Fireworks: Public Sales

Kelly Tolhurst Excerpts
Monday 26th November 2018

(5 years, 12 months ago)

Westminster Hall
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Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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It is a pleasure to serve under your chairmanship, Mr Howarth. I pay tribute to the hon. Member for Warrington North (Helen Jones) not only for introducing the debate on behalf of the Petitions Committee but for her thoughtful and informative speech. I also thank all hon. Members who have taken part in today’s debate. It is great to see such a highly subscribed Westminster Hall debate. I am also grateful to those who signed the e-petition that has brought us here today.

As has been discussed, a very similar debate took place in January, following a petition that also sought to

“Change the laws governing the use of fireworks to include a ban on public use”.

That debate took place because 113,000 people signed that petition. Today, we are debating a petition that has received over 280,000 signatures. Again, it calls for a ban on the sale of fireworks to the public and for displays at licensed venues only. I am also aware that there are campaigns under way regarding the use of fireworks, such as the one organised by the Royal Society for the Prevention of Cruelty to Animals, and a further petition, under the change.org banner, has received over 330,000 signatures. The issues have been debated thoroughly, both today and in January.

Let me also offer my thanks to the hon. Member for Glasgow Central (Alison Thewliss), who had a debate on this issue scheduled for tomorrow but who, because of today’s debate, has decided to combine it with this one. I thank her for forfeiting her debate.

I empathise with the concerns that have been raised, and the Government understand the strong feelings that many people have about fireworks. For those reasons, I do not want to simply restate what the law is, although I will do so briefly for the benefit of hon. Members. We have legislation in place to regulate the supply, storage, possession, use and misuse of fireworks, to help to ensure public safety. These powers include powers to prosecute those who use fireworks in a dangerous or antisocial manner. Together, the restrictions set out in the Fireworks Act 2003, the Fireworks Regulations 2004 and the Pyrotechnic Articles (Safety) Regulations 2015 provide the regulatory framework that seeks to support the public’s enjoyment of fireworks while effectively managing the risk of fireworks harming individuals, property or animals.

Retailers may sell fireworks without the need for a specific licence during short windows of time around the traditional fireworks periods of 5 November, new year’s eve, Diwali and Chinese new year. However, if they wish to sell fireworks at other times of the year, they must seek a licence from their local authority. Age restrictions are in place to prevent the sale of fireworks to those under the age of 16 or 18, depending on the classification of the firework. There are further restrictions on the public possession of most fireworks by those under 18. Local authority trading standards officers have the powers to take action against those who sell fireworks illegally, including those selling fireworks without an appropriate licence, outside the normal selling period or to under-age children. Those powers also cover the sale of illegally imported fireworks and internet sales.

I recognise that the noise from fireworks can be distressing to some people and animals, and many Members today have shared their experiences and the concerns of their constituents. That is why there is a noise limit of 120 dB on fireworks available for consumer use. Consumers can also choose to buy from the wide range of low-noise or silent fireworks that are now available, as some hon. Members have highlighted.

I want to reassure hon. Members that the Government continue to take the enforcement of firework safety seriously. Trading standards can order the removal of unsafe products from the market and can take action against retailers who flout the law by selling fireworks to under-age children or who fail to abide by the licensing rules. The police do take action to combat antisocial behaviour and the dangerous use of fireworks by individuals, and many hon. Members today have described the illegal sale and use of fireworks. The hon. Members for Glasgow Central and for West Bromwich West (Mr Bailey) described serious criminal activity involving fireworks that has happened within their constituencies. Quite frankly, they outlined some disgusting behaviour by individuals in their use of fireworks. Such incidents are investigated by the police, leading to fines and in some cases imprisonment, so although I recognise hon. Members’ concerns, I do not accept the premise that the police do not investigate what I would call criminal activity.

Helen Jones Portrait Helen Jones
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Can the Minister tell us whether her Department now collects statistics on the number of prosecutions for fireworks offences? If it does, what is the trend? Are prosecutions going up or down?

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank the hon. Lady for making that point. As some hon. Members have already outlined, when the last debate on this subject took place in January, we were just setting up the Office for Product Safety and Standards. We talked then about the collection of data, and my Department is working with National Trading Standards to consider ways to collect data to back up any proposed changes.

To recap, criminal events in which people use fireworks are investigated by police, if they are reported. In some cases, they attract fines and, in others, imprisonment.

Adrian Bailey Portrait Mr Bailey
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I do not think that anyone would say that the police do not investigate. We are saying that the level of resources is such that they are not often able to carry out the sort of investigation that enables them to identify the perpetrators and bring them to justice. Can the Minister give me an indication of just how many investigations have taken place, how many fixed penalty notices have been given and how many perpetrators of serious firework-related crime have been prosecuted?

Kelly Tolhurst Portrait Kelly Tolhurst
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I would like to refer to the hon. Gentleman’s comment and also to his earlier remark about an incident in which a firework was thrown into a pub. He suggested that it was not investigated—

Helen Jones Portrait Helen Jones
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He did not say that.

Kelly Tolhurst Portrait Kelly Tolhurst
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Perhaps I misunderstood, but that is what I heard from this end. My suggestion is that the police do take such matters seriously, in any constituency. Regarding any criminal activity that is identified as serious, the police absolutely attend.

Patricia Gibson Portrait Patricia Gibson
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If I heard the Minister correctly, she suggested—if she did not say—that the work of the Office for Product Safety and Standards is ongoing. I think that is what she said—what I understood. If the office is not yet in a position to tell us how it will proceed on fireworks, with all the concerns around them, do we have a timeframe for when it might bring forward its own conclusions or proposals about how we move forward?

Kelly Tolhurst Portrait Kelly Tolhurst
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I will move on to that reference later in my speech, and to how potentially I, as the Minister responsible, and in line with the Office for Product Safety and Standards, would like to take the matter forward. If the hon. Lady would bear with me, that would be great.

The hon. Member for Glasgow Central suggested that it was not possible to seize fireworks in some cases. I would like to reassure her that fireworks can be seized under the Consumer Protection Act 1987 and the Explosives Act 1875. Just to give her an example, Greater Manchester seized 50 kg of bangers last year and 36 kg of category 4 fireworks, and Worcestershire seized fireworks from two different premises.

Alison Thewliss Portrait Alison Thewliss
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I am not aware of the circumstances that the Minister mentions. Were those fireworks seized from commercial or residential premises? On bonfire night, Police Scotland deployed public order specialists in Pollokshields. They arrested people, and they are still arresting people and investigating. The problem is not the police’s response but the source of the fireworks.

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Kelly Tolhurst Portrait Kelly Tolhurst
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To answer the hon. Lady’s direct question, I have the data regarding the volumes as opposed to how many premises or individuals—[Interruption.] The volumes that I said, the 50 kg of—[Interruption.]

George Howarth Portrait Mr George Howarth (in the Chair)
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Order. I do not think we can have mumbling from a sedentary position.

Kelly Tolhurst Portrait Kelly Tolhurst
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I said that the information I have is in regards to the volume and not to how that volume is made up.

Although only a minority of users of fireworks misuse them, I understand that one individual can have a massive impact on a community. That is why the Government continue to believe that the best way to continue to reduce any distress caused by fireworks is to work with industry, retailers and others to promote their safe and responsible use through guidance and public education and to ensure that appropriate action is taken against those who break the rules.

At the previous debate in January, the then Minister with responsibility for fireworks had just announced the creation of the new Office for Product Safety and Standards, and I am delighted that the office is already working with industry, retailers, charities and others, including the Royal Society for the Prevention of Accidents and Netmums, to promote the safe and responsible use of fireworks and raise consumer awareness of firework safety. The campaign that the office has undertaken, with its partners, has reached more than a million people through social media, GP surgeries and post offices. The office has also been providing access to expert advice to support trading standards work in enforcing the regulations, including through the funding of the testing of potentially unsafe fireworks.

Jeremy Lefroy Portrait Jeremy Lefroy (Stafford) (Con)
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Has there been any investigation of the issue of inspections by trading standards, as opposed to by the Health and Safety Executive? Two people lost their lives in a firework explosion in my constituency a few years ago, and it was implied that although trading standards are allowed to inspect places where up to 2 tonnes of fireworks are kept, they did not have enough expertise to deal with an amount of explosive that was greater than that which Guy Fawkes used in these Houses of Parliament. Would it not be better for the Health and Safety Executive to come in at a much lower level than 2 tonnes, which I believe is the law at the moment?

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank my hon. Friend for highlighting his constituency concern. As he outlined, local trading standards and local authorities license the storage of fireworks, but the Health and Safety Executive ultimately has responsibility for the health and safety of all premises—the overriding health and safety regulations—whether it be for work or storage. Since I have been in post as Minister, I have not had any representations made to me on the storage of fireworks; they have been more about their use. From my personal experience, I can say that if there are operations within individuals’ constituencies, or even if the general public have any concerns about where fireworks are being stored, they are absolutely to contact the local authority and trading standards, but I suggest that they also contact the Health and Safety Executive, which has the responsibility for carrying out investigative work when complaints have been made.

Jeremy Lefroy Portrait Jeremy Lefroy
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If I may just follow up on that, in metropolitan areas the fire and rescue authorities usually have responsibility for the inspection of storage and they have real experience in that area. Would it not be better to ensure that not just in metropolitan areas but in county authorities a similar regime was put in place under the overall provision of the HSE, but involving fire and rescue authorities right from fairly low levels of firework storage?

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank my hon. Friend for his suggestion. I know that local forces work well with local authorities and other agencies on how best to implement regulation, control local problems and carry out enforcement. My hon. Friend makes a very good point and it is something we would have to discuss with those agencies and the local authorities involved.

During the debate in January, the then Minister agreed to meet with hon. Members who had an interest in the matter and discuss their concerns. As I said in response to a Business, Energy and Industrial Strategy question last week, I am open to hearing more and to receiving information and evidence on firework safety issues. This debate has certainly provided much information for further consideration.

Patricia Gibson Portrait Patricia Gibson
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The Minister is being extremely generous with her time. I just want to ask her the question that I think everyone in this room wants to ask, and probably every member of the public who has an interest in the issue. Is she minded to have a consultation? I hear what she says about what has been going on, but is she minded to proceed down the path of a consultation on the sale of fireworks? I think that is what a lot of people want to know.

Kelly Tolhurst Portrait Kelly Tolhurst
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I hope to have a meeting, which I think may also have been offered by my predecessor, with hon. Members who are interested. That will be an opportunity for them to discuss this issue with me, because what has come out today is that there is no consensus. There are different elements, and a number of issues and different opinions have been discussed. That is absolutely fine—that is what a debate is about—but it is not something that we could run with. As the Minister responsible, I would like to come up with a suggested way forward, looking at things in a more organised way. That is why I suggest a face-to-face meeting with hon. Members to discuss their concerns and suggest how we might take this matter forward.

Following the January debate, officials were tasked with reviewing the guidance. In order to ensure that all views are taken into account, I have asked those officials to connect constructively with key stakeholders during the next steps, addressing any awareness or information gaps. The creation of the Office for Product Safety and Standards has given us the opportunity to make the best use of scientific evidence, incident data, risk and intelligence in our decision making. As a result, we are now in a much better position to ensure we have the right evidence-based approach to firework safety, and to commission new evidence where necessary. That will ensure we have a thorough understanding of the issues with the safe sale and use of fireworks.

I will respond to a couple of questions. The hon. Members for Sheffield, Brightside and Hillsborough (Gill Furniss) and for North Ayrshire and Arran (Patricia Gibson) have asked about the consultation on fireworks, and I will happily meet Members to discuss a way forward. As I have already outlined, the Office for Product Safety and Standards is gathering data and looking at ways in which we can acquire the thorough evidence that we will need to back up anything we introduce. As for enforcement, I am personally committed to making sure that we enforce the law in this country, as the hon. Member for Sheffield, Brightside and Hillsborough knows and as I highlighted last week.

We are also committed to consumer protection. I made my interest in that area expressly clear in two different debates last week, as well as my interest in the data and the work that we are doing. The Office for Product Safety and Standards and the Department are using data scientifically to make better decisions on consumer protection and safety.

Gill Furniss Portrait Gill Furniss
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It is really generous of the Minister to offer to meet those of us who have taken part in the debate. However, as I said earlier, it is 13 years since the last regulations were instated, so does she agree that a complete review of the situation is now timely? Things have changed since then. We have heard about the fireworks that sound like bombs, the high decibel levels, and the different lengths of time that things take, so it would be nice if the Minister could confirm that when she meets us, it will be with a view to reviewing the entire situation surrounding fireworks.

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank the hon. Lady for her thanks for my suggestion that we should have a meeting. However, as I say, I have been in this role since July, and before I commit to anything, I need to be confident of what we would achieve and how we would achieve it. I am sad to say that I will not use today as an opportunity to confirm what the hon. Lady has asked for, but I have open ears and an open mind on what hon. Members might want to highlight.

Susan Elan Jones Portrait Susan Elan Jones
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If I were to attend the meeting with the Minister, I would say to her that for me, the most important item is restricting to certain dates the use of fireworks outside of organised displays. I think that every Member would have a different view on that, but the reason I am going to push the Minister a bit further about a public consultation is that the more views we have, the more informed the Government will be.

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank the hon. Lady for her comments, but as I have highlighted, I will not commit to a consultation until I have met hon. Members, spoken with my officials, and worked out with them what the best way forward is. I will be quite frank: I am not for moving on that today. However, as I have highlighted, I have open ears and an open mind, and it is obvious from today’s debate that there is a range of differing views.

To highlight two elements of the debate, I support hon. Members on the question of the problems they have raised, and to pay tribute to our emergency services. We have heard about how our emergency services have been targeted, with people using fireworks in a criminal way against those charged with protecting us. Like anyone listening to the debate and to the stories that hon. Members have recounted, I think it is disgusting that anyone working in the emergency services might be threatened with fireworks, even on a firework night. That is totally disgusting, and I share hon. Members’ concerns about that.

I will also highlight hon. Members’ concerns about animal welfare. We have heard personal stories about hon. Members’ pets and the disastrous things that have happened to horses, and I can recount stories from years ago. I was pleased to hear that the hon. Member for Newport East (Jessica Morden) did not have a story about a hamster, and it was nice to hear about her father and his desire to have fireworks in their yard. My father would not, because the Catherine wheels that were available in the 1970s, when I was small, were dangerous: half of them did not finish or go off. Product safety has moved on significantly in the past 30 years, and although we are still targeting people who use fireworks incorrectly, the products have improved vastly. We recognise people’s concerns about their pets and animals, but it is a difficult debate.

We have heard that we should move people to public displays, rather than their having fireworks in their garden. However, we have heard complaints about public displays as well as informal ones, so the question of what people want is complex. There are many differing opinions, and we will have to make judgments about how far we need to go and what the right balance is. Legislation and enforcement always involves a balance: ensuring both that people’s rights are protected and consumers are safe, and that people are able to enjoy the things that I am sure everyone loves about fireworks.

Alison Thewliss Portrait Alison Thewliss
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If the Scottish Government’s consultation comes back next year in favour of greater restrictions on sale, will the Minister devolve the powers to the Scottish Parliament?

Kelly Tolhurst Portrait Kelly Tolhurst
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I am afraid that I cannot commit to that today, because I do not know what the Scottish Government’s review will say. If I am still in post, I will happily look at it at that time.

I thank everyone who has taken part in the debate. I reassure the Chamber that I am clear that the safety of our constituents remains a priority, and I will consider the work of my officials and look at the evidence base. I encourage everyone present who is interested and has contributed to the debate to meet me for a proper discussion, which will enable the Government to look at the problem and decide on the correct way forward. I also thank you, Mr Howarth, for your patience this afternoon.

Helen Jones Portrait Helen Jones
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I take this opportunity to thank all Members who have participated in the debate and made some very useful contributions to it. I would like to be able to thank the Minister, but in 21 years I have seldom heard a response that took so little cognisance of the debate that had just happened.

We have now had three e-petition debates on the issue, yet the Government have taken no account of the public views that have been expressed time and time again. I remind them that the petitions system was set up as a joint system between Parliament and Government in the expectation that Government would take it seriously, and they clearly are not. The Minister has talked about enforcement, but she will not commit more resources to it.

Kelly Tolhurst Portrait Kelly Tolhurst
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Will the hon. Lady give way?

Helen Jones Portrait Helen Jones
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One moment. The Minister has said—[Interruption.] No, I am not giving way; I have not finished my sentence. She has said she believes that she needs to collect more data and that there has been no unanimity in this debate. This debate was unanimous about wanting more controls on fireworks. She said that she is sorry for our emergency services, but she has put forward no way—

Kelly Tolhurst Portrait Kelly Tolhurst
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Will the hon. Lady give way?

Helen Jones Portrait Helen Jones
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I only have two minutes, so I am not giving way. Clear?

Kelly Tolhurst Portrait Kelly Tolhurst
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Two minutes? You have 10.

Helen Jones Portrait Helen Jones
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I have two minutes to wind up. The Minister has said that she wants to protect our emergency services, but she has come up with no way of doing that. She has said, “We want to work with the industry.” I wonder whether that will be as successful as the Government’s obesity strategy has been in working with the industry concerned.

My constituents and other Members’ constituents are clear that they want action. I know the Minister is a junior Minister and is unable to promise much herself, but the Home Office has to start taking this matter seriously or we will be here debating it time and time again until it does. My Committee will certainly want to look at it again. These are serious issues about people being injured, emergency workers being attacked and people’s lives being made a misery. It is time that the Government started to take it seriously.

Question put and agreed to.

Resolved,

That this House has considered e-petition 231147 relating to the sale of fireworks to the public.

Draft Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018

Kelly Tolhurst Excerpts
Wednesday 21st November 2018

(6 years ago)

General Committees
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Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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I beg to move,

That the Committee has considered the draft Timeshare, Holiday Products, Resale and Exchange Contracts (Amendment etc.) (EU Exit) Regulations 2018.

It is a pleasure to serve under your chairmanship, Mr Pritchard, and to introduce the regulations, which were laid before the House on 22 October. The regulations will be made under the powers conferred by the European Union (Withdrawal) Act 2018. They form part of a wider programme of work to adjust our existing legislative framework in readiness for leaving the European Union next year. If approved, the regulations will make minor and technical amendments to the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010, to correct deficiencies that would arise from the United Kingdom’s withdrawal from the European Union. The Government maintain that the best outcome for the UK is, of course, to leave the EU with a good deal. If a deal—and therefore a withdrawal agreement—is struck, the implementation date of the draft instrument could be changed by any subsequent Bill that the Government introduce to implement the withdrawal agreement in UK law. It is, however, the duty of a responsible Government to prepare for all scenarios, which is what we are doing by bringing the draft instrument, and other secondary legislation, before the House.

The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 transpose into UK law a 2008 EU directive on timeshare and long-term holiday products, and improve consumer protections for those investing in timeshares across European economic area states, aiming to increase consumer confidence in the industry. That was done through a number of new rights and obligations on traders. Those regulations included greater requirements on timeshare sellers to provide key information to consumers before the contract, including the consumer’s right to withdraw and the requirement that the information and the contract be provided in the language of the member state in which the consumer was resident or of which they were a national. The regime also extended consumer protections to a much broader range of holiday-related services, including resale contracts, exchange contracts and long-term holiday contracts, as well as timeshare contracts. Those services are all characterised by long-term commitment or significant financial risks for consumers.

If approved, the draft regulations before the Committee will make minor, technical amendments to the 2010 regulations, to correct deficiencies that would arise from the United Kingdom’s withdrawal from the European Union. The draft regulations amend references to the EEA states and to the existing language requirements, and include amendments that ensure that contracts governed by UK law are still protected when the UK is no longer a member state, and that widen the scope of the regulations, so that certain contracts governed by the law of EEA states will now be subject to the same regime as contracts currently governed by the law of third countries. In addition, language requirements are amended so that key information must be provided in English rather than in the language of an EEA state.

In practice, most of the protections of the 2010 regulations will continue, except that contracts applying the law of an EEA state will now be subject to the same requirements as contracts applying the law of a third country. The draft instrument will save the current regulations, so they will remain the same for UK consumers buying timeshares and other long-term holiday products in the UK and from UK companies, where the contracts are governed by the law of the United Kingdom. Where UK consumers buy certain timeshares and other long-term holiday products governed by the law of an EEA state, those contracts will now be treated in the same way as contracts applying the law of a third country, as EEA states will now be third countries.

The new regime generally will not cover contracts where UK consumers purchased timeshares and other long-term holiday products from EEA traders when they are in an EEA state. Generally, those contracts will be subject to the laws of that member state, as a UK consumer will no longer be a citizen of an EEA state. An EEA state’s law might not apply to UK consumers in the same way as it did previously. Although UK and EU law is highly aligned, we encourage consumers to be aware where possible of the protections offered by the specific seller and by the member state where the seller is located. That would help to clarify whether the level of protection is different from that of the UK.

The draft regulations ensure that the contract and mandatory pre-contractual information are provided in English, but allow them also to be provided in another language, irrespective of whether it is an official language of the EEA state. An assessment of the impact of the statutory instrument has concluded that it does not represent a policy change. It is expected to result in little or no wider impacts or transfers and to have a minimal effect on UK businesses and consumers or on the wider society, environment and the rest of the economy—as I previously set out, generally the terms of the draft regulations will remain the same for timeshare and other long-term holiday products sold in the UK.

This Government believe that the draft regulations are a sensible and necessary use of the powers of the European Union (Withdrawal) Act 2018 and will ensure that our consumer law continues to function effectively on exit day. I commend them to the Committee.

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Kelly Tolhurst Portrait Kelly Tolhurst
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I thank hon. Members for their contributions. As I have said, we remain confident that we will reach an agreement with the EU, but it is important to prepare our legislative framework, in case we leave the EU with no deal, to protect our consumers and businesses. That is what this instrument is doing. I have demonstrated that the proposed regulations do not make any substantial changes to the existing regime for the protection of buyers of timeshares and other long-term holiday products in the UK, nor to the general standards that timeshare traders are required to meet when trading in the UK. I might add that the regulations do not extend the Secretary of State’s power in any way. They are essential to ensuring that the retained EU legislation that sets out these requirements continues to work effectively in the UK immediately after exit day. That is what the instruments are designed to do.

I will address the comments of the hon. Member for Edinburgh East regarding the wider issues around timeshares. The current timeshare regime provides adequate protection for timeshare consumers at the point of sale, although many pre-2010 timeshare contracts pre-date the current regime. Those contracts, which are becoming less common, are not covered by the rights and protections introduced in the 2010 regulations. I understand the points that the hon. Gentleman made about any future changes to regulations and what he would like to see. What we are doing with the process in this particular SI is to save UK law with EU law. If this SI came into force, in the event of no deal, it would be purely down to the UK Parliament to decide if we wanted to change any future laws, in which case we would be looking at some of the matters he has spoken about.

With respect to the wider scope of the regulations and engagement with them, the CMA is the enforcer of the regulations in the UK. While the Department has not carried out an impact assessment, we have consulted two key bodies—the Resort Development Organisation and KwikChex—which are both members of the Chartered Institute of Trading Standards. We have had conversations with them. As hon. Members may know, the Consumer Protection Partnership, which met in the summer, fed into the draft regulations. We also had a consumer roundtable.

In response to some of the points that have been made, the Government always have high standards of consumer protection in mind. That is an area that I am responsible for and in which I take a personal interest, so I am always willing to look at new evidence, advice and opinions on changes that we could make to give consumers the protections that they need, but that needs to be done in the proper way.

I know that the hon. Member for Sheffield, Brightside and Hillsborough is concerned about cross-border co-operation and redress. The Government will present future draft instruments to deal with that. I can assure her that, while that is not dealt with in this particular statutory instrument, it is something that we are working on in the Department. Which? has been working with officials to feed into no-deal work being done at the Department for Business, Energy and Industrial Strategy, and is doing its own piece of work with regard to the Government’s preparedness for a no-deal scenario. Which? is working with us and we are listening very carefully to anything that it has to say.

If the draft secondary legislation is not agreed today, it will cause part of the legislation to be inoperable, which is not in the interests of UK consumers. We must ensure, in the event that there is no agreement with the EU, that the right regulations and legislative framework are in place to provide buyers of timeshares and related products with adequate protection. I thank hon. Members for their time and for indicating their support for the SI.

Question put and agreed to.

Oral Answers to Questions

Kelly Tolhurst Excerpts
Tuesday 20th November 2018

(6 years ago)

Commons Chamber
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Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald (Glasgow South) (SNP)
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3. What steps he is taking to remind employers of their obligation to pay the national minimum wage.

Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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We are committed to ensuring all employers pay their workers correctly. As part of our enforcement strategy, Her Majesty’s Revenue and Customs targets employers with information and advice. In April 2018, we launched a £1.48 million campaign to raise awareness of the national minimum wage rules, particularly in sectors with a high risk of non-compliance. HMRC contacted over 617,000 employers prior to April 2018, reminding them of their responsibilities to pay the higher rate.

Stewart Malcolm McDonald Portrait Stewart Malcolm McDonald
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The Government are failing thousands of workers who are falling victim to unpaid trial shifts. The law is extremely grey, and despite my efforts to clear it up, the hon. Lady’s Government talked out my Bill. We know that the guidance the Government produce and reminding employers is not enough. As we go into this Christmas period, when this will be another employment epidemic, will she pledge to make this the last Christmas of the unpaid trial shift?

Kelly Tolhurst Portrait Kelly Tolhurst
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Short unpaid trials as part of a genuine recruitment process can be legal. However, longer trials with no prospect of employment are illegal. Individuals working on illegal trials are workers and they are entitled to the minimum wage. I can inform the hon. Gentleman that, as per the communication I have had with him in recent months, I have indeed, with my Department, just reviewed and finalised new guidance on unpaid work trials and work experience for interns, which will be published in the next few weeks.

Stephen Kerr Portrait Stephen Kerr (Stirling) (Con)
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Does the Minister agree with me that the payment of a living wage is actually in the best interests of employers because it encourages engagement, loyalty and productivity?

Kelly Tolhurst Portrait Kelly Tolhurst
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I thank my hon. Friend for highlighting that point, and it is absolutely true. This Government are committed to increasing the rate of pay for the lowest-paid workers. I do agree with him that this of course encourages employee loyalty to employers that do so.

Ruth George Portrait Ruth George (High Peak) (Lab)
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19. A constituent of mine who runs a vehicle delivery company came to see me about the dangerously long hours of driving in his industry—often over 16 hours a day—for less than the minimum wage. My constituent and other small companies that care about their staff are desperate to see an end to bogus self-employment in their sectors. When will the Government finally act on the recommendations of the Taylor review and do this?

Kelly Tolhurst Portrait Kelly Tolhurst
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Let me be clear: it is illegal not to pay the national minimum wage to workers who are entitled to it. This Government have been very clear. We are looking at and currently reviewing the Taylor review recommendations—we will be implementing the majority of them—and the Government will be responding soon with what we will do.

Rachel Reeves Portrait Rachel Reeves (Leeds West) (Lab)
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Following on from the question from my hon. Friend the Member for High Peak (Ruth George), last week yet another employment tribunal found in favour of workers getting the minimum wage and other workplace rights—in this instance, at Addison Lee—but too many firms continue to label workers as self-employed when they are not. When will the Government finally bring forward this long overdue legislation and—as the Taylor review, the GMB union and the Business, Energy and Industrial Strategy Committee have argued—ensure that all workers are paid the minimum wage?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

The hon. Lady will remember that it was this Government that set up the Taylor review. We have been very clear. We are committed to enforcement; we have doubled the enforcement budget for the national minimum wage. In fact, the arrears recovered in the last year totalled £15.6 million, affecting more than 200,000 workers. This Government are committed and we will respond in due course. We are committed to making all workplaces fair for all.

Dennis Skinner Portrait Mr Dennis Skinner (Bolsover) (Lab)
- Hansard - - - Excerpts

If the Minister is very keen on the national minimum wage, what is she saying to Mike Ashley, who has 3,000 workers at Shirebrook, most of them on zero-hours contracts? They do not get the national minimum wage. There are only a handful. Is it not time that this Government, instead of talking about the national minimum wage, did something about it?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I say again: we are committed to enforcing on underpayments of the national minimum wage. We have doubled the enforcement budget. We are delivering for those individuals. And zero-hours contracts do not necessarily mean that there will be a breach of the national minimum wage. We are committed to delivering.

Sarah Jones Portrait Sarah Jones (Croydon Central) (Lab)
- Hansard - - - Excerpts

4. What steps his Department is taking to help safeguard skilled manufacturing jobs after the UK leaves the EU.

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Gerald Jones Portrait Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)
- Hansard - - - Excerpts

5. What assessment he has made of the potential effect of the merger of Asda and Sainsbury’s on (a) workers, (b) supply chains and (c) consumers.

Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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Sainsbury’s has confirmed that there are no planned store closures as a result of the merger. The independent Competition and Markets Authority is investigating the effects on competition and has until 5 March 2019 to report. The CMA’s investigation is independent of Government and we must not pre-judge the inquiry. The Secretary of State wrote to the CMA in May on this issue and I met with the CEO of Sainsbury’s last month.

Gerald Jones Portrait Gerald Jones
- Hansard - - - Excerpts

Sainsbury’s has indicated that it will look at price cuts of 10% under a merger with Asda, but it has also indicated that it would make efficiency savings of around £500 million. I know from this Government’s record that efficiency savings often mean cuts somewhere down the line, so what discussions has the Minister or the Department had with trade unions to ensure that all jobs—not just in store, but in distribution and warehousing—are safeguarded?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

The hon. Gentleman is right to raise concerns, because any merger and change will of course concern the workers in the organisations, but I have spoken with Sainsbury’s and it has been clear that the pay and reward structure that is already in place is not affected as part of the merger. We will continue our communications with the stores. As he will know, the CMA is currently looking at the merger and is due to report. We will be monitoring this, as we would in any such circumstances.

James Cleverly Portrait James Cleverly (Braintree) (Con)
- Hansard - - - Excerpts

The National Farmers Union has expressed disquiet at this proposed merger. Will my hon. Friend give an assurance to me and to the House more generally that the Government will always promote competition both to improve choice for the consumer and to improve options for people in the supply chain, particularly in farming?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I thank my hon. Friend for his question. He is absolutely right: one of the things that we are committed to is making sure that we continue with our world-renowned competition regime. It is right that, even at a ministerial level, we are independent of the CMA, but we work very closely with the CMA on priorities, and looking at supply chains is a key area for all mergers, as is how we protect consumers and markets in future.

Kevin Brennan Portrait Kevin Brennan (Cardiff West) (Lab)
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6. What recent representations he has received on introducing shared parental leave for self-employed people.

Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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My Department and the Department for Work and Pensions recently met Parental Pay Equality, which is campaigning to extend shared parental pay to self-employed parents through changes to maternity allowance. We are exploring ways to support self-employed parents further.

Kevin Brennan Portrait Kevin Brennan
- Hansard - - - Excerpts

I thank the Minister for that answer. Has she read the recent “Balancing Act” report from Birkbeck University and Parents in Performing Arts, which shows that 72% of freelancers would like to take shared parental leave if they were allowed to? This policy would not cost anything, but it would improve equality and productivity at the same time. Will she—not just officials—undertake to meet the parental pay and leave campaign and listen to my hon. Friend the Member for Batley and Spen (Tracy Brabin), who has a ten-minute rule Bill on this issue?

Kelly Tolhurst Portrait Kelly Tolhurst
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I will always engage with anyone who has a view on this particular issue. We are evaluating shared parental leave and pay to look at the barriers to take-up, including those affecting self-employed people and mothers, particularly, who qualify for maternity allowance. We are currently evaluating that and we will be reporting on that next year. However, I will meet with those people.

Ben Bradley Portrait Ben Bradley (Mansfield) (Con)
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I recently met Mike Watkinson from Nottinghamshire’s Federation of Small Businesses to discuss a number of challenges facing business in Mansfield, one of which was support and access to benefits for self-employed people. Does my hon. Friend agree that, as the party of business, it is absolutely vital that we help small business owners and support them to keep the show on the road when they need it?

Kelly Tolhurst Portrait Kelly Tolhurst
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Self-employment does allow the flexibility that some employed workers are unable to take advantage of, but it is right that we work on this and consider the consequences for the self-employed and small businesses. When we are evaluating and looking at how we move forward—as this Government are committed to doing—it is right that we look at this in the round, in the context of tax, benefit and other such things, but particularly, to support small businesses to continue providing the employment that we need.

Tracy Brabin Portrait Tracy Brabin (Batley and Spen) (Lab/Co-op)
- Hansard - - - Excerpts

I thank my colleague and friend, my hon. Friend the Member for Cardiff West (Kevin Brennan), for raising this question. On my ten-minute rule Bill on shared parental leave, the Minister will have heard across the House the frustration with the Taylor review—that it has been a year and a half and we have not had any implementations of those recommendations. This was one of them; it is cost-neutral. Does the Minister agree that this could be the engine of change—it could be the outlier—that actually gets those recommendations put into place?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I am grateful to the hon. Lady for highlighting this issue through her Bill. We have not yet had the opportunity to debate it, but I know she met Ministers earlier in the year to discuss it. She has mentioned the Taylor review. We are committed in the very near future to doing that, and we are considering self-employment, especially with regard to shared parental leave, how we can benefit and more people taking it up.

Damien Moore Portrait Damien Moore (Southport) (Con)
- Hansard - - - Excerpts

7. What the timetable is for bringing forward a tourism sector deal under the industrial strategy.

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Ian C. Lucas Portrait Ian C. Lucas (Wrexham) (Lab)
- Hansard - - - Excerpts

22. If he will make an assessment of the (a) adequacy of terms of the proposed sale of Crown post offices and (b) effect of that sale on sub-post offices.

Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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While the Government set the strategic direction for the Post Office, they allow the company the commercial freedom to deliver this strategy as an independent business. The 74 Crown branches are being franchised to WHSmith, either on-site or through relocation to a WHSmith store. There will be no reduction in the number of branches from the franchising with WHSmith.

Hugh Gaffney Portrait Hugh Gaffney
- Hansard - - - Excerpts

I am a proud member of the Communication Workers Union and a former postal worker. The Minister has said in written answers to Members that the privatisation of the Post Office is a commercial decision for the Post Office and that the Government only set the strategic direction. Nevertheless, the Post Office has decided to privatise these Crown branches and is using tens of millions of pounds of public money to bankroll it. This is a disgraceful situation. When will the Government start exercising some basic financial oversight?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I am sorry, but I entirely disagree with the hon. Gentleman. We have no closure programmes. I should add that under Labour’s management of the Post Office its network shrank by 37%, which resulted in 7,000 closures, and that in the first five years of Labour Government the Post Office went from being in profit to having losses of more than £1 billion.

James Frith Portrait James Frith
- Hansard - - - Excerpts

Let us have another look at this, shall we? Seventy-four of the public’s post offices are being privatised without the permission of the public. WHSmith is already advertising minimum wage part-time roles to take over post office counters, while consultations on those jobs have yet to be completed. Can the Minister imagine what it must feel like for your job to be under consultation and to face possible redundancy, with the job already advertised for someone else? Will she intervene and call this practice out, as a matter of principle?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

Let me first highlight the fact that there are no Crown post offices in the hon. Gentleman’s constituency.

Franchising is one of the measures to support and maintain the long-term sustainability of our network of 11,500 post offices throughout the country. As I said, the network was reduced under the last Labour Government, but we are committed to the Post Office and to keeping those branches open.

Ian C. Lucas Portrait Ian C. Lucas
- Hansard - - - Excerpts

Restrictive practices are preventing my constituent Mr Avi Bungar from providing various post office services because he runs a sub-post office. Why are the Government giving big business WHSmith a sweetheart deal and preferential Crown post office terms, and preventing sub-postmasters from having the same?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I respect the fact that the hon. Gentleman has experienced issues in his constituency in relation to a particular post office, but to set a long-term sustainability programme for the Post Office against potential postmasters is quite frankly wrong. This is part of a sustainable programme that will enable us—this Government—to keep 11,500 post offices open, to increase, via the Post Office, the pay to which post office workers are entitled, and to give them longer hours and better locations.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
- Hansard - - - Excerpts

9. What steps he is taking to ensure that value for money is achieved from energy generated from proposed new nuclear power stations.

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Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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Pubs make a major contribution to the economy and to community life. That is why the Government are supporting pubs through measures such as the beer duty freeze and the business rates retail discount announced in the Budget.

Toby Perkins Portrait Toby Perkins
- Hansard - - - Excerpts

That does not really answer the question of why 7,000 pubs have closed since 2010, so I encourage the Minister to address that when she returns to the Dispatch Box. To be more positive, she will have seen that the all-party parliamentary group on pubs is bringing about a parliamentary pub of the year award, so I encourage her to nominate a pub in her constituency and to join us and the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for Rossendale and Darwen (Jake Berry), on 15 January to find out which is Britain’s greatest parliamentary pub.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I recognise the hon. Gentleman’s concern and his work in this area over a long period of time. He is a champion for the sector. There are several reasons why there may be pub closures, which is why we are acting to freeze beer duty and address small business rate relief. We estimate that 75% of pubs will benefit from the reductions announced in the Budget. To answer his second point, I will happily attend the event on 15 January, if possible.

None Portrait Several hon. Members rose—
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Stephen Timms Portrait Stephen Timms (East Ham) (Lab)
- Hansard - - - Excerpts

T4. Eighty-two per cent. of young people from disadvantaged backgrounds, many with immense potential, say that they find business to be inaccessible. I tabled early-day motion 1807 in support of the Movement to Work charity for young people. How will Ministers help to unleash the entrepreneurial potential of young people from all backgrounds?

Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
- Hansard - -

The right hon. Gentleman raises a great question, and this is one of the things we are working on. The British Business Bank is working on start-up loans, and there are initiatives that work on enterprise in the school setting. I left school and went into an unofficial apprenticeship, and I think that we should all get behind such schemes and apprenticeships, because getting into work really can deliver the entrepreneurial spirit that people need.

Kevin Foster Portrait Kevin Foster (Torbay) (Con)
- Hansard - - - Excerpts

Last week, the first new major hotel to be built on Paignton seafront in decades was approved, bringing with it £40 million of investment. What role does my right hon. Friend see the industrial strategy playing in supporting more high-value investment in Torbay’s tourism industry?

Neil Gray Portrait Neil Gray (Airdrie and Shotts) (SNP)
- Hansard - - - Excerpts

T6. Given that the regulation of fireworks is reserved to this place and that there appears to be a spike in the use of fireworks as part of antisocial behaviour and violence, including of late in Plains, Shotts and Airdrie in my constituency, what cognisance will the UK Government take of the Scottish Government’s consultation on regulating fireworks so as better to inform how best to regulate the sale and use of fireworks?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I thank the hon. Gentleman for his question, which is timely just after fireworks night. The Government do not have any plans to change the legislation, but I am always willing to look at new evidence and to discuss the issue with hon. Members.

Steve Double Portrait Steve Double (St Austell and Newquay) (Con)
- Hansard - - - Excerpts

Lithium extraction has the potential to make a significant contribution to the aims of our industrial strategy, as well as being a huge boost to the Cornish economy. May I invite the Secretary of State to meet businesses that are seeking to exploit this new opportunity? If he would like to come to Cornwall to do that, he would be very welcome.

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Jamie Stone Portrait Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
- Hansard - - - Excerpts

The post office in my home town of Tain was closed and moved into a newsagent. There is not room to swing a cat there, although the staff are excellent. Will Her Majesty’s Government look again at the dimensions and layout of post offices as and when they are amalgamated with retail businesses?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I do not know the particular setting that the hon. Gentleman refers to, but I am more than happy to meet him to discuss the matter so that I can raise his concerns directly with the Post Office.

Kirstene Hair Portrait Kirstene Hair (Angus) (Con)
- Hansard - - - Excerpts

We recently heard the disappointing news of the closure of the Michelin factory in Dundee, with the company citing cheaper imports as the reason. It will cause the loss of 845 jobs, many of which will be in my constituency. Will my hon. Friend assure me that the industrial strategy will look into ways to support traditional industries as well as new technologies?

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Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

What a challenge, Mr Speaker. Small and medium-sized enterprises create lots of employment throughout the whole United Kingdom of Great Britain and Northern Ireland. What is the Minister doing to improve broadband so that SMEs can improve and employ even more people?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

The hon. Gentleman is quite right that we need to improve broadband, which is an integral part of delivering our productivity challenge. We are making sure that businesses have in place all the infrastructure they need to thrive and survive.

Tom Pursglove Portrait Tom Pursglove (Corby) (Con)
- Hansard - - - Excerpts

Will the Minister update the House on recent progress towards a steel sector deal?

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Lisa Nandy Portrait Lisa Nandy (Wigan) (Lab)
- Hansard - - - Excerpts

For 134 years, Wigan Crown post office has been the anchor of our high street and the beating heart of our community. It survived two world wars and one global financial crash; why can it not survive eight years of Tory Government?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

As I have said repeatedly during this questions session, we are not closing post offices. If the hon. Lady has a particular problem in her constituency, I am more than happy to hear her concerns about that individual case, but we are not closing post offices. We are taking a sustainable approach to make sure that we achieve and maintain those 11,500 branches throughout the UK.

Bob Blackman Portrait Bob Blackman (Harrow East) (Con)
- Hansard - - - Excerpts

What action is the Minister taking to promote the development of small-scale modular nuclear reactors so that we can diversify the energy supply?

Draft Textile Products (Amendment) (EU Exit) Regulations 2018

Kelly Tolhurst Excerpts
Monday 19th November 2018

(6 years ago)

General Committees
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Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
- Hansard - -

I beg to move,

That the Committee has considered the draft Textile Products (Amendment) (EU Exit) Regulations 2018.

It is a pleasure to serve under your chairmanship, Mr Hosie. The draft regulations, which were laid before the House on 10 October, will be made under the powers conferred by the European Union (Withdrawal) Act 2018. They form part of the wider programme of work to adjust our existing legislative framework in readiness for leaving the European Union. While we remain optimistic of reaching a Brexit deal that is of mutual benefit to the UK and the EU, it is the duty of a responsible Government to prepare for all scenarios. That is why we are bringing the draft regulations, and other such instruments, to the House. The regulations are part of contingency planning to ensure that our consumer legislation continues to function effectively after exit day.

Maintaining a comprehensive framework of consumer rights is crucial for prosperity. Household expenditure accounts for about 60% of the UK economy. In 2016, retail sales stood at £800 million for textile stores and £40 billion for clothing stores. Confident consumers help to raise productivity and deliver an economy that works for everyone.

The draft instrument amends EU regulation 1007/2011 on textile fibre names and related labelling and marking. The EU regulation prescribes labelling or marking that must be applied to textile products to inform consumers of the product’s textile fibre composition and the presence of non-textile parts of animal origin, such as fur.

Gareth Thomas Portrait Gareth Thomas (Harrow West) (Lab/Co-op)
- Hansard - - - Excerpts

Confident consumers need confidence that regulations are enforced. Will the Minister explain how the regulations are enforced at the moment, and how she envisages the draft regulations being enforced if they are needed?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

The EU regulations are currently enforced by the individual member states of the European Union, of which we remain one. Our enforcement is currently carried out via trading standards at regional and local level, in conjunction with our National Trading Standards force. That is the system that will be in place if we approve the instrument.

The EU regulation also empowers the European Commission to approve new textile fibre names and to modify technical provisions, such as testing methods. The draft regulations also modify the Textile Products (Labelling and Fibre Composition) Regulations 2012, which set out enforcement provision for the EU regulations in the UK.

The European Union (Withdrawal) Act retains in UK law EU regulation 1007/2011 in its entirety on exit day, but once the UK leaves the EU, the EU regulation will no longer apply to textile products placed or made available on the UK market. To maintain high consumer protection, the draft regulations make essential changes to ensure that requirements to indicate the fibre content of textile products and non-textile parts of animal origin continue to apply after our exit from the EU. The draft regulations also remove provisions that will no longer be relevant, such as requiring a label to be in an official language of the European Union. After exit, the label must be in English.

The draft regulations also transfer the power currently exercised by the European Commission to approve new fibre names, tolerances—the difference between the fibre composition on the product label and the actual composition demonstrated through testing—and testing procedures to a UK Secretary of State. This is necessary because after the UK leaves the EU it will no longer be appropriate for the European Commission to approve new textile fibres for the UK market. Repatriation of the functions will enable the UK to amend its textile labelling requirement to take into account innovation and technical advances in the textiles sector.

Chris Stephens Portrait Chris Stephens (Glasgow South West) (SNP)
- Hansard - - - Excerpts

My question is similar to that asked by the hon. Member for Harrow West. Will the Minister give us some assurances about what protection there will be against cheap textile copies being imported if the UK leaves the European Union?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

As I outlined, we already have a strong enforcement regime exercised by trading standards at local level. Also, trading standards and the Office for Product Safety and Standards work at the borders making checks on products coming into the marketplace that may not be legal under the regulations. That will continue.

After EU exit, businesses will be able to apply to a UK Secretary of State to have a new fibre name adopted for the UK market, just as they can now apply to the European Commission. Finally, to maintain higher levels of consumer protection, the powers and penalties applicable to breaches of the EU regulation will be retained after EU exit. The regulations make only minor amendments to the UK textile labelling regulation to ensure that there are no references to the EU process: for example, they remove the need for the Secretary of State to have regard to the penalties for breaching the EU regulation in EU member states when carrying out a review of the regulation.

The draft regulations deliver certainty and stability for consumers and business—a key objective for the Government.

Gareth Thomas Portrait Gareth Thomas
- Hansard - - - Excerpts

Further to my earlier intervention, and the intervention by the hon. Member for Glasgow South West, trading standards has been one of the areas of local authority services hardest hit by cuts. Do the Government have any plans to increase funding for trading standards, so that consumers can genuinely have confidence that in the brave new world that hon. Lady imagines, consumers will not suddenly lose out?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

The hon. Gentleman raises an important point. It is true that the Government are committed—I am particularly committed—to enforcement and to a trading standards service that carries out its required role. There is, as the hon. Gentleman knows, a consumer Green Paper. We are looking at ways to improve services, and a key priority for me is how trading standards are working nationally. I am extremely aware of the issue, and I recognise the importance of the service as we leave Europe, in whatever way that happens.

Gareth Thomas Portrait Gareth Thomas
- Hansard - - - Excerpts

The hon. Lady has given an interesting answer—but to a different question. I asked specifically whether she envisages more funding for trading standards, and I press her gently to be more specific.

None Portrait The Chair
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Order. I think we will make that the last question specifically about trading standards, as it goes slightly beyond the scope of the regulations.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

The hon. Gentleman has asked about funding and, as I outlined in my previous answer, this is an area I am particularly interested in and focused on in relation to trading standards enforcement. We will be looking at the consumer Green Paper, and if I envisage changes being made, I will bring them to the House.

Consumers will experience no practical change as a result of the draft regulations, as after EU exit textile products will continue to be labelled as they are now. Businesses sourcing textile products from UK manufacturers, or importing those products from outside the EU, will experience limited change in the labelling regulations that they must comply with. That will also be the case for UK manufacturers. Businesses importing textile products from within the EU will become responsible for ensuring the accuracy of the labelling or marking of textile products. However, as the UK and EU textile labelling regimes will be very similar at the point of exit, UK businesses can import textile products safe in the knowledge that EU suppliers understand the shared requirements of the UK regulations.

To support innovation, businesses wishing to have a new fibre name approved will need to apply to a UK Secretary of State. It should be noted that in the last seven years, only two new fibre names have been adopted by the European Commission.

Guidance for business and consumers on the changes that the regulations will bring into effect has already been published in the consumer technical notice. The explanatory memorandum also provides business and consumers with further details of the changes that would be made in the event of a no-deal scenario. To help businesses to understand how to comply with the requirements of the regulations, further guidance will be published in due course

In conclusion, the regulations are a sensible and necessary use of the powers in the European Union (Withdrawal) Act 2018 that will ensure that our consumer law continues to function effectively on exit day. I therefore hope that the Committee will approve the regulations.

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Kelly Tolhurst Portrait Kelly Tolhurst
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The draft regulations are made under the powers conferred by the European Union (Withdrawal) Act 2018. They form part of the wider programme of work to adjust our existing legislative framework in readiness for leaving the EU.

As the talks progress, we have made a decisive step forward. We have agreed in principle the terms of the UK’s orderly exit from the EU, as set out in the withdrawal agreement. We have also agreed the broad terms of our future relationship, as set out in the outline political declaration. This puts us close to a Brexit deal—a deal that realises the benefits of Brexit and lets us focus on the big domestic issues that face our country. While we remain optimistic of reaching a Brexit deal that is of mutual benefit to the UK and the EU, it is important and prudent to have in place a regulatory and legislative framework should we leave without a deal. This draft instrument ensures that.

I have demonstrated that the draft regulations are necessary to ensure that textile labelling requirements continue to work effectively in the UK immediately after exit day. The draft regulations deliver vital certainty and stability for consumers and businesses alike. Consumer spending is, and will continue to be, critical to the United Kingdom’s economy. In 2016, retail sales stood at £800 million for textiles stores and £40 billion for clothing stores, as I have already mentioned.

Let me respond to some of the questions raised by the hon. Member for Sheffield, Brightside and Hillsborough. As I mentioned in response to interventions, the Government are committed to the consistency and continuation of the protection of consumers. In the consumer Green Paper, we are looking at ways to strengthen that and to make sure that we operate in the best way possible for the safety and rights of UK consumers. I am sure that in the future I will bring forward further measures that make sure that we protect and benefit consumers in this country.

On the mechanisms in the draft regulations to change the retained EU regulation, any changes would be made by the Secretary of State and would need to be made through a statutory instrument. The hon. Lady talked about enforcement. I have tried to outline for the Committee the fact that the Government are extremely committed to the protection of consumers. I am committed to it, as the Minister responsible.

Trading standards has an important role in enforcement and in giving consumers the comfort they need in relation to accepting that products placed on the market meet the regulations. One of my priorities and one of the Government’s priorities is to make sure that we work strongly as we can to enforce the rules. I am sure that as we leave Europe we shall look at other ways to make improvements for consumers and offer business the comfort of being able to get advice on regulations, and of the fact that the regulations can be enforced.

The hon. Lady also mentioned testing. Today we are agreeing on the regulations going into UK law for exit day. Under the new regulations the testing regime will come under the Secretary of State and we will need to issue further guidance on the UK testing formula. She is right about the highly technical issues relating to textile testing. We would have to make our approach to that extremely clear.

I hope that I have been able to answer some of the hon. Lady’s questions. I think that what has been said highlights the importance of the statutory instrument in continuing to set out clearly the requirements for textile labelling for the UK market, and in ensuring the smooth functioning of the sector.

Question put and agreed to.

Climate Change: Extreme Weather Events

Kelly Tolhurst Excerpts
Tuesday 13th November 2018

(6 years ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
- Hansard - -

It is a pleasure to serve under your chairmanship, Ms Dorries. I congratulate the hon. Member for Bristol North West (Darren Jones) on securing today’s important debate, and I wish him a happy birthday. I am pleased to respond to today’s debate, and I note his creditable concerns regarding climate change and extreme weather. I assure him and other hon. Members that the Government take those issues seriously. A Government’s first duty must be to guarantee the safety of their citizens. That is why the Government are taking steps to limit the causes of climate change and to prepare for the impacts of extreme weather.

The science is clear: our world is warming, and will warm further as emissions of greenhouse gases continue. Climate change is one of the greatest global challenges of our time, but it is a large-scale and long-term problem that it is often hard to grasp. Today’s debate touches on important points. It is often through local and immediate extremes of weather that we notice what is happening—record temperatures, droughts or downpours, or fewer, milder cold snaps. As the hon. Gentleman highlighted, around the world we have seen striking examples of extremes in recent months: the drought in Cape Town, wildfires in Alaska, and record-breaking rain over Texas from Hurricane Harvey to name just three.

In the UK we are not immune. As my hon. Friend the Member for Richmond Park (Zac Goldsmith) identified, fresh in our minds is this year’s summer, which led to discomfort for many elderly and vulnerable people, and problems for farmers growing food. Provisional statistics from the Met Office showed it to be the joint hottest on record, together with 1976, 2003 and 2006, and one of the top 15 driest. Also, the winter floods of December 2015 and January 2016 involved the most intense rainfall at a national scale on record. Storm Desmond killed three people, contributed to severe flooding of more than 5,000 homes and businesses, and left more than 60,000 people without power in the north of England.

The risk in talking about extremes is that we rely on anecdotes—memorable events that might not really be part of a trend. Of course, not all extreme weather is directly because of climate change. That is why it is important to have recent, careful analysis by the Met Office, which shows that many extremes in the UK are indeed changing compared with the period 1961 to 1990. In the last 10 years we have seen higher maximum temperatures, longer warmer spells, lower minimum temperatures, and more rainfall on the wettest days. Those changes are consistent with a warming world.

The Met Office report was funded by the Government as part of our ongoing support for world-leading science. Thanks to cutting-edge research by scientists around the UK, the link between global warming and extremes is becoming clearer, even at the level of individual events. In Texas last year, the record rainfall during Hurricane Harvey led to 80 deaths and 100,000 flooded homes; researchers at Oxford University have found that human influence on the climate tripled the chance of that rainfall. To give an example closer to home, the scorching Europe-wide summer of 2003, which led to 70,000 deaths, was made twice as likely by climate change, according to studies by the Met Office. What is more, such summers are projected to become the norm by the 2040s.

The Government have a duty to protect our citizens, which means ensuring that the UK is resilient to damaging weather. We are therefore investing £2.6 billion between 2015 and 2021 in England in 1,500 new flood defence schemes to better protect 300,000 homes. When extreme weather is on the way, the Met Office makes weather warnings available to the public. Through the national risk register, we ensure co-ordinated emergency responses to possible major incidents, including flooding, storms, low temperatures, heavy snow, heatwaves and drought. We are also working to help other countries to deal with extreme weather. We have endorsed the UN’s Sendai framework for disaster risk reduction, which sets out targets and actions to reduce existing risks and prevent new ones, including risks from climate change.

We not only have measures in place to deal with today’s risks of flooding, drought, storms and heatwaves, but are actively planning for the changing risks that the future climate will bring. Last year, colleagues in the Department for Environment, Food and Rural Affairs published the second national climate change risk assessment, and this July they produced the second national adaptation programme to address the key risks that they identified. Later this month, with the Met Office, DEFRA will publish UKCP18, a new set of UK climate projections that will be a key tool to help Government, businesses and the public to make climate resilience decisions.

It is vital that we maintain our resilience to present and future weather, but that is not enough. Unless we limit climate change, we will face ever-increasing risks, some of which we cannot simply adapt to, as last month’s report by the Intergovernmental Panel on Climate Change on global warming of 1.5° C made clear. My Department is therefore leading steps to cut the UK’s emissions of greenhouse gases while growing the economy. We are also encouraging other countries to do the same.

The UK was a vital player in securing the 2015 Paris agreement, which has been a game changer in bringing pledges of action from nearly all countries and collectively raising ambition. At this year’s UN General Assembly, the Prime Minister spoke about the importance of global co-operation and the value of such multilateral agreements.

We are among the world’s leading providers of international climate finance, having committed at least £5.8 billion between 2016 and 2020. That finance, which is mobilising further public and private finance globally, is helping developing countries to deal with the impacts of climate change by taking action as well as reducing emissions.

The UK is a world leader in reducing emissions. We were the first country to introduce a long-term, legally binding emission reduction target through the Climate Change Act 2008. Since 1990, we have cut emissions by more than 40% while growing the economy by more than two thirds—the best performance per person of any advanced nation.

Just last month, we held the first ever Green GB Week, with more than 100 events nationwide that demonstrated the strength of the UK’s commitment to a cleaner world: we hosted the European launch of the 1.5° report by the Intergovernmental Panel on Climate Change, dozens of companies made pledges, the London Eye was lit green and it was even mentioned on “EastEnders”.

Our ambitious clean growth strategy sets out our plan until 2032 for decarbonising the UK economy, on the path to our target emissions reduction of at least 80% by 2050. However, we are not resting there. In the light of the IPCC’s report, we have joined with the Scottish and Welsh Governments to ask the independent Committee on Climate Change for advice on the UK’s long-term emissions target, and on whether we should move to a goal of net zero emissions. We will consider that advice carefully when it is complete in March next year. Going low carbon is not only good for the environment; we also see it as good for business, which is why we have put clean growth at the heart of our modern industrial strategy.

I thank my hon. Friend the Member for Richmond Park for his speech. He is a passionate campaigner on the subject and has a long track record of raising these issues in Parliament. On international work, I should point out that we invested £3.87 billion between 2011 and 2016 in our multi-agency international climate finance programme and, as I have outlined, we have committed a further £5.6 billion. We spent £1.4 billion on adaptation projects between 2013 and 2016 and have helped 47 million people to cope with the effects of climate change since 2011. That has helped to deal with extreme weather, which is a priority for developing countries. The Government’s climate finance aims for a balance between adapting to climate change and limiting emissions. The Department for International Development leads several projects and delivery programmes to improve overall resilience to extreme weather.

On deforestation and overseas development, we support countries in taking steps to protect natural forests and make economies more sustainable. With Germany and Norway, we pledged £5 billion between 2015 and 2020 to incentivise ambitious behaviour such as Partnerships for Forest programmes, which catalyse forest-friendly businesses, creating employment in Asia, Africa and Latin America.

My hon. Friend the Member for Richmond Park raised the issue of deforestation in Brazil. The UK and Brazil have a close dialogue on issues of mutual interest and concern globally and bilaterally. Brazil receives the third largest UK climate finance contribution in Latin America, the majority of which goes to forests and land use projects.

Hon. Members mentioned our influence and our work with global partners. The Government played a key role in securing the agreement of 195 countries to the landmark 2015 Paris agreement, and we remain fully committed to its implementation. We disagree with the US decision to exit that agreement.

Time is short, but let me touch on just a few other points raised by hon. Members. I thank my hon. Friend the Member for Richmond Park for highlighting the work of my right hon. Friend the Member for Devizes (Claire Perry) as Minister for climate change. Sadly, she cannot be present to respond to the debate, but I know that she would have enjoyed the challenge. I thank the hon. Member for Strangford (Jim Shannon) for raising a wide range of topics relating to the impact on all aspects of our lives. I reassure him that climate change is part of the curriculum for young people.

I thank the hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) for raising an issue relating to the trains in his constituency, which I understand must be particularly stressful for him as a constituency MP. I can tell him that the Department for Transport is working to build improvement and plan resilience, but I encourage him to engage directly with the DFT.

Finally, to touch on a point made by the hon. Member for Kilmarnock and Loudoun (Alan Brown), the Government take this issue very seriously. That is why we have a Minister for climate change who attends Cabinet meetings and is heard at the highest level. Unfortunately, that is why she is not able to be present to respond to the debate.

I thank all hon. Members for their thoughtful contributions to the debate. The Government will continue to work to deliver a clean, resilient and prosperous society for all our constituents. I believe that everyone in this Chamber would agree with that.

Nadine Dorries Portrait Ms Nadine Dorries (in the Chair)
- Hansard - - - Excerpts

Mr Jones, you have less than a minute.

Parental Leave for Parents of Premature Babies

Kelly Tolhurst Excerpts
Tuesday 13th November 2018

(6 years ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Pritchard. I congratulate the hon. Member for Croydon North (Mr Reed) on securing this important debate and thank him for his passionate speech.

I sympathise greatly with the experiences of parents of premature babies, especially those whose children spend extended periods in neonatal intensive care. I am sure we all have personal experience of friends or constituents who have been in this situation. I absolutely understand the hon. Gentleman’s point and sympathise. I assure the Chamber that this Government are committed to supporting working parents, including those of premature babies.

The UK’s system of maternity leave is one of the most generous in the world. Pregnant women and new mothers are entitled to take up to 52 weeks of leave as a day-one right and up to 39 weeks of statutory maternity pay, if they are eligible for pay. In the case of premature births, eligible fathers and partners have the flexibility to take up to two weeks of paternity leave and pay within eight weeks of the expected date of birth, rather than within eight weeks of the actual date of birth, if they wish.

Employed parents also enjoy other employment rights that enable them to take time off work following the birth of their child or agree a working pattern with their employer, which gives them the flexibility to combine work with caring for their child. Subject to meeting eligibility requirements, employed parents now have the right to request flexible working and the right to take shared parental leave and pay. Shared parental leave and pay enable eligible couples to share up to 50 weeks of leave and up to 37 weeks of pay. They can use the scheme to take up to six months off work together or, alternatively, stagger their leave and pay so that one of them is always at home with their newborn child. They can also have periods of leave within periods of work. Parents can use this flexibility to take time off work according to their and their baby’s needs—for example, fathers and partners might wish to take time off work when their child is born and later in the first year.

We are also undertaking a short, focused internal review of provisions for parents of premature babies. We expect to conclude that in the new year.

Dan Poulter Portrait Dr Dan Poulter (Central Suffolk and North Ipswich) (Con)
- Hansard - - - Excerpts

One of the issues that I hope the Government will look at in the review is the voluntary conduct of employers and whether they want to support additional leave for parents of premature babies. We must remember that a baby could be born at 24 weeks, which is many months before its due date. The problem with voluntary codes is that, although some employers might be exemplars, many might not be. What more can the Department do to ensure that all employers recognise the special needs of parents in this difficult situation?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

My hon. Friend is absolutely right. Voluntary codes are there to try to change culture and to give businesses and employers the opportunity to do the right thing in the best way they can.

As I was saying, we are undertaking a short, focused review of provisions for parents of premature babies. We will work with ACAS to see whether we can improve the guidance. When the outcomes of that review have concluded in the new year, the Government will hopefully be able to come back with further activity and make further provisions.

Steve Reed Portrait Mr Reed
- Hansard - - - Excerpts

I am grateful for the Minister’s comments so far. Early in the new year, when she has the full details of the assessment of the pilot that ran until October, will she keep an open mind as to whether legislation is required?

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Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I always have an open mind about everything, but we are conducting a review, which is being led by officials. We are looking at the impact and at what we can do. My officials are engaging with the charity—

Steve Reed Portrait Mr Reed
- Hansard - - - Excerpts

The Smallest Things.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

Exactly—it is in the hon. Gentleman’s constituency. I hope to review what comes forward and to be able to come back. I look forward to discussing the outcomes with him at that time. My officials have already had productive and informative meetings with The Smallest Things and Bliss, and will be meeting the parents of premature babies this month.

It is important to strike the right balance between giving parents the flexibility that they need and giving their employers and co-workers the certainty that they need to plan. It will be important to canvass the views of organisations representing employers, particularly small businesses.

Steve Reed Portrait Mr Reed
- Hansard - - - Excerpts

One of the problems with premature birth is that it is difficult to plan for—the fact that it is premature means that people do not necessarily know that it will happen. I met one father who was required by his employer to go back to work the day after his baby was born prematurely. I am sure that the Minister agrees that his baby needed him more that day than his employer.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I take the hon. Gentleman’s point, and that is one reason we are conducting the review. We are aware, and we want to be able to assess what we can do more of and what needs to happen to support that group of individuals.

I am aware that the parents of premature babies have several issues to contend with, particularly in cases where their child is very premature. I am keen to explore what more can be done to support parents in that position. The review will inform our policy, and I hope the fact that we are undertaking it reassures the hon. Gentleman that we are far from complacent and that we are already taking steps better to understand the needs of parents and employers in this situation. As I have outlined, I look forward to discussing the review’s findings with him in due course and I will ensure that that happens.

I thank the hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for Morley and Outwood (Andrea Jenkyns) for their interventions on the hon. Member for Croydon North. It is good to see other hon. Members supporting the hon. Gentleman on the issue. I hope they will be able to engage further as we look at and come forward with the findings of the review that we are undertaking.

We are committed to creating more flexible and supportive work environments for parents. In the last few years, we have taken important steps towards that, from introducing shared parental leave and pay to mandatory gender pay gap reporting for large employers. Although our maternity leave policies are some of the most generous in the world and can cater for a wide range of circumstances, we want to gain a better understanding of the difficulties faced by the parents of premature babies and we are already conducting that work. I thank the hon. Gentleman for raising this important issue. I would be delighted to meet with him at any time to discuss it further.

Question put and agreed to.

Ending Seasonal Changes of Time (Reasoned Opinion)

Kelly Tolhurst Excerpts
Monday 12th November 2018

(6 years ago)

General Committees
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Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr McCabe. I thank my hon. Friend the Member for Mid Dorset and North Poole for explaining the reason for today’s debate. I also thank the European Scrutiny Committee for its report and for requesting a debate on the Commission’s proposal to discontinue the practice of daylight saving time. I am grateful to all members of the European Scrutiny Committee for their work. I was once on that Committee, so it is a pleasure to stand here as a Minister and be quizzed by Members.

I assure the Committee that the Government take these matters very seriously. Let me be clear: the UK Government have no plans to change daylight saving time, and Ministers are actively working to convince other member states to block the proposal. My colleague the right hon. Lord Henley was at the EU meeting in Graz in Austria recently to set out the concerns of the Government and the UK Parliament, of which there are many, and to work with other member states on the proposal. Portugal and Greece supported the Government’s position at the EU meeting in Austria, while a further five member states had not reached a conclusion.

On the background of the proposals, for some time several member states in the eastern part of the EU have been lobbying for the abolition of daylight saving time. In response to lobbying from those member states and increased interest from the European Parliament, the Commission agreed to review the summertime directive. That review included a public consultation, which took place in July and August this year. According to the Commission, the result sent a clear message: of the 4.6 million respondents, 84% no longer want the clocks to change. Yet, as is often the case with closer scrutiny, that one statistic does not reveal the full picture. Nearly 85% of respondents came from just three member states, as my hon. Friend the Member for Mid Dorset and North Poole highlighted. Despite that, President Juncker wasted no time in declaring in his “State of the Union” address that the clock changes must stop, and that the Commission would introduce proposals regarding the summertime directive.

Turning to the principles of subsidiarity and proportionality, in areas of shared competence, such as that under discussion, the European Union can introduce proposals but must do so within the constraints established in article 5 of the treaty on the functioning of the European Union—namely, that such European Union action must be both necessary and add value in a way that would not be better achieved by the member states. There is a crucial difference between the proposal under discussion and previous similar ones: although they sought to advance the harmonisation of time in line with the objectives of the treaties, this new proposal starts from an existing position of harmonisation.

In that context, any proposal seeking to make changes to the current arrangements should be supported by clear evidence of the benefit for the Union, member states and their citizens. Yet the Commission’s impact assessment provided absolutely no detail of the potential impact of the changes it proposed, beyond the summary of literature that already exists. In my view, that literature is inconclusive.

It may be reasonable to suggest that the work would be better carried out by the member states, but the Commission’s timetable is unworkable and would not allow member states to conduct those activities with the necessary rigour and depth. The Commission states in its own proposal that the current body of evidence is inconclusive on energy saving, overall health impacts and implications for road safety, and that technological advances in agriculture have largely offset the destructive effect of biannual time changes.

Providing a reasonable timeframe for member states to carry out a proper consultation and impact assessment would have gone some way to remedy the lack of evidence. However, under the current proposal, member states are expected to conclude the work and all the necessary domestic measures to implement the directive by 1 April 2019. On those points, the Government share the concerns of the European Scrutiny Committee. The European Commission has not presented a compelling case on the need to legislate on this subject in order to further advance the objectives of the treaty.

The Commission believes that the proposal does not go beyond what is necessary to continue to safeguard a properly functioning internal market as regards time arrangements, yet the existing directive already ensures harmonisation of time across the Union and the Commission does not demonstrate how the proposal would enhance that.

Let me conclude by reaffirming the Government’s position. We have no plans to change daylight saving time and we are working with other member states to oppose the proposal, because we believe the current system works for citizens in the UK. I again thank the European Scrutiny Committee for instigating this interesting discussion, and for the valuable points raised in the report.

None Portrait The Chair
- Hansard -

We have until 5.37 for questions, although we do not have to take all that time. We do not want speeches or statements.

Michael Tomlinson Portrait Michael Tomlinson
- Hansard - - - Excerpts

I am grateful to the Minister for the clarity she has given in her statement. As she knows, the United Kingdom had one of the lowest response rates to the consultation. Does she have any information on how many responses were submitted from the United Kingdom, and how much support there was for each of the options presented?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I do not have the particular detail of how many respondents there were from the UK, but I am more than willing to share that afterwards with my hon. Friend.

Bill Esterson Portrait Bill Esterson (Sefton Central) (Lab)
- Hansard - - - Excerpts

In her statement the Minister said that the Government have many concerns, but I did not pick up what they were. She mentioned some of the things that the Commission said, but could she spell out the Government’s concerns about the proposed change in time rather than the procedural stuff?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

My statement clearly laid out the Government’s concerns. First, the proposed timeframe is not acceptable. Secondly, we are not proposing to change summertime. Thirdly, it should be for member states to make such decisions, but this directive starts from a position of harmonisation. Those are just some of the many concerns.

Michael Tomlinson Portrait Michael Tomlinson
- Hansard - - - Excerpts

Does the Minister know, or could she find out in due course, whether the Government intend to carry out their own consultation, given that we might be obliged to implement the directive if it sticks to its current timetable?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

Currently we do not intend carry out a consultation. We are working with other member states to block the proposal. Obviously, we will respect the implementation of EU rules while we are still a member but at this moment in time we do not want to consult because we are fundamentally against the proposed clock changes.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

To clarify: with my previous question, I hoped that the Minister would tell us the Government’s concerns about the impact of the change on the economy, society, business, the voluntary sector, schools and other areas. Could she spell those out?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I thank the hon. Gentleman for his clarification. He raises an incredibly important point. One of the reasons that we are against the proposal is that we do not know what its impacts will be. The European Commission has not, as far as we are concerned, properly assessed them, and we have not been able to do so, either, in such a short timeframe. To implement this change in such a short timeframe would not be practical when we do not know the impact it would have across the country.

Darren Jones Portrait Darren Jones (Bristol North West) (Lab)
- Hansard - - - Excerpts

If the EU proceeds with this proposed change but the UK does not, will the Minister confirm whether Northern Ireland and Ireland would have different times, and what would that mean for the people of Northern Ireland?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

That is why we are having this debate. The United Kingdom is working with member states in the negotiations, and others have joined us in opposing the proposal. Some member states have yet to give their firm position on whether they will accept the proposal. Responsibility for the time zone is, of course, reserved to Great Britain. If we ever needed to change the clocks, we would, obviously, consult widely within the United Kingdom before making any decision.

Stella Creasy Portrait Stella Creasy (Walthamstow) (Lab/Co-op)
- Hansard - - - Excerpts

The Minister says that the Government are working with other member states to block the proposal but, further to the question asked by my hon. Friend the Member for Bristol North West, what will the plan of action be if they are not successful in doing so?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

The Government’s course of action at the moment is to be successful—we are still hopeful that we will be able to block the proposal, thanks to what I have outlined in my statement—but if not, we would work with the devolved administrations and would consult widely. One of the reasons for our objection is the timeframe, which is very short, and other member states have said that other elements are completely unworkable. We have support from different member states and they share some of our concerns.

Nick Smith Portrait Nick Smith (Blaenau Gwent) (Lab)
- Hansard - - - Excerpts

Does the Minister think that the provision in the Bill presented by the hon. Member for Castle Point (Rebecca Harris) in the last Parliament but one—that the clocks should go forward to Greenwich mean time plus one hour in the winter and to GMT plus two hours in the summer—would be a good idea, as that would reduce road traffic accidents and save lives? Does she think a similar proposal might be made in the future?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

As hon. Members will know, during the second world war, we had GMT plus two hours at one point, before that changed in 1968 to 1971, and again in 1972. I take the hon. Gentleman’s point; many Members of Parliament and other bodies have suggested that a change in the time zone could have an impact on road safety. Currently, we are not consulting within the UK on whether to change the clocks; we are working with other EU member states to block the proposal, full stop.

Stella Creasy Portrait Stella Creasy
- Hansard - - - Excerpts

It would help to understand what the Minister’s plans are to alert the public, should she be unsuccessful in blocking the proposal. Could she tell us a little bit about what work has been done? For example, there is a very real risk that if she is not successful, the people of Northern Ireland and Ireland could face different time zones across that border. What work has she done to alert people to that consequence, given the short timetable that she has set out?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

First, it is not the timetable I have set out, but the European Commission’s timetable. Fundamentally, that is one of the reasons we object to the proposal, because we do not feel the timeframe is workable. That is obviously backed up by other member states. I have written to the devolved Administrations to get their position. Given the short timeframe, we need to work. It has been accepted by many that a delay of two years would be preferable for member states to do the necessary consultation to implement any potential new directive that comes from the European Union. At that time, once a decision is made, we will look to ensure that we communicate with people.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

Following on from the initial question that my hon. Friend the Member for Walthamstow asked, can the Minister spell out for us what the procedure is for this proposal being blocked, if the reasoned opinion is supported by the Committee today? How does that get support? Is it a system of majority voting, do we have a veto or is it another system? Can the Minister tell us how this would be allowed to go through or stopped, whichever is more likely, and give us a few scenarios?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

Obviously, we at the stage where member states are debating the proposal and making their positions clear. What I have already outlined is that we are working with other member states to get the European Commission to change its proposals. At such time, there will be a position where all member states will either agree or disagree with the proposal.

Stella Creasy Portrait Stella Creasy
- Hansard - - - Excerpts

The Minister says she has written to the devolved Administrations as the means by which she is alerting the public in Northern Ireland and Ireland about these issues. Obviously, the devolved Administration in Northern Ireland does not exist at the moment; this House has just passed legislation to give powers to the Secretary of State for Northern Ireland to issue guidance. Can the Minister tell us what guidance the Secretary of State has issued to the Northern Ireland civil servants on this matter?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

On specific guidance, as I have already said, at this moment we have alerted devolved Administrations to this proposal. We are working to block the proposal and a decision on guidance has yet to be made. I have written to the devolved Administrations to ask for their opinions; I have not issued any guidance.

Michael Tomlinson Portrait Michael Tomlinson
- Hansard - - - Excerpts

Further to the question asked by the hon. Member for Blaenau Gwent about his preference on what the time changes should be, does the Minister agree that it should be up to this House to debate each of those proposals, and that that is the whole point of this reasoned opinion? It is not for the EU to dictate to us what our time arrangements should be; it is up to this House to debate them fully in due course. That is the whole point of issuing the reasoned opinion.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I thank my hon. Friend for his comments. I agree that this House should decide whether we are to change our clocks. That is why the Government’s position is that, as it stands, we have no plans to change the clocks for summertime. That is why we are working with other member states to try to effectively block this proposal in the European Commission.

Stella Creasy Portrait Stella Creasy
- Hansard - - - Excerpts

I am sorry to press the Minister further, but obviously there is no devolved Administration in Northern Ireland at this moment. She says she has written to the devolved Administrations, but when it comes to the question of a different time zone across the Irish and Northern Irish border, will she clarify who she has written to? Given that the Secretary of State can now issue guidance to civil servants in Northern Ireland about what to do, is the Minister confirming that that has not actually happened yet?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

As I have said, there is not yet something to issue guidance on, because a decision has not yet been taken. With regard to the matter of time zones and Northern Ireland, the hon. Lady is quite right that there is no functioning Executive in Northern Ireland, but the time zone is actually a function for Great Britain; it is something that we have here in Westminster. I have written to the other devolved Administrations to ask their opinion; of course, any particular time difference between Ireland and Northern Ireland going forward would be something that we would be addressing as these talks progress. As I have told the hon. Lady categorically, I have issued no guidance to Northern Ireland.

Richard Drax Portrait Richard Drax (South Dorset) (Con)
- Hansard - - - Excerpts

May I just add my little point? Frankly, it is none of the EU’s business.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

Thank you.

Nick Smith Portrait Nick Smith
- Hansard - - - Excerpts

May I ask the Minister if she thinks it is a good idea to bring clocks forward to save lives?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

First, I would say that it is rather an unfair question to ask me whether a clock change would save people’s lives. If the hon. Gentleman was able to provide me with evidence to suggest that that might be the case, it might alter my personal position. I highlight to him the fact that the Government’s position is clear: we are not looking to change the clocks as they stand at the moment.

None Portrait The Chair
- Hansard -

Let me point out that we are not engaged in a debate at this stage. That comes later; we are still in questions to the Minister.

None Portrait The Chair
- Hansard -

I should just point out that we are not supposed to repeatedly ask the same question. I shall invite the Minister to respond, but I would ask hon. Members to bear in mind that we do not repeatedly put the same question.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I have written, as a Minister, to the devolved Administration. My officials have written to the officials in Northern Ireland. I have not issued any direct guidance. I hope that that finally answers the hon. Lady’s question.

Nick Smith Portrait Nick Smith
- Hansard - - - Excerpts

May I just ask the Minister to take a peek at the evidence provided by the Royal Society for the Prevention of Accidents, which quite clearly supports the case I have made today and which may influence her thinking in future?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I thank the hon. Gentleman for his clarification. I still believe that his original question was slightly unfair, but as he will know I do engage, as the Minister with responsibility for consumer protection, with organisations concerned with accident prevention. I recently had a forum with those organisations; we are looking at ways in which we can protect consumers and the general public.

None Portrait The Chair
- Hansard -

If there are no further questions, we will now move on to the debate on the motion.

Motion made, and Question proposed,

That this Committee considers that the draft Directive of the European Parliament and of the Council on discontinuing seasonal changes of time and repealing Directive 2000/84/EC (European Union Document No. 12118/18 and Addendum 1) does not comply with the principle of subsidiarity for the reasons set out in Chapter 1 of the Forty-Second Report of the European Scrutiny Committee (HC 301-xli); and, in accordance with Article 6 of Protocol No. 2 of the Treaty on the Functioning of the European Union on the application of the principles of subsidiarity and proportionality, instructs the Clerk of the House to forward this reasoned opinion to the Presidents of the European Institutions.—(Kelly Tolhurst.)

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Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I thank all hon. Members for this interesting and important debate, and the European Scrutiny Committee for its report. I welcome the opportunity to discuss these proposals from the Commission and the Government’s position.

I will highlight a few of the issues raised by hon. Members. We are indeed leaving the European Union next year, as the hon. Member for Sefton Central was right to highlight. He is also absolutely right to request, if there were any proposals to change the times, that the Government carry out an impact assessment on energy, health, agriculture and road safety. The details would be available once the assessment was complete.

I am happy to update the European Scrutiny Committee on progress on this directive. The hon. Member for Walthamstow is absolutely right to raise the Northern Ireland issue, which the Government are taking into consideration; it would be very tricky and the Northern Irish people would not want to live in a different time zone from southern Ireland. We have to work through some of those issues, which is why we are keen to work with all member states to ensure that we can block the proposal.

The UK Government have no plans to change daylight saving time. The hon. Member for Glasgow North is right to raise the specific problems that the change would cause for the people of Scotland because of the daylight times there. Quite rightly, if the UK Government were ever in a position to make any changes, the Scottish people would be consulted. In this instance, we are acting as the United Kingdom and working with other member states to oppose the proposal. To recommend issuing a reasoned opinion is not a matter to be taken lightly. As hon. Members will be aware, the Lords EU Internal Market Sub-Committee conducted a subsidiarity assessment of the proposals, and many of its conclusions reflect the discussions that we have had today. It reinforces the assessment that by bringing forward the proposals in such a manner, the Commission has failed to act within the principles of subsidiarity and proportionality.

Question put and agreed to.

Post Offices (North Yorkshire)

Kelly Tolhurst Excerpts
Tuesday 6th November 2018

(6 years ago)

Westminster Hall
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Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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It is a pleasure to serve under your chairmanship for the first time, Sir David.

I congratulate my hon. Friend the Member for Harrogate and Knaresborough (Andrew Jones) on securing this debate on post office services in North Yorkshire. He has been an energetic and passionate advocate of post office services in his constituency. Post offices play such a vital role at the heart of our local communities, so it is only right that we have opportunities to debate the Post Office and the services it provides locally. The Government recognise and value the economic and social importance of post offices, in particular to communities in North Yorkshire. That is why our manifesto made a commitment to safeguard the post office network and to support the provision of rural services.

I point out that I am the Minister with responsibility for post offices, so it is right for me not only to champion the Post Office but to listen to hon. Members’ concerns. I, also offer challenge directly to Post Office Ltd in our role as its Government owner. I will first look at some facts.

Between 2010 and 2018, the Government provided nearly £2 billion to maintain and invest in a national network of at least 11,500 post offices. Ninety per cent. of the UK population must be within one mile and 99% within three miles of their nearest branch. Government investment has enabled the modernisation of more than 7,000 branches, added more than 200,000 opening hours per week and established the Post Office as the largest network trading on a Sunday.

Kevin Hollinrake Portrait Kevin Hollinrake
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Will the Minister give way?

Kelly Tolhurst Portrait Kelly Tolhurst
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I will make some progress first.

Post office banking services enable 99% of personal and 95% of business banking in any one of 11,500 branches, supporting consumers, businesses and local economies in the face of accelerated bank closures. Financial performance has improved, as my hon. Friend the Member for Harrogate and Knaresborough outlined, from a loss of £120 million to a trading profit of £35 million in financial year 2017-18, thereby reducing Government funding from £415 million in 2013-14 to £50 million by 2020-21.

I encourage the House to look objectively at those facts. They clearly show that the network is at the most stable it has been in a generation. All that has been achieved notwithstanding increasingly challenging trading conditions in the Post Office’s core markets and in the wider retail sector. The Post Office offers a huge range of products and services to the UK public, while ensuring that those services remain at the heart of towns and villages throughout the country. In doing so, it offers great value for money for the taxpayer.

Finally, we recognise that changing consumer behaviour presents a significant challenge for small retailers, including the many postmasters up and down the country. In the Budget last week, therefore, we announced a one-third reduction in small retailers’ business rates bills for two years from April 2019. A retailer could save up to about £8,000 per property per year, which will benefit a range of retailers, including post offices.

Rachael Maskell Portrait Rachael Maskell
- Hansard - - - Excerpts

Will the Minister look specifically at the case of York’s Crown post office? It is in a prime location in our city for both residents and tourists. Will she look at it in the light of it being a profitable post office, so that the whole business case is properly reviewed?

Kelly Tolhurst Portrait Kelly Tolhurst
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As I said before the debate, I am happy to look at York specifically in the future, asking any questions that the hon. Lady might have of Post Office Ltd directly.

I appreciate that the proposed changes to the delivery of post office services can cause much concern to the communities affected. Post office branches, however, are not closing but are being franchised, whether on site or to be relocated to high streets. Franchises typically provide the same range of post office services as those offered at Crown branches.

Working with a retail partner is a sensible response to the challenges faced by our high street retailers, with the benefit of shared overheads across the combined post office and retail business, including property and staff costs. Franchising is a part of the Post Office’s strategy to ensure that the network is secure, sustainable and successful in the long term. In fact, more than 90% of post offices throughout the UK are operated successfully by independent businesses and retail partners.

Moving the directly managed Crown offices to retail partners has helped to reduce the losses in part of the network from £46 million as recently as four years ago to break-even today. I must stress that franchising is not about closing branches, but about moving a branch to a lower-cost model while continuing to offer high-quality service, more convenient hours and better locations. I understand that my hon. Friend the Member for Harrogate and Knaresborough has questioned location, and we can look at that, but Citizens Advice found that franchised branches deliver the same or better standards of service to the customer.

Regarding the recent WHSmith announcement, the communities of Harrogate and Knaresborough, as well as other communities in North Yorkshire, are not losing their post offices, which will be relocated to WHSmith branches, making services more accessible to customers.

Kevin Hollinrake Portrait Kevin Hollinrake
- Hansard - - - Excerpts

The Minister makes a good point on the Government’s support for the post office network. The concern is where, because of the closure of banks, post offices end up being the only physical premises at which someone can bank. If the Government were to withdraw their support, those towns will have no banking service. Can we do more either to stop banks closing the last branch in a town, or to give longer-term support to post offices to ensure that that does not happen?

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

My hon. Friend makes an important point about the role that post offices play in the banking sector. As he knows, the Post Office and the banks have an agreement about the enjoyment of post office facilities for use in offering services traditionally provided by high street banks. The Post Office is in negotiation with the banks to renew that agreement. As the Minister responsible, I have been clear about what I believe: the Post Office needs to benefit; customers need to benefit from a banking framework; and the banks need to accept their responsibility for the role now being played by post offices.

For example, those WHSmith changes will add four and a half hours to the opening time of the Harrogate branch in the constituency of my hon. Friend the Member for Harrogate and Knaresborough. Rest assured, however, that the existing branches will continue to serve the community until the changes are finalised by the Post Office.

My hon. Friend is right that the Coal Bath Road post office closed on 1 October. Post Office Ltd is committed to delivering a new partner or provider for that branch. There have been commercial issues with regard to provider and post office. Sometimes, unfortunately, contractual matters get in the way, but I absolutely accept that it is something we want to deliver.

With regard to the process, my hon. Friend is right that Post Office Ltd will carry out the consultation from tomorrow. Again, I request that anyone who can puts in a response to the Post Office, because it has to look at the consultation to ensure that it answers the questions and deals with the concerns expressed by the community. I will, however, raise the questions of process directly with the Post Office. He is right to challenge me as the Minister responsible to pass that challenge on to the Post Office.

The Post Office runs local consultations to engage local communities and to help shape its plans. That is in line with its code of practice on changes to the network. Citizens Advice reported that the process is increasingly effective, with improvements agreed or reassurances provided in most cases, demonstrating that the Post Office listens to the community. I know that the Post Office will continue to engage with local communities and to consider all options to ensure provision of sustainable post office services before its plans are finalised.

My hon. Friend wants the Post Office to consult on the concept of franchising before it consults on any new locations. However, these decisions must be commercial ones for the business to take within the parameters set by Government to ensure we protect our valued network. Post offices operate in a competitive environment and we should allow the business to assess how best to respond to the challenges it faces in order to meet our shared ambition of securing post offices for the future.

On the reduction of services that my hon. Friend thinks is taking place, he is correct that the biometric enrolment for UK Visas and Immigration, which is currently available at 99 branches, is not easily transferrable. He is absolutely right that that agreement is directly with the Home office, and it will obviously cause him concern.

I understand my hon. Friend’s concerns about first floor access for the disabled to the WH Smith and that post office, and about car parking. We need hon. Members to challenge the Post Office about those directly to ensure that it provides accessible centres within our communities.

Finally, the Government are completely committed to ensuring that we strengthen and support our post office network throughout the UK. To date we have done that effectively and kept branches open, of which I and the Government should be proud. We have seen a reduction, but we should celebrate what we have done.

We want our post offices to remain at the heart of our communities. We want them to provide services that are more accessible for our communities. They have always been at the heart of our communities and I hope they remain so. As the Minister responsible, I assure my hon. Friend that I will do my best to ensure that the Government—the owner of Post Office Ltd—duly represent our constituents regarding any issue he raises about the post office network. I am happy to have further conversations with my hon. Friend over the next few weeks as the consultation progresses. I will happily meet him and any other hon. Member any time to discuss the consultation and any changes.

I thank my hon. Friend for securing this debate. It has been an opportunity to challenge the new franchise system but also to celebrate what the post office system is doing and the value that post offices bring to our communities. Without them, we would be in a very different place. It is absolutely right that the Government continue to back the Post Office. I thank my hon. Friend for giving me the opportunity to mention the individuals who work within the post office network, who are integral to ensuring that those services are delivered day in, day out throughout the country.

Question put and agreed to.

Business Update

Kelly Tolhurst Excerpts
Monday 29th October 2018

(6 years ago)

Written Statements
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Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
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I am writing to inform the House that the Government are pleased to accept all the Low Pay Commission’s recommendations for the new National Living Wage and National Minimum Wage rates, which will come into force in April 2019.

The Low Pay Commission is an internationally renowned independent and expert body which conducts extensive analysis and stakeholder research to make its recommendations.

The Low Pay Commission has recommended that:

the National Living Wage (for workers aged 25 and over) should increase from £7.83 to £8.21;

the rate for 21 to 24-year-olds should increase from £7.38 to £7.70;

the rate for 18 to 20-year-olds should increase from £5.90 to £6.15;

the rate for 16 to 17-year-olds should increase from £4.20 to £4.35; and

the apprentice rate (for apprentices aged under 19 or in the first year of their apprenticeship) should increase from £3.70 to £3.90.

The Low Pay Commission has also recommended that the accommodation offset increases from the current rate of £7.00 to £7.55 from 1 April 2019.

We welcome the Low Pay Commission’s recommendation of an increase to the National Living Wage rate such that it remains on path to reach 60% of median earnings by 2020 subject to sustained economic growth.

The new National Living Wage rate of £8.21 will be the highest ever UK minimum wage and benefit around 2.4 million workers.[1] From April 2019, a full-time minimum wage worker will see their earnings increase by over £2,750 over the course of the year, compared to when the NLW was introduced in in April 2016.

The Low Pay Commission’s recommendations for the National Minimum Wage youth rates are well ahead of forecast inflation.

These increases are due to come into effect from April 2019, subject to parliamentary approval. The Government intend to lay implementing regulations before Parliament in due course.

A copy of the response will be available from the BEIS website at: www.beis.gov.uk.

[1] Details to be provided in the Low Pay Commission’s upcoming 2018 report.

[HCWS1047]

Public Holidays on Religious Occasions

Kelly Tolhurst Excerpts
Monday 29th October 2018

(6 years ago)

Westminster Hall
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Kelly Tolhurst Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
- Hansard - -

It is a pleasure to serve under your chairmanship for the first time, Mrs Main. It is also a pleasure to follow the hon. Member for Ellesmere Port and Neston (Justin Madders) as Opposition spokesperson for the first time. It is good to be here.

I pay tribute to the hon. Member for Linlithgow and East Falkirk (Martyn Day) not only for introducing the debate on behalf of the Petitions Committee, but for his thoughtful and informative speech. I thank the other hon. Members who have taken part, particularly my hon. Friend the Member for Harrow East (Bob Blackman). It was great to hear how he led the charge for a similar debate in 2014. He is a big champion of the diverse community in Harrow East. I am also grateful to the people who signed the e-petitions that have brought us here today.

I am proud that we are one of the world’s most successful multi-ethnic, multi-faith societies. We should all be proud of that diversity, which is at the heart of our economic success. It has made us the strong, vibrant nation we are today.

The Government welcome the celebration of Diwali, Eid and other religious festivals. This year, the festival of Diwali will take place on 7 November and I send my best wishes to everyone who will be celebrating in Britain and around the world. Downing Street will host its Diwali celebration on 15 November.

Bob Blackman Portrait Bob Blackman
- Hansard - - - Excerpts

I am sorry to interrupt the Minister, who is rightly extolling the virtues of Diwali. We will be celebrating Diwali in Parliament on Wednesday. I have the honour of hosting the event on the Terrace. She and all hon. Members are welcome to join us between 4 o’clock and 6 o’clock. Equally, as she is keen to understand the importance of these days, I invite her to join me on Hindu new year’s day, when I shall be visiting no fewer than 11 temples and celebrating with the people who are celebrating that key day.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

I thank my hon. Friend for the invite. Last year or the year before, I attended a similar event, so I look forward to attending this year. I also thank him very much for his invitation to visit 11 different temples; I am not too sure whether I can agree to that at this point, but—

Bob Blackman Portrait Bob Blackman
- Hansard - - - Excerpts

One is enough.

Kelly Tolhurst Portrait Kelly Tolhurst
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One is enough, but I thank my hon. Friend for his invitation. As he highlighted earlier, many parliamentarians throughout the country will celebrate that day with their constituents, as he will, and they will ensure that they are present at a lot of these events.

As Members will know, the current pattern of bank holidays is well established. There are eight permanent bank and public holidays in England and Wales. Scotland has nine and Northern Ireland has 10. The Banking and Financial Dealings Act 1971 allows for dates to be changed or other holidays to be declared. This allows for holidays to be declared to celebrate special occasions or one-off events.

The Government regularly receive requests for additional bank and public holidays to celebrate a wide variety of occasions. Recent requests have included public holidays to commemorate our armed forces, to mark particular royal events and to celebrate certain sporting successes. We carefully consider every request that we receive.

Although the hon. Member for Linlithgow and East Falkirk has made a powerful case today, the Government do not believe that it is necessary for such extra bank holidays to be declared, for reasons that I will now outline. First, the costs to the economy of introducing new public holidays are considerable. The most recent assessment of an additional holiday for the diamond jubilee, which has been spoken about today, showed a total cost to employers of around £1.2 billion. Depending on the nature of the holiday that is being proposed, costs may be partially offset by increased revenues for businesses in the leisure and tourism sectors, and by a boost in retail spending. However, it is not expected that public holidays for Eid or Diwali would result in an increase in tourism.

Although bank holidays have become widely observed, workers do not have a legal right to take time off for specific bank holidays or to receive extra pay for them; that depends on the terms of their employment agreement and contract. In the UK, full-time workers receive a minimum annual leave entitlement of 28 days. That is a combination of eight days to represent bank holidays and the EU minimum annual leave of 20 days. The extra eight days of leave do not need to be taken on bank holidays themselves, giving workers flexibility. Many employers offer extra leave entitlement on top of the statutory minimum.

It is at the heart of the Government’s quality of work agenda to encourage employers to respond flexibly and sympathetically to any requests for leave, including for religious holidays. The relationship between the worker and the manager is a key aspect of good quality work. Part of a sound relationship is mutual respect and a willingness to accommodate a worker’s religious or cultural commitments.

I will now touch on a few points that the hon. Member for Linlithgow and East Falkirk made. Discrimination in the workplace is not tolerated and is completely unacceptable, so I was very sad to hear about some of the issues that he raised and about some of the feelings that individuals have expressed, which he referred to in his speech.

The hon. Gentleman made an interesting point about swapping religious festivals, but, as I outlined earlier, people do not necessarily have to take bank holidays off, so there is flexibility with the annual leave entitlement for people to make use of that time on their own particular religious holidays.

However, the heart of the argument is around making sure that we do all we can, as a Government, to ensure that employers are sympathetic to the needs of their workers. As everyone who has spoken here today has outlined, the key to the success of companies and businesses is the happiness of their employees. As a Government, we will continue to encourage business to respect people’s views and meet their needs.

The hon. Member for Strangford (Jim Shannon) raised the issue of education, which is an important part of this debate. I can only speak about my own experience from when I was at school. Even then, in the ’70s—well, in the ’80s, I should say—[Interruption.] Yes, I was at school in the ’80s. Actually, I benefited at my comprehensive school from a really good religious education, which did not just focus on Christianity; it covered all the other major religions that are present in this country, too. So I found that, both at school and after I left school, I was in an environment that was very multicultural, even in the ’80s, and I believe that I left school with a good understanding of many of the religions that we have spoken about today. Nevertheless, that is something that we must keep abreast of, and I am sure that the Department for Education will welcome the questions that have been put to it today.

I will just mention a couple of points that my hon. Friend the Member for Harrow East made. He is a strong champion for his constituency and it was great to hear him also talking about Jewish holidays and his constituency. He mentioned the need for employers to understand and to be sympathetic to the needs of particular individuals, and we will continue to monitor that.

I thank the hon. Member for Harrow West (Gareth Thomas), who is another strong champion for his constituency, for his contribution. However, even though he was very determined that he wants to increase the number of public holidays, I am yet to be convinced about the type of extension that he suggested. Nevertheless, it was great that he was able to make his point.

Finally, I will touch on the contribution by the hon. Member for Ellesmere Port and Neston. As I have outlined, we receive a lot of requests for different holidays. We have had requests for St George’s day and an “EU independence” day, and very recently there was a request regarding Harry and Meghan’s wedding. I am sure that the requests for new bank holidays will continue as time goes on, and I am also sure that all the constituents out there would always relish the thought of another day off work. The hon. Gentleman also talked about employers’ awareness of religion, and that is key to what I will come on to later.

I noticed that the hon. Gentleman mentioned that bank holidays could be directly relatable to the productivity of employees, and I think that is a theory that might be tested. However, he also mentioned that with our move to new technology, such as artificial intelligence and robots, there will definitely be job losses. The Government are committed to ensuring that we can provide an economy, a workplace and the skills and jobs that will keep people employed. I am not yet convinced that we need to establish more bank holidays on the back of that change, but he probably has a counterargument.

I will make two quick points to address some of the hon. Gentleman’s other comments. First, I understand that he has asked some questions around the assessment of the cost of bank holidays. Since I became the Under-Secretary of State for Business, Energy and Industrial Strategy, I have not done that assessment, but it would be an interesting area to consider. However, I would always argue that the costs that have been established could be, in reality, potentially higher, so it would be interesting to see who was right and who was wrong on that point.

Regarding our leaving Europe, we have been clear on workers’ rights. As we leave Europe, this Government have been clear that we will not make any concessions in relation to the workers’ rights that we already have, and that we want to ensure that our workers’ rights are protected and built upon. I think that the Prime Minister has been very clear on that.

On the hon. Gentleman’s comment about self-employment, and self-employed people not necessarily being able to benefit from bank holidays, the whole essence of being self-employed is around the flexibility of work; self-employed people are not subjected to the same restraints as full-time employees with regard to their holiday entitlement. So, although he makes a point around self-employment, self-employed individuals actually have a lot more flexibility than others do, particularly to enjoy the religious festivals that they may want to observe.

Justin Madders Portrait Justin Madders
- Hansard - - - Excerpts

The point about self-employment is that many people are genuinely self-employed, but a group of people, particularly in the gig economy, do not have the same flexibilities. It is the situation of those people that I wanted the Minister to address.

Kelly Tolhurst Portrait Kelly Tolhurst
- Hansard - -

Flexibility is key for self-employment, but with regard to the group of people he mentions who are working on such contracts, there is a ban on exclusivity and those individuals are still given the opportunity to request the holiday that they are entitled to as flexible workers with accrued holidays.

In our industrial strategy, the Secretary of State for Business, Energy and Industrial Strategy took responsibility for reporting on and improving the quality of work across the UK. That was a key recommendation of the Taylor review of modern employment practices. In his review, Matthew Taylor set out an overarching ambition that all work in the UK economy should be fair and decent, with realistic scope for development and fulfilment, and that is an ambition of this Government. Although being in employment is vital to people’s health and wellbeing, the quality of the work is also a major factor in helping them to remain healthy and fulfilled.

We know that working flexibly helps people to balance their work and personal lives. Certain approaches to flexible working can allow people to build up additional leave entitlements, to use however they choose. Such flexibility is vital in creating an inclusive economy. Employees with 26 weeks’ continuous service already have the right to request flexible working. That accounts for more than 90% of employees, which sends a clear signal that flexible working is a normal practice for anyone in the workplace and not limited to those with caring responsibilities. The Government would like to take that further. We announced earlier this month that we will consider a new duty on employers to advertise all jobs as flexible, turning the tables on flexible working from something an employee might consider requesting into something an employer will consider offering.

Britain is a great place to live. However, we cannot ignore the fact that in too many parts of our country, communities feel divided. The Government are fully committed to the principles of freedom of religion and belief. I am proud that this country has in place some of the strongest protections in the world to allow people to practise their faith or belief. More than that, we understand that faith communities make a valuable contribution to our society by creating strong social networks, supporting vulnerable people, undertaking charitable work and providing education. We continue to support interfaith work as a means of breaking down barriers between communities and building greater trust and understanding.

Since 2011, the Government have funded the Church Urban Fund’s near neighbours programme, which brings people from diverse faiths and backgrounds together to increase trust and understanding. More than 1,600 local community integration projects have been funded, across 40 local authority areas, and more than a million people have benefited. We also fund the work of the Inter Faith Network for the UK, to facilitate dialogue between faith communities and run the annual interfaith week.

Our industrial strategy commits us to doing more to address the under-representation of people from minority ethnic backgrounds in the labour market. That is good for society and good for business. The McGregor-Smith review estimated that equal employment and progression across ethnicities could be worth £24 billion to the UK economy per year. I encourage employers to look at the review. It provides concrete actions that can be taken to identify and tackle any workplace barriers. As an example, it sets out how staff networks can be a forum for the discussion of how a business can take account of holidays or festivals in an equitable way.

On 11 October, Business in the Community published a one-year-on report on progress against the review’s recommendations. Although there were areas of progress, and significant effort from the Government and employers, I was disappointed to see that that was not always reflected in employees’ lived experiences. One in four employees from a minority ethnic background had witnessed or experienced racial harassment or bullying from managers in the previous two years—an appalling statistic. Only 35% of people felt comfortable talking about their religion in their organisation, and only 38% felt comfortable talking about race. We must ensure that workplaces are comfortable places for the discussion of difference, so that everyone can contribute their perspectives and experiences.

The Prime Minister launched the race in the workplace charter on 11 October, through which organisations sign up to five practical calls for action to ensure that they are tackling barriers faced by people from ethnic minorities in the workplace. The charter builds on a number of the recommendations of the McGregor-Smith review, and I encourage employers to sign up to it.

All this afternoon’s contributions have been informative and respectful. It has been a great debate and I thank all the constituency MPs who have spoken. I know that there will be disappointment that the Government have been unable to support the e-petitions for public holidays for Eid and Diwali, but I have welcomed the opportunity to set out our commitment to a fair and flexible workplace for all. Once again, I thank the hon. Member for Linlithgow and East Falkirk for introducing the debate today.