Deregulation Bill

Debate between Lord Cryer and Toby Perkins

Wednesday 14th May 2014 Commons Chamber

[Toby Perkins]

I share my hon. Friend’s tremendous pride in the Act, and he is right to observe that very significant steps were taken in the 1970s. It should also be acknowledged that further steps were taken during the 13 years of Labour government through consultation and work with colleagues in Europe, and that Europe is a much safer workplace for it.

Back in 1993-94, 20 years ago, self-employed workers accounted for a sixth of all workplace deaths. In 2012-13, they accounted for a third of such deaths. In other words, the self-employed are twice as large a proportion of all those who die at work now as they were 20 years ago. If the Government are serious about driving down workplace deaths, reducing health and safety requirements for the self-employed seems a pretty odd way to start.

A few years ago funds for the Health and Safety Executive were cut by 35% in a single year, which has led to fewer inspections and the issuing of improvement notices. The present Government slowed the progress that we had been making on health and safety. However, we entirely reject the idea that the fact that Labour made that progress means that we favoured excessive regulation. Indeed, we are glad that the important work of the Better Regulation Commission—which was formed as part of the last Government’s commitment to deregulation, and which has played an important part in removing unnecessary burdens and ensuring that more are not unintentionally created when new regulations are introduced—has continued under the present Government.

The House of Commons Library estimates that businesses benefited to the tune of £3 billion a year as a result of the various deregulatory measures introduced by the last Government. A comparison between that scale of savings and this pygmy of a Bill sends a clear message about who was serious about backing business. However, a sensible approach to regulation is about proportionality, consistency and clarity, and I object in the strongest possible terms to the idea that making workers less safe or less well off is being done in the name of small businesses.

This Tory-led Government clearly have a view of the type of workplace that they want Britain to be. The Tory vision of the working Britain of the future is of a place in which everyone’s position and rights are insecure and enfeebled employees live in constant fear of losing their jobs, with low security, low wages and zero hours: an easy-in, easy-out workplace. The Tories think that a workplace that is engaged in a race to the bottom makes for a competitive economy.

[John Cryer (Leyton and Wanstead) (Lab)]

Is there not also a danger that if legislation removes health and safety cover from self-employed people, employers will have an incentive to give employees a bogus status of self-employment, regardless of whether that is appropriate?

[Toby Perkins]

A substantial part of my speech will deal with precisely that point, because I think it represents perhaps the most fundamental flaw in the Bill. When the Minister presented his idea, he was probably told that it was good news that authors would no longer be suing themselves because their chairs were the wrong height. However, the real impact of the Bill is exactly as my hon. Friend has described it.

When people ask the Government what they will do about zero hours and the exploitation of workers, the Government misunderstand the question. The easy sacking of workers and the reduction in their rights is not an accident of Tory policy; it is Tory policy. It is precisely what Tory Governments have always been about. Of course, this is not actually called a Tory Government, but it certainly feels pretty much like one. This is what Tory Governments have always done, and they should be honest about that, rather than claiming that they are acting in support of small businesses or in anyone else’s name.

I was a small business owner myself for five years before I entered Parliament, and I entirely reject the idea that impoverishing workers and stripping them of their rights was done in my name or at my request. That just shows how out of touch the Government are. It is very unfair of them to introduce measures such as this, and then claim that they are doing it in order to support small businesses. In fact, they are doing it because it is what Tory Governments always do.

As the Minister said, this idea originated in Professor Löfstedt’s report on health and safety regulations, which was published in 2011. We supported most of the report’s recommendations, but we think that the professor failed to understand the nature of the British labour market when he said that the rights of the self-employed in Britain were greater than those granted by some of our European competitors, and, in particular, failed to appreciate the huge growth in false self-employment in this country to which my hon. Friend the Member for Leyton and Wanstead (John Cryer) referred.

At the end of the last Government, the World Bank said that Britain was the easiest place in Europe in which to set up a new business. That is a key feature of our economy, and in itself it is something to be celebrated. Indeed, the idea that people should pluck up the courage to go it alone and start a new business, should challenge the established order and should find new ways of innovating and different ways of doing things—adopting the values and attributes of entrepreneurs—is very closely aligned with the history of the Labour party. Challenging the established order is precisely what the Labour party has always done. Of course we support people who want to set up their own businesses, but the healthy push towards starting up new firms that was established under Labour—with the spirit of adventure coursing through the veins, and ambition bursting through every pore—is very different from the growing move towards bogus or forced self-employment that we have seen under the present Government.

Unite has drawn attention to the fact that many workers in the care sector have been pushed into false self-employment, with the result that people on whom much of the fabric of a decent society depends can be sacked without warning, receive no holiday or sick pay, have reduced benefit entitlements, and are denied access to employment tribunals. They do not want to set up their own businesses or become entrepreneurial, but they are being told that the only way in which they can care for the old people for whom they have cared for so many years is to become self-employed. It is important to recognise the difference between those who want to be self-employed and those who are being forced into it.

--- Later in debate ---

[John Cryer]

If I am mistaken, I apologise. I remember seeing at least two versions, but perhaps I have got that slightly wrong. Nevertheless, there is still controversy over why certain occupations are on the list and others are left off. I am concerned that the Bill is nearing the end of its progress, yet nobody is quite sure what will be on the list and what will not. The Solicitor-General said in Committee that the Government would consult on the issue, but that should have been done some months ago. As my hon. Friend the Member for Hayes and Harlington has said, the discussions have been going on for about three years and it is only now that we are getting anywhere near some sort of public consultation.

[Toby Perkins]

It may well be that there was only one piece of paper, but in Committee it was as if there was an organic process by which the interpretation of the list and the meaning of the Bill changed in front of our very eyes. I am not entirely sure whether that is reflected on a piece of paper, but it was very clear that what it meant either was not entirely understood or that it changed as we sat in Committee.

[John Cryer]

Perhaps I am a victim of my own fevered imagination when it comes to the list, but I thought I remembered seeing different versions. My hon. Friend is right about the list.