Sunday Trading (London Olympic and Paralympic Games) Bill [HL]

Lord Cormack Excerpts

Tuesday 24th April 2012 Lords Chamber

[The Commercial Secretary to the Treasury (Lord Sassoon)]

My Lords, I am grateful for the opportunity to debate Sunday Trading in connection with the 2012 Olympic and Paralympic Games. The Games begin in just over three months and, on all sides of the House, we are determined to make a success of this once-in-a-lifetime opportunity. Both occasions will draw a significant number of visitors from home and abroad to the events themselves, to our tourist attractions, to our pubs and restaurants, and also to our shops.

This is an opportunity for our runners, swimmers and cyclists to showcase their talents. They will be seeking to emulate the achievements of the noble Baroness, Lady Grey-Thompson, and of the other distinguished Olympians and Paralympians in this House. It is also an occasion to show the rest of the world that the UK is open for business. We will be showcasing everything that the UK has to offer at a time when the world’s attention is on us, and that includes our retail sector. The Games offer a unique chance for everyone to sample the UK’s superb retail outlets. We have to do everything we can to fully exploit this unique opportunity in a way that fits with the schedule of the Games.

At present, however, the Sunday Trading Act 1994 limits the opening times on Sundays of certain shops with a relevant floor area of more than 3,000 square feet. In particular, the Act restricts them to opening on a Sunday for a maximum six-hour period between 10 am and 6 pm. Just imagine the situation: it is the evening of Sunday 5 August, at 10 pm, and Usain Bolt has just won the 100 metre final; or a week earlier, on Sunday 29 July, and Becky Adlington has just set a new record in the 400 metres freestyle. Thousands of spectators, pumped up with pride and with the Olympic spirit, stream out of the stadium to purchase their souvenirs or their celebratory Olympic mascot, only to find that a host of shops are in fact closed. Under the current rules, only shops of up to 3,000 square feet are open. One square foot over that and they are closed, unless of course they are in a specially exempt sector. Try explaining that to visitors from Germany, Russia, China, India or Japan, let alone the millions of British spectators at the Games, or think about the thousands of spectators at big screens up and down the country who will not be able to do their regular Sunday shopping before or after these events. That is why my right honourable friend the Chancellor of the Exchequer announced in the Budget that we will remove this restriction during the Olympic and Paralympic Games, starting on Sunday 22 July and concluding on 9 September.

The Bill that we are discussing today will give shops the opportunity, should they wish to take it, to open for longer to make the most of the economic benefits of the Games. It presents retailers with a chance to increase sales, shop workers with a chance to earn some extra money, consumers the flexibility to shop when they want to and it could help to increase temporary employment. It will be good for the Games and good for the economy in these challenging times.

I recognise that the use of the fast-track procedure for this Bill is not ideal. However, I believe that exceptional use of this procedure is justified given the imminence of the Games. We do not want hundreds of thousands of visitors to be welcomed to the UK with closed signs across our shopping centres, and not just here in London.

[Lord Cormack]

I am very grateful to my noble friend for giving way. Have we not known about these Games for a little while—seven years?

[Lord Sassoon]

My Lords, many arrangements needed to be put in place for the Games. This is an important one, as are many others. We are putting this in place now and it also follows the introduction of a Bill dealing with Sunday trading in another place, which helped to prompt some of the thinking that this is an additional measure to round out what will be spectacularly successful Games with everything laid on. Yes, I have said that it is not ideal that we are dealing with this now. The Government believe that it is important and there is appropriate time for your Lordships to debate what is a relatively simple measure over two days this week.

The Government believe that the Bill should apply to all of England and Wales. The Games are for the whole of the UK, not just for London. Indeed, many of the Olympic and Paralympic events are based outside London. There will be football in Manchester, Newcastle and Coventry; sailing in Weymouth; mountain biking in Essex; rowing at Eton; and canoe slalom in Hertfordshire. In all those sports there will be events on Sundays, including Paralympic sailing and rowing.

Big screens will be put up in towns and cities around the country to enable people to get together to watch the Olympic and Paralympic Games. We want tourists and visitors to those events also to take advantage of longer shop opening hours in the vicinity of those locations. Of course, tourists may travel to other parts of the UK during the Games. We want families, whether they are in east London, the East Midlands or the north-east, to have the flexibility to plan their weekends around local and national events.

However, we recognise that the Bill causes concern for important groups. We have worked with the Opposition, unions and retailers to make sure that the concerns are addressed. In particular, there was concern that shop workers would not have sufficient time after Royal Assent to opt out of Sunday working in time for the start of the suspension period, should they wish to do so. This is because the usual notice period for opting out is three months, and there will be less than three months between Royal Assent in early May—subject of course to the agreement of your Lordships and of another place—and the start of the suspension of the restrictions on 22 July. It is of course important that shop workers in large shops that are affected by the temporary suspension in the Bill who wish to exercise their right to opt out of Sunday working during this period should be able to do so. Although they can give their opting-out notice before Royal Assent—and those who object to Sunday working will generally have opted out already—we recognise the concern that they should be able to do so after Royal Assent.

This right to opt out of Sunday working is already a unique employment protection that is not shared by almost any other sector of the working population, including, for example, the catering sector. The Bill will not diminish the rights that are set out in law. However, in recognition of this concern, we have brought forward an amendment to the Bill that temporarily reduces the three-month opting-out notice period to as little as two months for shop workers in large stores that are affected by the Bill. I will move that amendment in Committee on Thursday. On top of that, and very importantly, shortly after Royal Assent the Government will publish guidance on the implications of the Bill for employers and employees.

I am pleased to see that many large shops are taking a sensible attitude to working with their staff to take advantage of this opportunity. Morrisons, for example—one of the many stores that we spoke to—told us that it will speak to its employees so that they understand the proposals and any impact that they might have on their working hours. It also said that,

“whilst it represents an opportunity for them to earn extra money, it is also important that any of them who do not wish to work on Sundays will still have the right to opt-out”.

That is characteristic of the sensitive approach that large retail groups are taking.

Furthermore, the Government are very mindful that for many people Sunday has a particular religious significance as a day set aside for worship, and a day that is different from the rest of the week. The Government consulted with the church in advance of the Bill to ensure that it was recognised that this is emphatically a temporary measure for the period of the London Olympics and Paralympics only. I make it clear that this is not a test case or Trojan horse for a future permanent relaxation of the rules. The Bill is time-limited in its effect and contains a clear sunset clause. The suspension will be in effect from 22 July 2012, the Sunday before the opening ceremony of the London Olympics, to 9 September 2012, the date of the closing ceremony of the Paralympic Games. If the Government ever wanted to look at a permanent relaxation of the rules, new legislation would be required and consultation would be undertaken. Parliament would also have the opportunity fully to debate the issue. This Bill does not indicate any new government policy on the wider issue of Sunday trading restrictions.

I will also address the potential impact of the Bill on small shops, which has been highlighted. It is not clear whether, how, and to what extent small shops will be affected. However, both the Opposition and the Federation of Small Businesses have asked the Government to carry out an assessment of the impact of the temporary suspension. I assure the House that were the Government ever to decide to look at a permanent relaxation of Sunday trading restrictions, a full impact assessment would be carried out. As part of that, they would of course consider any evidence of the impact that the temporary suspension had had on relevant businesses, large and small.

We listened to the concerns raised about the Bill. We made every effort to consult and to work with a range of interested parties. We spoke to large businesses, including supermarkets and other retailers; to representative organisations such as the CBI, the British Retail Consortium and the British Council of Shopping Centres. We spoke to representatives of small businesses such as the Association of Convenience Stores, the National Federation of Retail Newsagents and the Federation of Small Businesses, which I mentioned. We also spoke to trade unions including USDAW and Unite. As I mentioned, we spoke to the Church of England, the Church in Wales and the Roman Catholic Church.

We also offered briefing sessions on the Bill to all Peers and Members of another place. We had numerous discussions and exchanges with the Opposition. They agreed several weeks ago to the use of the fast-track procedure for the Bill, subject to us considering employees’ notice periods for opting out of Sunday working. As I explained, I brought forward amendments that I believe will deal with precisely that point. Despite that, and despite further letters from me and my right honourable friend the Secretary of State for Business at the end of last week, we have not yet had confirmation from the Opposition that they will fully support the Bill. I hope that the noble Lord, Lord Davies of Oldham, is about to give us that confirmation. After all, it was the party opposite that secured the Olympics for the UK, and it was a great achievement for all concerned with the bid. It would be a huge shame if it was now not to support a temporary measure aimed at ensuring that the UK can make the most of the opportunity that the Games will give us. I hope that we can demonstrate to the world in a small way through this debate that we are pulling constructively together to put in place a further measure that will ensure the success of the Games.

As I said, the Games are an opportunity to showcase the UK’s skills, talents and businesses to the rest of the world. They will be an occasion for unparalleled entertainment, and we want to make sure that everyone can enjoy them to the full. Allowing extended Sunday trading for UK retailers will be a small change that could have a significant impact on the enjoyment of the Games, on our national economy and on our international image. It is one that has been done elsewhere on similar occasions. It may surprise noble Lords to learn that even Germany, with its notoriously tight restrictions on Sunday opening—far tighter than ours—eased its opening hours restrictions during the football World Cup in 2006 and then reimposed them. If Germany could do it, I am sure that we in the UK can and should. The Bill will give employees, consumers and businesses the opportunity fully to seize the vast opportunities that will come from this once-in-a-lifetime event. I commend the Bill to the House and beg to move.

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[Lord Cormack]

My Lords, for the fourth time in a row I find myself as the last speaker in a debate, and I wonder what I have done to upset the Whips. However, this has been a fascinating debate and it has been interesting to hear the various contributions, through which there has been the almost continuous common theme that Members regret the introduction of this Bill. There were two exceptions—two quite enthusiastic supporters for it—but the rest of the speakers regretted the Bill, even though a number of them accepted it as being necessary. However, I regret it and I do not accept it as being necessary.

My memory of Sunday trading and campaigning on this goes back to before 1986 and the Shops Bill to, I am afraid, one of the very few occasions when I was on a different side from my noble and revered friend Lady Trumpington. No two people can agree on everything and this happens to be a subject on which we did not agree. I felt that it was right to oppose that Bill, and indeed I opposed Sir John Major’s Bill, which was adopted and formed the basis for Sunday trading in this country. Why did I do that? I did so because I felt that there was something special about Sunday. Of course I accept what the noble Baroness, Lady Deech, says—that some people work on Sundays, some by choice and some by necessity. In those areas where they work by necessity—the National Health Service, hotels and so on—there are generally very good provisions to compensate for that. There is generally also a degree of choice as to whether they opt for Sunday working.

[Baroness Trumpington]

Is the noble Lord speaking for himself or for the general public?

[Lord Cormack]

No Member of either House of Parliament can ever speak for anyone other than him or herself, but one can try very hard to reflect feelings and to acknowledge desires, ambitions and aspirations in the country. I believe that there was something very precious about a day of the week when the pace was slower. I opposed the relaxation of restrictions on Sunday trading because I felt that we would then finish up with a replica Saturday—a high-street Sunday. One has only to drive into London, as I did from King’s Cross on Sunday of this very week, to see what has happened. The streets are full of people out shopping, and the peace, the quiet and the opportunity to reflect has gone. I believe that we have lost something in that.

I am not so stupid as to suggest that all those who flock to the shops would be flocking to the churches if the shops were not there. Of course not, but I believe that a slackening of the tempo of life is good. When people come to this country to enjoy the countryside or to go round our great cities and small villages, I like them to be able to understand the tempo of English and British life. That is no longer possible in the way that it was and I regret that. I think it would be a good thing if those who came to watch the Olympic Games this year—and they will come in their thousands or perhaps millions—could have an opportunity to experience the tempo of life in this country as it was. I remember very well—

[Lord Deben]

My Lords—

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[Lord Cormack]

In a moment. I remember very well indeed the 1948 Olympics when this was a very different country. It was a country recovering from war; a country with a real pride in itself because of what it had gone through. It really shared in the triumph of the athletes who were competing for one reason above all others—in many cases, for one reason only—their love of sport and competition, not for a love of commerce. Of course, I will give way.

[Lord Deben]

I am finding it difficult as my noble friend is a member of a party that would not force anything on people. I do not understand why they should be forced to have a slow Sunday. I must say that I enjoy Sundays but I want to be able to buy things if I want to. I do not see why he should tell me what to do on Sundays. It is a peculiar kind of conservatism.

[Lord Cormack]

My noble friend has not heard very much of this debate; he came in only about a quarter of an hour ago. I am not trying to force him to do anything, or not to do anything. I am saying that we had in this country a certain pattern of life, just as France and other countries have a pattern of life. It is part of the very fabric of the civilisation of the country and we have discarded it to our cost—and a considerable cost at that.

I am worried by the legislation this evening, which of course will go through. There is not much point in tabling amendments, much as I would like to restrict the openings to the Olympic areas. What worries me is that it will be the thin end of the wedge. I do not for a moment doubt the honesty of my noble friends and my right honourable and honourable friends in government who say that it is for eight weeks only, but there will be increased pressure after the eight weeks to make it permanent. I really regret that.

I know that we cannot go back to the Olympics that were immortalised in “Chariots of Fire” where even some of the athletes would not train on Sundays. Of course, we cannot go back to that, but we can at least recognise that we may have lost something. I do not want to lose too much more, so I ask my noble friend, who will wind up, to please recognise that what he is doing is not necessarily for the common good. I believe that my noble friend made a mistake when he talked of the enormous retail opportunities as if that were something really tremendous. We have become so commercially focused and dominated in our daily lives that we have lost a great deal of what made this country great. This is an opportunity to make these points. The noble Lord, Lord Glasman, made similar ones. He and I spoke in the debate some months ago when we were trying to persuade the Government to make Remembrance Sunday a day when the cash tills did not ring. It is for reasons not dissimilar to those that make us have misgivings about the legislation that is currently before the House.

I ask my noble friend, when he is talking to colleagues in government who have given assurances, to tell them that there are many in all parts of this House who feel that it would be a retrograde step if this led to a general further relaxation of restrictions, not least because of the shop workers and not least—the point made by my noble friend Lady Berridge—because of the smaller shops. Somebody talked about Mary Portas. One of the things that she has frequently commented on has been the gradual extinction of the smaller shops in the high street at the expense of the big chain stores. That has meant that the individual identity of towns has been eroded in many cases, and totally destroyed in others. My home town where I was born many years ago used to have a wonderful Victorian centre but now all it has is a precinct with chain stores. We want to be able to protect our small and individual stores and this is not necessarily the right way of going about it.

I shall not oppose the Bill by seeking to cause a Division. That would be ridiculous. Nor shall I move any amendments on Thursday because the Bill will go through. I just want to share with the House, and in particular with my noble friend and those in Government, the fact that some of us have real worries and proper misgivings, which are honestly founded, sincerely held and are in no sense inimical to the conservatism which I believe in and which values traditions perhaps above all.

[Lord Glenarthur]

My Lords, I have not put my name down to speak in this debate but having taken the Sunday Trading Bill through the House of Lords in 1994, I have much sympathy with the points made by my noble friend. However, I hope that he will accept that one of the arguments that I tried to put forward when I took that Bill through, in its general sense—it was not specific to the Olympics—was that those who wish to keep Sunday special, in its broadest sense, can do so in accordance with their particular views and that the Bill should not inhibit those who wish to conduct their business in a way that allows economic vitality to exist. That is one of the major points that surrounds what is being proposed in the Bill.

I spent many hours and probably several months on it. My noble friend Lady Trumpington took it on for me and I dealt with the Bill afterwards. It was a massive piece of work which we all struggled with. We struggled with all sorts of different aspects of it: the religious side of it, the USDAW aspects of it and a whole set of different issues. However, in the end the Bill went through; it followed the Auld report, which my noble friend will remember, years before.

I do not think that this is the thin end of the wedge at all. It is a small element that would allow advantage to be taken of a particular opportunity and it need not detract at all from those who regard Sunday as a special day which should be observed. It should not be thought of as damaging for the future.

[Lord Cormack]

I believe that that was an intervention and therefore I must respond to it. Of course, I hear all that my noble friend says. One has to have regard to the desires of all people. To suppress the desires of those who would have a quiet and peaceful Sunday in the interests of those who would have a commercial one is also dangerous. Getting the balance right is the most difficult thing in life. I do not question my noble friend’s hard work or integrity in what he sought to do, but there is another side to the matter and I think it is one that we should bear in mind. I do not suggest that we should repeal the Act which he and the noble Baroness, Lady Trumpington, were responsible for getting onto the statute book, but I suggest that we should not take it further.