Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill

Debate between Kevin Foster and Kevin Hollinrake

Ping Pong: House of Commons
Friday 15th March 2019 Commons Chamber

[Kevin Hollinrake]

My hon. Friend will be aware from his legal background that marriage or civil partnership affords both members of a couple additional rights to a position where they are just cohabiting. It may well be the case that some people are more comfortable in a civil partnership, and through the Bill they can effectively grant each other greater rights in case there is ever the need for them due to any unforeseen circumstance.

[Kevin Foster]

I agree, and as always my hon. Friend brings his expertise in that industry to the Chamber. Yes, this does create tenancy rights, and again I do not see any reason why extending this to mixed-sex civil partnerships would have any different impact on the landlord-tenant relationship from that which same-sex couples and civil partnerships have had.

This Lords amendment is very welcome, and I want to reflect briefly on one of the points made by my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton): that this does not force a religious organisation to offer civil partnerships. If a Church decides it wishes only to offer marriage in a sacramental sense, it still has that choice. This is not about taking away anyone’s right or ability or forcing someone to offer something they do not wish to offer; it is about extending choice to those who currently do not have it.

I appreciate that not everyone wants to get married in church; that is not the right option for everyone—although for me it was. Not everyone necessarily wants to have the institution of marriage, given what some people foresee as its historical position. I personally profoundly disagree; I believe it is about a unique partnership that puts two people together for life, and that is very special.

My mother passed away in 2014, but my father would still see himself as married to my mother today, five years after her death. My grandparents were together for 57 years prior to my grandmother’s death. For them it was something that was unique and very special, and it signified what they meant to each other. I accept that for my family that was achieved through religious marriage in church, whereas for others it would be through the choice of a civil partnership which they feel better reflects their lifestyle or the choices they wish to make. I do not see why now in the 21st century the law should not allow them that opportunity. No one is not going to be able to get married because this has passed; it just gives people a choice.

Parental Bereavement (Leave and Pay) Bill

Debate between Kevin Foster and Kevin Hollinrake

3rd reading: House of Commons & Report stage: House of Commons
Friday 11th May 2018 Commons Chamber

[Kevin Hollinrake (Thirsk and Malton) (Con)]

My hon. Friend is making some strong points. He will be aware that there is already a requirement for employers to give reasonable time off when people suffer such tragedies but, as he says, the Bill seeks to ensure that the employers who would not normally be generous and sympathetic also give people the time off that they need at times of great tragedy and grief.

[Kevin Foster]

My hon. Friend is right that a reasonable employer will behave differently from the type of person at whom the legislation is aimed. To be blunt, the legislation will target the sort of person who adopts the employment practices of Scrooge and Marley—an admittedly small number of employers—but I do not want the Bill to offer a get-out for people who may want to act inappropriately. We must ensure that Parliament’s intention is clear in the legislation that we pass.

--- Later in debate ---

[Kevin Foster]

I take the points my hon. Friend is making. As I said at the outset, I fully support the Bill—I have no intention of giving a five-hour speech as an attempt to talk it out. When it comes to the key moment, I will not seek a decision on these amendments if that would endanger the Bill. However, it is right that we have this discussion today so that Ministers can listen to the opinions of the House. Sadly, tribunals and courts will be called on to interpret the Bill, but our discussion means they will be able to see clearly that Parliament was not setting a maximum and saying that the provision should stop there, but deciding where the floor—the minimum—should be.

[Kevin Hollinrake]

My hon. Friend is making some excellent points. The Bill has an impact on the Treasury, with an annual cost of about £3.2 million, because the taxpayer—not the Treasury itself, clearly—will be picking up the tab for the statutory pay element. We have to take that key consideration into account. We must also consider costs for businesses, especially small businesses, as they will suffer the effects more than larger businesses. Small businesses find it much more difficult to cater for absence. As there is already a predicted cost of £2.6 million a year for small businesses, does my hon. Friend agree that we need to strike a balance by taking into account the interests of both business and the individuals who suffer these tragedies?

[Kevin Foster]

Obviously my hon. Friend is right to say that a balance needs to be struck. On issues such as how much leave there should be, who this applies to and how it applies, we need to strike a balance against cost, particularly to small businesses. It is worth pointing out, as my hon. Friend the Member for South Suffolk (James Cartlidge) rightly mentioned, that many small businesses are likely to be the most reasonable with their employees in any case.

My hon. Friend the Member for Thirsk and Malton is a great champion of small businesses in this Chamber. Sometimes we rightly talk about not wishing to impose this cost or that cost, but a lot of the time we find that some of the worst examples of poorer employment practice are in one or two larger employers, where a rigid rule is applied fiercely to try to squeeze the last pound out, whereas smaller businesses work more as a team. If we walked into the room and were asked to guess who the owner of a small business was, we would not be able to do so, as the business works as a collective. I can think of hotels in Torbay where the owner of a hotel that is worth millions can be found serving the spuds, as the hotel does silver service—they do literally every job in the hotel, as well as being the owner and manager. However, I accept that there is a balance to be struck.

--- Later in debate ---

[Kevin Hollinrake]

rose—

[Kevin Foster]

I think that I am about to hear it now, so I happily give way.

[Kevin Hollinrake]

I am happy to come back on this point. We are clearly dealing with a minimum here. We expect employers to be—our evidence absolutely supports the fact that they are—generous and sympathetic in such situations. Many of them give full pay and provide whatever time is needed for the parent to try to recover—or to move on—from the tragedy. We are trying to cater for the isolated numbers of employers who do not take that approach. We believe that one in 10 does not provide a sympathetic and generous policy when these things happen. So we are trying to strike a balance while sending a signal to those employers that they should be generous and sympathetic in such situations.

[Kevin Foster]

I take on board my hon. Friend’s point, but legislating is not just about sending a signal—we can do that by tabling a motion, making a speech or putting a question to a Minister. This is about setting down a piece of law that is not signalling what employers should do, but telling them what they must do. He is right to say that the Bill will not make much difference at all to 90% of employers. The small business that works as a team and the larger employer that values its staff will be able to sit back and think, “This is pretty much what we do already,” with the exception that the Bill provides for statutory parental bereavement leave and for the taxpayer to make certain payments. The Bill is about dealing with that 10%.

--- Later in debate ---

[Kevin Foster]

I recognise that for some employers, particularly microbusinesses in which there might be only two, three or even four employees, it is not about wanting to be nasty, but about the position of a business that is operating hand to mouth incurring the costs of agency staff and so on. That is why it is right that the taxpayer is involved in supporting people at a difficult time. I do not think that any of us object to the taxpayer sharing some of the costs of this provision, rather than it all being loaded on to employers. I accept that there is a balance between what we expect employers to do and what the taxpayer should be asked to pay for.

Having discussed microbusinesses, perhaps this is a good time to move on to amendment 8. I will be interested to hear the thoughts of the Minister and my hon. Friend the Member for Thirsk and Malton about what type of job will be covered. Many people might think, “Really? You have a job and you get paid. That’s simple enough.” Unfortunately, it is not quite that simple in the modern economy. It is not like the situation in decades past when it was perhaps quite easy to identify someone’s employer.

The Bill refers to jobs of a kind specified by regulations, and I am particularly keen to know that there will not be a sort of shopping list of the jobs covered such that if someone delivers milk in the morning, they are be fine, but if someone works on a farm milking a cow, they will not be covered because that job is not listed. My amendment deals with the question of whether someone is employed, and we have a good definition of that in law. Her Majesty’s Revenue and Customs is only too keen to define people as employed so that they can be taxed appropriately on their income from their employment.

I hope that we can explore exactly how we will cover some of the new models of employment, in which someone may not have a job with one employer but regularly works for a group. I am thinking particularly of the gig economy, in which someone might be working irregular shifts, but are to all intents and purposes an employee of an employer. How do we deal with different types of employment model? I accept that we will not be able to cover absolutely every single situation in which someone is paid to do something on someone else’s behalf. There will always be debates about how we treat self-employment. Indeed, the debate about national insurance contributions and what the self-employed are eligible to claim from the welfare and benefits system showed the difficulties with these things.

[Kevin Hollinrake]

My hon. Friend makes a strong point. The world of work is certainly changing. He will be aware of the Matthew Taylor review, which has been examining issues relating to the gig economy and how we define someone as an employee or a worker, as well as all the different categories of employment and self-employment. We want to keep options open in the Bill so that we can mirror the outcomes of the Taylor review when those issues are settled. We therefore will not have measures in the Bill that we cannot change; we will have flexibility to make sure that people who deserve to be covered by the Bill are covered.

[Kevin Foster]

I thank my hon. Friend for helping to bring some clarity to the matter. I did not want to get back to the old idea of what a “proper job” is that some of us used to hear at school. It is amazing how many people thought that certain things were proper jobs, and it has to be said that it was mostly men and that a proper job was one that was traditionally male orientated—surprise, surprise—and other things were just basic jobs. However, the sorts of jobs that were once dismissed—in care, healthcare and other areas—are vital in today’s economy, and we need people to be doing them and to see them as the type of job and career that they want to go into.

While exploring the Bill, I was concerned that we should not end up with Parliament in effect asking the Minister to draw up a list of every job he could possibly think of and every type of employment activity that could ever be done for an employer, so amendment 8 is about targeting whether someone is employed. I am conscious that we have to make sure that our language and intentions are fairly clear. We should bear in mind our brief debate on another private Member’s Bill, the Unpaid Trial Work Periods (Prohibition) Bill. Most of us would think that a trial was a very short period—perhaps an hour or two, just to see how someone mixed with a team—but the hon. Member for Glasgow South (Stewart Malcolm McDonald) gave an example of a place that had interpreted a trial as several weeks of working for nothing. Clearly, none of us would view that as a trial; the process was just about trying to dodge minimum and living wage legislation. We need to make sure that there is no opportunity to misuse what we all might think are reasonable words in the English language.

I am conscious of time and wish to give others the opportunity to speak. I shall listen carefully to the arguments made by the Minister and the Bill’s promoter, my hon. Friend the Member for Thirsk and Malton, when they speak about my amendments. I have been reassured by some of the interventions I have taken from my hon. Friend, and I thank my hon. Friend the Member for Colchester for his interventions, which have helped to clarify some points. To be clear, I will support the Bill even if my amendments are not accepted. It would not be beneficial for anyone if the Bill was not passed.

This welcome Bill will help many in the darkest times of their lives. My hon. Friend the Member for Thirsk and Malton can take great pride in the difference that his Bill will make to those people, and my hon. Friends the Members for Eddisbury and for Colchester can take great pride in how they have used their personal experience to help others who end up in the same position. I support the Bill wholeheartedly and hope that the discussion of my amendments will help to make it even better.

--- Later in debate ---

[Kevin Hollinrake]

I was pleased that my hon. Friend explained what otiose means. He is absolutely right that the Bill has been shaped as it has passed through the House. The consultation is a key part of that, and it is fair to expect that some of the Bill’s provisions will be different from those that we see today. Finally, I politely ask Members not to press their amendments to a Division and to allow the Bill to pass through the House and on to the statute book as quickly as possible so that we help more parents who suffer these terrible tragedies in their hour of greatest need.

[Kevin Foster]

It has been fascinating to listen to the past few hours of debate, and I am pleased by the discussion of the amendments tabled by my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson) and I. I was reassured to hear the Minister’s comments about the consultation, particularly that this is about setting a minimum, not a ceiling, and about practice in the civil service. I hope that the matters we have discussed today will be automatically included in the consultation, as my hon. Friend just said, without us having to write another letter stating, “As I said in the House of Commons on Friday 11 May, these are my views.” I look forward to the matter coming back for debate after the consultation has concluded, when I am sure there will be opportunities for discussion on the Floor of the House. Having listened to the Bill’s sponsor and the Minister, I beg to ask to leave to withdraw the amendment.

Amendment, by leave, withdrawn.



Third Reading

Queen’s consent signified.

Nuclear Safeguards Bill

Debate between Kevin Foster and Kevin Hollinrake

2nd reading: House of Commons
Monday 16th October 2017 Commons Chamber

[Kevin Hollinrake (Thirsk and Malton) (Con)]

It is a pleasure to follow my hon. Friend the Member for Eastleigh (Mims Davies). The Hansard editors will now have to work out how to spell “blah blah blah” as well as “blah-di-blah”.

I am a natural optimist, but if the House will allow me I want to strike a slightly cautionary note at the beginning of my speech. Leaving the European Union was always going to be difficult. We have been members of the EU, and of Euratom, for 44 years and these are some of the complexities that we will have to deal with over the coming years if we are to make a success of leaving the European Union. Additionally, the European Union was always going to be difficult about this because it does not want us to leave. The negotiations will be difficult. It is also quite clear from their recent remarks that most Opposition Members—not many of whom are present at this time of the evening—are going to be difficult and try to frustrate the process.

However, difficult and impossible are two different things. I believe that the Prime Minister is taking the right approach in her negotiations with the European Union. On the one hand, she made a conciliatory and generous speech in Florence in setting out the terms that we were prepared to work on; on the other hand, she has stated clearly and quite rightly that we will prepare for no deal. The Bill is about preparing for no deal on Euratom, although Members across the House clearly want us to strike such a deal. It is no wonder that the Opposition do not think that this is necessary. We know from the shadow Chancellor’s comments yesterday on “The Andrew Marr Show” that Labour would not accept no deal in any circumstances. That means that they would accept the worst possible deal if that was the only deal on the table. It was also made clear in Labour’s manifesto that it would accept the worst possible deal rather than walk away with no deal. That is the most naive negotiating stance I have ever heard of. The shadow Business Secretary must agree that that is not the right approach to take in any negotiations.

It is absolutely right that we should make provision in the Bill for the nuclear industry, which is very important for the UK’s economy and for our energy needs. Nuclear already supplies around 21% of our electricity, and that will grow to around 42% by 2050. As some Members will know, I have shale gas in my constituency and I am often lobbied by shale gas protesters who say that we do not have an appropriate policy on energy and renewables. I want to pay tribute to the strategic approach that the Department for Business, Energy and Industrial Strategy is taking to meeting the energy needs of this country. We absolutely have a future in renewables, and nuclear will play a key part in that.

[Kevin Foster (Torbay) (Con)]

Does my hon. Friend agree that the Bill is also about building public confidence, and that developing civil nuclear power is separate from anything being used for military purposes? That is why these safeguards are absolutely right. They make it clear that civil nuclear is completely separate from any other objectives.

[Kevin Hollinrake]

My hon. Friend is absolutely right. Civil nuclear is a key part of our energy requirements and, in turn, of our economy.

It might surprise Members—and certainly members of the wider public—to learn that the UK is the third best performing nation on the planet in the international climate change performance index. We are ahead of every country you could name apart from France and Germany. We have a strategic policy around nuclear and renewables that will continue to put this country at the forefront of the green energy industry. We are also investing in other important areas in relation to nuclear power.

The Minister recently said that the Government would continue to support the Taurus fusion project. As my hon. Friend the Member for Wells (James Heappey) said, the future capability of fusion has been talked about for some time. Indeed, when I was studying physics at Sheffield Polytechnic, which is now Sheffield Hallam University, a limitless supply of clean energy from fusion was talked about as the future. The nuclear industry of course also provides many jobs in the supply chain. My constituency—the bucolic rural idyll of Thirsk and Malton—has James Fisher Nuclear, the Derwent Training Association, which trains new generations of engineers for the sector, and many other such jobs.

All the Bill does is add a safeguarding responsibility to the safety responsibilities of the Office for Nuclear Regulation to ensure that we make good on our commitments under non-proliferation treaties. It will also implement our voluntary commitments with the IAEA. People may ask, “Can the UK have its own policy? Will it be too difficult for the UK to manage its own nuclear responsibilities or put the necessary regulations in place?” Clearly not. The Euratom countries obviously use that body to look after its nuclear interests, but most other countries do that independently. The UK has a long history of nuclear energy dating back to 1956, so we clearly have the experience and knowledge. We can, if necessary, place the current Euratom provisions under the Office for Nuclear Regulation to continue the quality, safe and robust regulations that we have been used to in this country. I commend the Bill to the House.

Oral Answers to Questions

Debate between Kevin Foster and Kevin Hollinrake

Wednesday 11th October 2017 Commons Chamber

[Kevin Hollinrake (Thirsk and Malton) (Con)]

8. What progress the Government are making on relocating outside London central Government functions.

[Kevin Foster (Torbay) (Con)]

12. What plans he has to relocate civil service jobs to cities, towns and regions outside London.