will not happen again.

The first anniversary of the Government’s nine-point plan in response to P&O Ferries is on Thursday. Although the Seafarers’ Wages Act 2023 is welcome, it is unnecessarily narrow and will not come into full legal effect until next year. The Transport Committee has correctly observed that, on its own, the Act

“will not be sufficient to ensure proper treatment of seafarers.”

I ask the Minister: where is the review of the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011, which provide limited protection for seafarers from nationality-based pay discrimination? That is what P&O, Irish Ferries and Condor Ferries and other businesses base their model on. That review was supposed to have started by the end of 2020. Minister, when will it start?

For all other employment conditions, including tackling roster patterns of up to 17 weeks on P&O’s fleet, the Government propose a voluntary seafarers charter. The agreement was to base standards in the charter on the collective agreements between the RMT, Nautilus International, Stena Line and DFDS. The charter still has not been agreed, and there are very real concerns among the unions that it is not fit for purpose. Repeated efforts to amend the Seafarers’ Wages Bill to give the charter legal force were defeated by the Government on the grounds that it would effectively mandate collective bargaining. In reality, that is what we need now, and not another review in a year’s time.

As the Transport Committee’s excellent report on the “Maritime 2050” strategy observes of the seafarers’ charter,

“the Government’s current plan to ask operators to sign up voluntarily will not give the assurances and protections that seafarers want and deserve. We therefore call on the Government to make signing up to the charter a mandatory requirement for all UK maritime operators.”

Labour’s prescription of mandatory rights and standards cuts to the heart of the problem. Restoring trade union collective bargaining agreements, safe roster patterns and dislodging the supply of cheap agency labour on flag of convenience vessels is the way forward and will increase seafarer jobs in this country.

I would like to ask the Minister a whole number of questions. Forgive me; I am sure he will not have the time to respond to every one from the Dispatch Box, but I will put them in writing so that we can get a written response. When will the Government make the seafarers’ charter a mandatory requirement for all other operators in the ferry sector? Will the Minister give the trade unions a formal role in assessing the compliance of operators’ policies with the standards in the charter? What assurances can he give that the charter will not undermine existing collectively agreed terms and conditions in the ferry industry? When will the independent research on roster patterns from the Department for Transport report to Ministers?

The P&O scandal affects the 19,000 mainly retired seafarers in the merchant navy ratings pension fund, a multi-employer scheme to which P&O Ferries owes around about £130 million. It is a liability that it is trying to avoid. What are the Government doing to ensure that DP World meets its liabilities to the members of the MNRPF?

P&O Ferries knowingly and unashamedly breached section 188 of the Trade Unions and Labour Relations (Consolidation) Act 1992. It has benefitted from weaknesses elsewhere in the Act, especially in the Government’s interpretations of sections 193, 194 and 285. Section 285 was cited in the Insolvency Service’s decision not to proceed from the evidential test to the public interest test of prosecuting P&O Ferries for criminal offences, because it was said that section 285, in the judgment of the Insolvency Service, provided only an “even chance” of a successful prosecution. Yet there is nothing in the nine-point plan to close the loopholes in the 1992 Act, despite the urgent need to equalise redundancy rights, as a starter, for land-based workers and seafarers.

The protections that P&O breached were introduced in 2018, with the support of the trade unions, with the express intention of strengthening seafarers’ basic employment rights. There were no protections before, which is why P&O Ferries’ decision to breach them must be the start of a fightback against this despotic approach to industrial relations in the ferry industry. Will the Government therefore commit today to strengthening the Trade Union and Labour Relations (Consolidation) Act 1992 by amending section 188 to ensure that it clearly applies to seafarers working regularly from UK ports on international routes, and commit to outlawing ex gratia payments to employees connected with an intentional breach of section 188 of the Act ?

Will the Government amend section 193A(2) to legally require employers to notify the Secretary of State for Transport, regardless of the flag of the vessel, of an intention to make more than 20 seafarers redundant, and amend section 194(3) to ensure that the definition of “body corporate” applies to overseas owners, such as DP World? Will they also amend section 285 to provide these protections against instant dismissal for all seafarers working regularly from a UK port, regardless of nationality or the flag of the vessel? Will the Minister make absolutely sure that the Retained EU Law (Revocation and Reform) Bill does not strike out these minimal protections for seafarers in the 1992 Act?

I return to the shocking decision of the Insolvency Service not to pursue criminal damages and charges against P&O Ferries, effectively letting the company and its chief executive Peter Hebblethwaite off absolutely scot-free. It is essential that we get to the bottom of this chronic regulatory failure, so will the Minister commit to looking at that? Will the Minister commit to reforming the Insolvency Service so that a public interest test informs the evidential tests in cases like P&O where a company director blatantly breaks the law to dismiss directly employed seafarers in collective bargaining agreements, and even say they would do the same again? When do the Government expect the Insolvency Service’s civil investigation of P&O Ferries to conclude? The RMT estimates that UK seafarers hold around only half of the 5,300 ratings jobs on cargo and passenger ferries regularly working on a number of international routes, including Crown dependencies. The union believes we are heading in the wrong direction.

The picture across all sectors of shipping is still worse. The Government’s own impact assessment for the Seafarers’ Wages Act 2023 observed that over the past decade UK-resident seafarers have held, on average, 17% of the total number of ratings jobs across the UK shipping industry. That is a national scandal. This rampant profiteering from exploitative crewing contracts is a fundamental lesson from the P&O scandal, and it has serious safety implications. We need to know what action has been taken to assess seafarer fatigue levels on the P&O Ferries fleet, and what the Maritime and Coastguard Agency is doing to monitor the effectiveness of DP World’s safety incident reporting tool, H-SEAS?

P&O Ferries moved its fleet of six ROPAX—roll-on roll-off passenger—ferries from the UK ship register to the Cyprus register in 2019. The Cyprus register has said nothing on the unlawful sackings, in a clear indication of the effects of deregulated shipping registers on decent employment standards. Will the Minister tell us why the Government have signed an agreement with the Shipping Deputy Ministry of Cyprus to co-operate on shipping matters, including seafarer employment and welfare conditions? The Cyprus register is increasingly popular with ferry operators, which is a real source of concern for those UK seafarers working on Cyprus-registered vessels. Is the Minister promoting the Seafarers’ Wages Act 2023 and the seafarers’ charter as part of this agreement?

It is hard to square that with the ambition in the nine-point plan to grow the UK ship register, unless Ministers intend to further deregulate the red ensign. Earlier this month, DP World reported record profits with £3 billion in dividend payments and £15 million in bonuses to directors, including those at P&O Ferries. It is a scandal that the £11.5 million that P&O Ferries received in furlough payments from the UK taxpayer has not been repaid and that DP World will benefit from lucrative Thames Freeport contracts. I also ask the Minister to investigate urgently the delay in P&O Ferries Ltd submitting accounts for the year to 31 December 2020-21, as my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) raised in a written question.

The future of the UK as a maritime nation, with secure ferry operations supporting full seafarer employment, is at stake here. P&O is introducing new sailings and ferries, and others, such as Cobelfret, are introducing new services that are likely to fall outside the scope of the Seafarers’ Wages Act. How can anyone have faith that the correct lessons will be learned from last year’s scandal while this injustice is allowed to persist?

World Down Syndrome Day

Jim Shannon Excerpts

Thursday 23rd March 2023 Commons Chamber

[Jo Gideon (Stoke-on-Trent Central) (Con)]

First, I thank my right hon. Friend the Member for North Somerset (Dr Fox) for securing the debate and for all the work he did to ensure the Down Syndrome Act 2022 became law.

During our lifetime, there has been a significant change in attitude towards Down syndrome. Undoubtedly, there is still more that can be done to improve the quality of life and opportunities of people with Down syndrome, but as we mark the 18th anniversary of the first World Down Syndrome Day, we should not forget the progress that has been made in understanding the condition and supporting those with Down syndrome to be treated fairly so they are able to live full and productive lives.

I speak with personal experience. My father had an elder brother, Donald, who had Down syndrome. I was only told of his existence when I was 27 years old and pregnant with my second child. Donald died in 1946, aged about 25. He spent all his life in an institution, which was standard practice at the time. My father did not talk about his brother. He found it too painful. My mother explained to me that when my father was a small child, my grandmother had taken him with her every month to visit his brother in the institution and the experience had traumatised him.

When I spoke during the Down Syndrome Bill debate last year, I referenced the BBC series “Call the Midwife”, which documented attitudes towards Down syndrome and how they started changing in the 1950s and 1960s as people with Down syndrome were able to take an active part in their communities. Not only have attitudes changed, but life expectancy has increased dramatically in recent decades from 25 years in the 1900s to 60 years today. Medical science has advanced and people can live extremely healthy and long lives, and make a great contribution to our society.

I am incredibly grateful for this opportunity to celebrate the achievements and contributions of people with Down syndrome to their local communities and to our society as a whole.

[Jim Shannon (Strangford) (DUP)]

I congratulate the right hon. Member for North Somerset (Dr Fox) on securing the debate. We are all encouraged by the situation. What comes to my mind is a young gentleman called James Martin, the 31-year-old who starred in the roaring success, “An Irish Goodbye”. He has gone from working in Starbucks to living his dream by winning a globally recognised award. Most importantly, he has never let his disability get in the way of goals and achievement. Does the hon. Lady agree that James is a true role model to all individuals out there who feel that society restrains them due to their disability, and reminds them that the world is their oyster—or in this case, their Oscar?

[Jo Gideon]

I thank the hon. Gentleman for his intervention. He is absolutely correct.

In Stoke, the Stoke and Staffordshire Downs Syndrome Social Group was set up in 2016 by a family in my constituency after their son was born with Down syndrome and the couple walked away from hospital with just a factsheet about the disorder. Today, the group meets regularly in Birches Head and is making a difference to the lives of more than 50 families by organising regular trips and activities, as well as supporting families emotionally and connecting them with wider support groups.

I would also like to highlight the great WorkFit programme for its role in making workplaces more inclusive. WorkFit is an employment programme that matches places and supports individuals with Down syndrome into work, with more than 1,000 individuals successfully accessing the service to date. In my constituency of Stoke-on-Trent Central, I was delighted to hear that the programme supported Grace into her role at Dunelm distribution centre, where she works dealing with returns from customers. She works two days a week and really enjoys being part of a great team who are very supportive. She uses her computer skills to process returns from customers and is very proud of her job.

Last week’s Budget outlined ways in which we would like to see a greater proportion of working-age people in employment, with a specific emphasis on supporting disabled people into work. One thing I would like to see is an improvement in ensuring that public transport services are available for travelling to and from work, so that a lack of access is not a barrier to that aim. Indeed, while it is wonderful to hear stories like Grace’s, according to the Down’s Syndrome Association, people with Down syndrome often face barriers and prejudice, lack of opportunities, low expectations, stereotyping and other negative attitudes. A study by Mencap found that 62% of adults with learning disabilities in the UK want to work, but only 6% have a paid job.

Everyone should have the right to work. People who have Down syndrome want to work for the same reasons as everyone else: to earn their own money, learn new skills, meet new people, feel valued, contribute to society, and have the chance to be more independent. Work is important for so many reasons and is a key part of our personal ambitions. For employers and their workforce, being equipped with the knowledge and understanding of how to better support a colleague with the condition is at the heart of the matter. In fact, it is key to achieving an inclusive work environment.

The same goes for education. The majority of children with disabilities in developing countries are currently out of school, while many of those enrolled are not in learning. To ensure that all children have access to quality education, education policies and practices must be inclusive of all learners, encourage the full participation of all, and promote diversity as a resource rather than as an obstacle. I was listening to an interview with a teacher recently, who said that she had seen such a difference in her class after moving from retrospectively altering her lesson plans for children in the class with Down syndrome, to thinking about how she can make a plan that includes the needs of all her pupils from the beginning. When we think about successful inclusion, it is about how are we supporting teachers to include and value everyone from the start, as opposed to adapting and modifying in retrospect.

The theme of this year’s World Down Syndrome Day is “With Us Not For Us”. I think that reflects my point well: a move from the outdated charity model of disability to working with others to treat them fairly so that they have the same opportunities as everyone else.

Oral Answers to Questions

Jim Shannon Excerpts

Thursday 23rd March 2023 Commons Chamber

[Kemi Badenoch]

My hon. Friend is quite right. As set out in our policy paper, the duties and functions of Ofwat, Ofcom and Ofgem have significantly expanded since privatisation. I agree that the Bill would enable us to move more quickly, and I would like to work with him to see what we can do to improve regulation more broadly.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her response to this important question. All our constituents are squeezed due to rising prices over which they have no control. In the light of her response, and in anticipation of her correspondence with the hon. Member for Weston-super-Mare (John Penrose), I hope that we can increase accountability and reduce prices, and thereby reduce inflation, which will help our constituents.

[Kemi Badenoch]

The hon. Gentleman is right that our constituents are at the end of what the regulators are doing, so our reforms should build on their strengths and continue to reinforce the UK as a leading global destination for investment in utilities infrastructure, to the long-term benefit of all our constituents and consumers.

--- Later in debate ---

[Mr Speaker]

I call Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

You have called me, and I have a question ready-made here, Mr Speaker. Like on “Blue Peter”, here is one I prepared earlier.

Only yesterday, the Secretary of State signed a trade deal with the Ukrainian First Minister to provide pivotal support to the Ukrainian economy. Has the Secretary of State assessed how soon that will impact Ukraine in helping it—[Interruption]—lay the foundation for revival?

[Kemi Badenoch]

I am afraid I missed the end of the hon. Member’s question but I am happy to write to him in response.

Mental Health and Wellbeing Plan

Jim Shannon Excerpts

Wednesday 15th March 2023 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I commend the right hon. Gentleman for bringing this debate forward. One of my concerns, which I suspect he has along with others, is for those with eating disorders, which is clearly a mental health and physical issue. Across the United Kingdom of Great Britain and Northern Ireland, there are 700,000 young people with eating disorders. That is not a core part of the Government’s plan, but it needs to be. Does he agree that eating disorders have to be key and core to any strategy addressing mental health and physical health?

[Mr Jones]

As the hon. Gentleman knows, eating disorders can affect people of any age, but there is a huge cohort that are young. I am coming on to my concerns about particular emphasis on young people’s mental health, which needs to be addressed.

International Women’s Day

Jim Shannon Excerpts

Thursday 9th March 2023 Commons Chamber

[Dame Maria Miller]

In bringing this matter up, the hon. Lady is doing what we all must do, which is to raise these issues in public. That is what the Afghan women I met were pleading for—to make sure that their plight was not forgotten—and they were enormously grateful for hon. and right hon. Members raising these issues, so that not only does the world media not forget, but our colleagues on the Treasury Bench do not forget either.

[Jim Shannon (Strangford) (DUP)]

I commend the right hon. Lady for bringing this debate forward. Unfortunately, I have a meeting today so I cannot make a speech.

This is not just about the politicians across the world; it is also about the likes of my mother, who is 91 years old —soon to be 92—and still gets up to make fresh scones, drives a car and looks after my brother, who is disabled. It is also about my wife who runs the home, volunteers at an animal shelter and cares for the grandchildren, giving childcare to help make ends meet. I am a grandfather of three beautiful and wonderfully sassy granddaughters, who I believe will change the world, and I am the proud employer of six fiercely strong, independent and intelligent women. My point is clear: does the right hon. Lady not agree that on this day, and indeed every day, we have much to be thankful for with all the women in our lives who have shaped us and who continue to shape our world and make it a better place?

[Dame Maria Miller]

I thank the hon. Gentleman for that intervention. He is always a great supporter of women. He raises an important issue, which is that women have many different roles in this country and in our national life, and we should celebrate all those roles in this debate. But, above all, we need to ensure that women have a choice as to what role they take on, and we should never allow barriers to get in the way of them succeeding and reaching their potential in life. I am sure his sassy granddaughters would agree with that.

The Commission on the Status of Women, as well as being harrowing at times, was also enormously uplifting. It was empowering to hear from other female parliamentarians, NGO leaders and activists about how they are working and campaigning for change. I had the great pleasure of meeting the Speaker of the Belize Parliament, the honourable Valerie Woods, who is also deputy chair of Commonwealth Women Parliamentarians. The Inter-Parliamentary Union had many meetings at the CSW, which serves to remind us of the importance of organisations such as the Commonwealth Parliamentary Association and the IPU, in the light not only of our Parliament, but of Parliaments around the world. They are incredibly useful organisations for women to be able to drive change and learn from other Parliaments.

As I said, the UK Parliament had four delegations—the biggest group ever to be at the CSW—demonstrating that the significance and importance of women’s rights among colleagues across the House has never been more heightened. At the UN this week, thousands of women from across the world saw laid bare the global erosion of women’s rights since the Beijing declaration was adopted in 1995: the reversal of Roe v. Wade; 4 million women and girls out of education in Afghanistan; women in Ukraine rendered victims of sexual violence at the hands of aggressors. Closer to home, two women are murdered by their partners each week in the UK—I am sure my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) will be talking about that in her contribution to the debate.

There is no doubt that in the UK over the past decade a huge amount of progress has been made. I pay tribute to the Minister for Women and her predecessors—of which I am one—for all they have done to ensure that we continue to see momentum in women’s rights. The Minister has done so much, particularly on women’s health, and I pay tribute to her work in that area. Although I will speak about some of the challenges that we have to face, and ways to address them, it is important to keep at the back of our minds that huge progress that we have made as women, and the huge contribution that women make to public life, making this place, and other places, better as a result.

How do I know that this place is better for having women in it, and why it is important that we continue to push for more women to enter public office? True representation is the answer to that question. Representation—good, strong, diverse representation—is vital in political life because it encourages trust in political bodies. Engagement in democracy is stronger when people see themselves in their elected representatives. Representation tends also to result in diversity. That in turn results in a greater range of ideas, which for a deliberative system such as our democracy is hugely important to improve our decision making.

In the business world, research by McKinsey found that, for every 10% increase in gender diversity in senior executive teams in the UK, earnings in that company before interest and tax rose by more than 3%. There is a dividend not just for commercial organisations, but for organisations such as ours in ensuring that that diversity is in place.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 8th March 2023 Commons Chamber

[Stuart Andrew]

A consistent approach to GRCs is fundamental to the effective functioning of legislation in this area. The GB-wide Equality Act was carefully drafted in the light of, and to reflect, the specific limits of the UK-wide Gender Recognition Act 2004. It is important, for the effective functioning of the Equality Act, that the recognition of international GRCs is in line with the basic principles of the GRA.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his response. Many people in Northern Ireland, and the United Kingdom as a whole, have concerns about gender recognition certificates. Has he had an opportunity to talk to some of those organisations to get their opinion, so that we can draw up a policy that is recognised by everyone?

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 7th March 2023 Commons Chamber

[Neil O’Brien]

The Better Health: Rewards pilot that we are funding in Wolverhampton is very exciting, and more than 10,000 residents have already registered with the app. We will be monitoring the lessons of the pilot closely and looking at how we can apply them more broadly.

[Jim Shannon (Strangford) (DUP)]

For such families it is about not necessarily the right food, but the cheapest food, which means that, in many cases, young children become obese through no fault of their own. What can be done to help families to buy healthier foods on a budget that is often minimal?

[Neil O’Brien]

The hon. Gentleman is completely correct. As well as the actions that we are taking on healthy eating and obesity, that is exactly why we are spending £55 billion to help households and businesses with their energy bills this winter—one of the biggest packages in Europe. It is also why we have the £900 cost of living payment for 8 million poorer households, we are increasing the national living wage to its highest ever level, and we are spending £26 billion on the cost of living support this year. He is completely right and I commend his work on it.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Health and Social Care (Neil O’Brien)]

We will be setting out our next steps on smoking shortly, but we already have the lowest smoking level on record: it has fallen to 13%, partly as a result of the doubling of duty on cigarettes and partly owing to the introduction of a minimum excise tax. We will be investing £35 million in the NHS this year to ensure that all smokers who are admitted to hospital are given NHS-funded tobacco treatment.

[Jim Shannon (Strangford) (DUP)]

T3. Recent analysis from Macmillan Cancer Support shows that 2022 was the worst year on record for cancer waiting times. Will the Minister consider the introduction of an urgent support package for UK cancer services in the upcoming Budget to support our hard-working staff and to ensure that there is additional capacity to deal with the current pressures on the system?

[Helen Whately]

It is indeed a worrying experience for people to be waiting to know whether they have cancer or, having received a diagnosis, to be waiting for treatment. However, I can assure the hon. Gentleman that more people are currently coming forward for cancer checks, more people are being treated for cancer, and the NHS is reducing some of the backlogs following the pandemic.