EU Directive 2007/46/EC
Debate between Jim Shannon and Jonathan Reynolds(11 years, 2 months ago)
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Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
On behalf of my constituents, I thank you for granting me this adjournment debate, Mr Speaker. I thank the Minister in advance for his response. I hope that we can achieve a positive outcome. I realise that this is a very specific topic. It is a technical and perhaps quite dry subject, and I doubt whether millions of people are at home, glued to BBC Parliament right now, but it is vital to small and medium-sized businesses whose working practices are now affected by this directive.
The issue that I want to raise and discuss is not the directive itself, which in principle I have no issue with and which does make sense. It will improve safety standards across Europe, and open up a wider market to UK manufacturers—both things that are, of course, advantageous. I want to focus on its implementation in the UK, which I believe could be done much better. In particular, I am very concerned that no further assessment or scrutiny has been carried out since the initial impact assessment back in 2009, just before the first part of the directive was due to come into effect. However, I do not simply want to criticise; I want to work with the Minister, to tackle some of the issues. I hope that the process can be made much easier for businesses in my constituency of Stalybridge and Hyde that have contacted me about it. I would like the Government to carry out another assessment on the directive now—this is paramount—before it is fully implemented next year, to address the issues that I will present this evening.
I have my own interest in this area. As vice-chair of the Associate Parliamentary Manufacturing Group, I work with colleagues across the House who share my passion for manufacturing. I have been keen to address this topic because it is hitting exactly the sort of businesses in my area that everyone wants to give more support to. I am talking about small and medium-sized manufacturing businesses, providing skilled, private sector jobs in the north of England.
Jim Shannon (Strangford) (DUP)
Is this directive not another example of EU legislation adversely affecting small and medium businesses? Does the hon. Gentleman feel that if the Government do not act, there will be lay-offs and businesses closing?
Jonathan Reynolds
There is no doubt that my motivation in seeking this debate has been the news communicated to me about the impact that the implementation of the directive will have on businesses in my area. The goal of the directive is not a bad one, but if it is implemented incorrectly, there is no doubt that some manufacturers and some jobs might go.
The directive was introduced to ensure that automotive goods—including cars, vans, lorries, trailers, caravans and so on—meet a minimum EU-wide set of regulatory, technical and safety requirements. That is entirely understandable and a good thing, in terms of both safety and potentially opening up a bigger market for our manufacturers. However, the directive has meant that manufacturers have to do much more to ensure that their products meet the standard, drastically altering their previous processes. Instead of needing approval to work on a certain manufacturer’s product, businesses now need approvals for different vehicles from the same manufacturer, even though the differences between models might seem minor. In the original impact assessment, back in 2009, the previous Government had two options. They chose the right option by offering a lower-cost approval scheme to businesses that wish to sell only in the UK. I am pleased that the current Government stuck to that. However, four years later, more issues are appearing, which I shall now explain in more detail.
The first issue, unsurprisingly, is the increased costs that the directive has imposed on businesses. The number of approvals needed has spiked massively, and obtaining each type approval costs money. Whereas costs were managed by needing only a few approvals, with the new European Community whole vehicle type approval, as well as the number of approvals that come with it, costs have risen sharply and quickly. Many SMEs are struggling. I have heard reports of businesses that will either scale down the products that they offer or simply pack in altogether when the directive is fully implemented next year. That is not encouraging manufacturing—quite the opposite—and that should concern us all.
The staff hours involved in obtaining new approvals have also risen due to the complexity, the amount of new approvals needed and the length of the process to obtain just one approval. The Federation of Small Businesses has told me that its members feel that the process is confusing and burdensome. That is particularly true of SMEs, which find the paperwork—something that they have to go through every time they want to start work on a different product, even if the differences are fairly minor—demanding and discouraging. Other areas of the business then suffer, as staff are taken away from other roles to spend what they believe to be a disproportionately large amount of time on securing type approvals.
A lack of communication to businesses by Government and government authorities such as the Vehicle and Operator Services Agency and the Vehicle Certification Agency is another issue. Some businesses were not even aware of the initial impact assessment in 2009. They feel ill-informed and still in the dark about what is required from them and any help that they can receive. Businesses have told me that they feel abandoned. Some businesses have also told me about what they feel to be a lack of consistency, with the process frequently changing. One managing director described it as the “goalposts constantly being moved”. There is a lot of confusion and worry out there in the industry at the moment, which needs to be addressed.
Let me present the House with a case study from my constituency. This issue was brought to my attention by Truck Craft Bodies Ltd—a small to medium-sized business in Stalybridge. It is deeply concerned about the effect that the directive will have on its business once it is fully implemented and about the ability of such SMEs to survive. The business has told me that it has gone from simply needing one approval per manufacturer to needing up to 30 approvals for just one manufacturer.
Like me, the company agrees with the premise of the directive, but it is particularly concerned about the resulting costs and increased staff hours. It is also unhappy about the lack of help and support on offer. The help that it could receive from organisations such as the Society of Motor Manufacturers and Traders has so far been inadequate. The Government should be speaking to companies such as Truck Craft Bodies. They are the ones in the field, and what they have to say on implementation is invaluable.
That leads me to my main point, which is the lack of scrutiny or assessment of the directive’s implementation since the initial impact assessment more than four years ago. I am concerned that as the date for full implementation—November 2014—looms closer, the answers to a number of questions are still not known, purely because of the lack of scrutiny. First, does the system provide value for money? The Vehicle Certification Agency is the UK’s designated approval authority, and it needs to be cost-effective for the businesses that use it. Secondly, do the Government know how the implementation of the scheme is going, given that no assessment has been carried out since 2009? Are the Government aware of the problems that are being experienced by many businesses? How will they address those issues and provide further help to businesses that need it? We need to know the answers to those questions if we are going to help the SMEs that are facing a testing and uncertain time.
The point of this debate, however, is not for me to stand here and criticise the Government. That would be unfair, especially on a matter that is so technical and complex. I want the debate to achieve positive outcomes and improvements, as my ultimate aim is to help businesses that are struggling and that are worried about the effect of the directive on their trade and their ability to survive. I have no doubt that the Minister shares that view. There are potential solutions to the problems that I have outlined so far, and I hope that the Minister will give them serious consideration.
Most importantly, I firmly believe that the Government need to carry out another impact assessment before the directive is fully implemented in 2014, and I call on the Minister to do that at the earliest opportunity. The lack of scrutiny so far worries me deeply. This cannot wait until after the full implementation of the directive; it needs to be done as soon as possible. If we wait until 2014, it will be too late, especially as some businesses are planning to stop their current operations once the directive comes into full effect, unless there are changes. An impact assessment now would help properly to identify the hurdles that businesses are facing because of the directive, and it would do so in far greater detail than I can describe in the debate today.
Carrying out a new, updated assessment now would have numerous benefits, and I hope that I can convince the Minister to do so. It would offer solutions and ways of dealing with the problems that the directive has caused to businesses, not to mention giving the Government an idea of how the directive’s implementation is going and an opportunity to improve it. Most importantly, it would involve the manufacturers and businesses. After all, they are the ones that are most affected; they currently feel abandoned and are not sure where to turn. This is of course their industry, and they are the ones that know it best. Overall, I believe that a new assessment should be carried out as soon as possible and definitely before full implementation. I sincerely hope that the Minister will give that suggestion some serious thought.
Certain specific suggestions are worthy of consideration. Indeed, any new assessment might come to similar conclusions. They include changes such as making the granting of licences easier. As previously mentioned, the VCA is the only body in the UK that can grant type approvals to SMEs that want to operate only in the UK. There is scope to funnel down the process, which at present appears top-heavy and cumbersome, to give manufacturers and businesses more involvement. That would take some of the work load off the VCA and run down costs on both sides. Businesses that I have spoken to are unhappy with the current process that the VCA operates. For example, the agency already has a lot of the information that manufacturers have to supply. The duplication that the companies have to undertake costs money and time, and seems unnecessary. Perhaps this has been overlooked, and it could be identified by a new, updated assessment.
Furthermore, a common complaint from the industry is that the support offered to it has been found wanting. Manufacturers feel left out of the loop and abandoned, and are unhappy with the general lack of communication about a matter that is so vital to their continued existence. The Government need to communicate their plans better. It is also imperative that the Government look at the UK system and make it as easy as possible for small and medium-sized businesses, in particular, to comply with the new regulations. The FSB supports that proposal and believes that that should happen.
Mr Speaker, I thank you once again for allowing this debate, and I look forward to the Minister’s response. I am sure that he and I both want the same thing: for manufacturing to thrive in the UK. The directive does not necessarily have to hinder manufacturing by firms such as Truck Craft Bodies. Improved safety and access to bigger markets are of course in everyone’s best interests. However, because the directive involves such a radical change from how manufacturers have previously operated, it is imperative that it should be monitored closely. That has not happened so far, as we have seen from the lack of any real assessment or scrutiny by the Government since the initial impact assessment in 2009. I sincerely hope that the Minister will take on board the suggestion to hold another assessment soon, before full implementation in 2014.
Marriage (Same Sex Couples) Bill
Debate between Jim Shannon and Jonathan Reynolds
Jim Shannon (Strangford) (DUP)
First, let me say unequivocally that I am opposed to same-sex marriage, as most Members will know; it is not a secret. I am here to speak on behalf of the many millions of people with religious views who also oppose it. Specifically, I want to speak to new clauses 3 and 4.
New clause 3 deals with marriage registrars. As the hon. Member for Cardiff South and Penarth (Stephen Doughty) said, there have been similar changes to the law in lands across the whole of Europe and, indeed, all over the world, so precedents have been set. In Holland, protection of the religious views of registrars on same-sex marriage is enshrined in the law. The Dutch courts recently ruled that registrars should not be compelled to solemnise same-sex marriages against their conscience if they were employed as registrars before the law was introduced. A month or two ago, the hon. Member for Congleton (Fiona Bruce) and I went to an event in Portcullis House where people on a panel gave their legal opinions. One person said that marriage registrars would not be covered by the new law, while the other two people said that they are covered. We are very conscious of the Ladele case. The Church of England has produced a paper in which it is very clear about its position on marriage registrars.
I want to talk about the importance of freedom of speech for all. Unless an amendment such as new clause 4 is made, freedom of speech could be unduly restricted. It is difficult to be comprehensive about the circumstances that may give rise to a breach of freedom of expression as a result of such detrimental treatment. However, there is a real danger that a teacher, for example, might be accused of discriminating against a person because he or she has expressed a view against same-sex marriage. There is a risk that employees might be limited in their freedom of expression inside and outside the workplace because their criticism of same-sex marriage could be considered to be unlawful discrimination based on sexual orientation under the Equality Act 2010. This is a particular danger in the context of education, where a teacher may criticise same-sex marriage inside or outside the classroom and be found to have discriminated as a result. These are very important issues that we must be concerned about.
Jonathan Reynolds
We dealt with this in some detail in the Bill Committee, and I recognise that it is one of the principal issues that has been discussed today. It is already clear that someone can express a view—a personal opinion—to which no one would have any objection, but if they did so in a way that bullied or stigmatised, or in any way went beyond what is reasonably acceptable, they would be going too far. This is no different from many of the issues that teachers deal with every single day. On all those issues, yes, we issue guidance, but we never do anything as prescriptive as putting into primary legislation certain rights and responsibilities that would be unacceptable in any other field.
Jim Shannon
The hon. Gentleman and I clearly have a difference of opinion; he will not be surprised about that. In the Bill Committee, we heard that in a poll 40,000 teachers had expressed concern about this. We cannot ignore that number of teachers.
The danger is made more real in the light of the case of Stewart v. Cleveland-Guest (Engineering) Ltd, where the court interpreted
“discrimination on the grounds of sex”
as including some conduct that would fall into the category of “harassment”. Therefore, by analogy, the use of so-called offensive language may be held to amount to sexual orientation discrimination. Moreover, under EU anti-discrimination law, the European Court of Justice held in the case of Firma Feryn that offensive statements may sometimes amount to discrimination. John Bowers QC has raised similar issues in his advice to the Coalition for Marriage. Members heard the same legal opinion expressed in the Bill Committee, as I did in the seminar that I went to with the hon. Member for Congleton.
The Secretary of State has responded to these concerns by saying that her clear understanding is that
“discussion or criticism of same sex marriage would not be ‘of itself’ discrimination under the current law.”