Deregulation Bill

Lord Borwick Excerpts

Tuesday 28th October 2014 Grand Committee

Moved by

[Lord Borwick]

11: After Clause 17, insert the following new Clause—
“Further exemption to Sunday trading hours: garden centres
In Schedule 1 to the Sunday Trading Act 1994 (restrictions on Sunday opening of large shops), in sub-paragraph 3(1), at end insert—“(l) any garden centre.””

[Lord Borwick (Con)]

My Lords, we know that the Sunday Trading Act 1994 means that any shop with more than 3,000 square feet can be opened for only a restricted number of hours on a Sunday. Smaller shops do not have restricted hours. This was a liberalisation although it was actually a tightening of the rules for garden centres, which now suffer because their products are necessarily spread over larger areas. What makes a garden centre unique is its inability to pile it high, unlike other retailers. Whereas a shop with a small floor space can ensure that it sells as much product as possible on Sunday by bulk stacking, that is not true of a garden centre. The products themselves need space to have light, to grow and to look attractive to potential customers. Stacking bay trees up like baked beans, carnations like cornflakes and tulips like tinned tuna would not be an appealing way to display them.

Most garden centres are family-owned businesses, many of which have been owned by several generations of the same family. There are also relatively few big chains of garden centres, with the biggest being only 140 out of the total of 2,400 or so outlets in the UK. The second biggest has 34 stores. They really are small businesses, which existing Sunday trading laws are trying to protect, so we should be ensuring that garden centres, with unnatural demands on their floor space and a tendency to remain small, family-run businesses, are allowed the same opportunities to trade on Sundays as a small retailer in another sector.

I would argue that this is also about getting people out of their houses and away from their computer screens on a Sunday. We are told that we should keep Sunday special and I agree. But we should not keep Sunday special by restricting freedom on a Sunday. Visits to garden centres should be encouraged alongside visits to church as wonderful things to do on a Sunday—lots of time outdoors with children. who are too often obsessed with their iPads. becoming interested in nature.

I know that there are concerns, not least from the shop workers’ union, USDAW, that an amendment seeking to exempt garden centres from Sunday trading laws would create a loophole. Its contention is that the lines would become blurred between what is and what is not a garden centre. What one may have traditionally thought was a garden centre may now sell a wider range of products, so large DIY companies may use a garden centre exemption as a way to open for longer on Sundays. But I am not concerned. According to a survey of its members by the Horticultural Trades Association, around 95% of garden centres have more than 20% of their trading area made up of either outdoor or covered outdoor areas.

Another consistent feature of garden centres is that the roofs of their retail buildings are transparent or translucent—usually glass. That, of course, is to allow for the effective care of live plants, which require light. It would be a huge imposition for other businesses to try to replicate those features to open for a little longer on a Sunday. Indeed, the HTA offered its own definition of what should qualify. It recommends:

“Any retailer which has at least 20% of its total retail footprint made up of outdoor or covered outdoor space, excluding car parking bays, delivery bays or buildings used solely for commercial plant production, or any retailer whose roof’s surface area is made up of at least 20% glass or similarly translucent material to enable the effective care and display of live plants”.

That seems an eminently reasonable definition. I am sure that the Minister could do even better. Again, the cost, time and burden of converting a DIY shop to fit these requirements, all for a few hours’ more trading on a Sunday, would probably not be worth it.

All this goes to show the absurdity of the Sunday trading laws more generally. Nowadays, many workers can go ahead and ply their trade on a Sunday to meet the demand of the customers whom they serve. If cab drivers, barmen and call centre workers want to make some extra cash on a Sunday, there are very few barriers in their way. Why should those people who work in shops above a certain square footage lose out?

Consumers overwhelmingly back change. A ComRes poll in March 2014 found that two-thirds of respondents backed a permanent extension of Sunday trading hours. At present, big supermarket chains create smaller-format stores simply to circumvent the law. The result is higher prices for the consumer, as a study by campaign group Open Sundays shows. The survey measured the difference in price between a basket of goods sold in a store of more than 3,000 square feet and one sold in a convenience store, which is many people’s only option on a Sunday afternoon. Prices were anywhere between 7% and 11% higher than in the larger stores. Is that why the Association of Convenience Stores argues against this amendment?

Throughout the world, the consumer is moving from high street shops to the internet. This is happening at the same time as a move from small shops to large megastores outside town. Charity shops and empty stores now dominate our high streets. If I was a shop worker, I would want my union to combat this trend, because otherwise I would eventually become redundant while our high streets die. Yet USDAW continues to campaign against Sunday trading. Indeed, its campaign could be designed to encourage buyers to use Amazon rather than a shop. The Royal Mail has announced that it is starting to deliver parcels on a Sunday, but why should a buyer not be able to get the same goods personally on a Sunday? Perhaps USDAW should take a leaf out of the postmen’s book.

We have to recognise that people have a right to choose where they shop and when, and bring the law up to date with the digital age. I beg to move.

[Lord Christopher (Lab)]

My Lords, my only interest in garden centres is as a customer; I have no other concern. I oppose the amendment. To start to erode the Sunday Trading Act in this way would be a mistake. Perhaps I may quote the right honourable Vince Cable from the time when we were embarking on the Olympics. He said:

“Any move towards the abolition of the UK’s Sunday trading laws would require new legislation, a full consultation and extensive parliamentary scrutiny”.—[Official Report, Commons, 30/4/2012; col. 1293.]

I concede that it is not on all fours, but it is perfectly clear what the right honourable Member meant. The mover of the amendment suggested that there is perhaps much that is wrong with the Sunday trading laws. Okay, let us address that, but we should not make a one-off attempt on this issue.

My second concern—I shall be rather briefer than the noble Lord—is that in moving his amendment, the noble Lord gave definitions, but there is no definition in the new clause that he is proposing. He concentrated substantially on the very small garden centres—which, God willing, will continue—but I know of very few garden centres today, privately owned or company owned, that do not sell a vast range of other commodities, everything from boots and shoes to clothing. Indeed, I have been in some places where they sell stoves and furniture. It would be a great mistake if your Lordships included this amendment in the Bill. It should be returned to, if the noble Lord wishes, as part of a much broader concern, and, in particular, there should be public consultation. The members of USDAW have as much right to say what they would wish as other people who are not intimately involved.

--- Later in debate ---

[Lord Borwick]

My Lords, I thank all noble Lords for their contribution. I wonder whether technology is stressing the consensus of 1994, which was formed before the growth of the internet age. In the mean time, however, I beg leave to withdraw the amendment.

Amendment 11 withdrawn.