Employment Rights Bill

Lord Hunt of Wirral Excerpts

Report stage
Monday 21st July 2025 Lords Chamber

[Lord Hunt of Wirral (Con)]

My Lords, I too congratulate my fellow solicitor, the noble Lord, Lord Clement-Jones, and my noble friend Lord Holmes of Richmond on their amendments.

We are following up on the exchanges that took place at Question Time earlier today, when the Minister—the noble Lord, Lord Vallance—offered to give us a reading list so that we could peruse the subject during the vacation, when he explained that, sadly, the Government are not yet able to produce their consultation paper. When the noble Baroness the Minister sums up this debate, can she identify for us what her noble friend had in mind? We are anxious to make sure that we are up to date on these very important subjects.

AI technologies are evolving at pace, touching every corner of the economy, from manufacturing and logistics to retail, healthcare and particularly—as my noble fellow lawyer knows—professional services. In the context of work, AI offers real potential: it can support productivity, streamline processes and free individuals from repetitive and burdensome tasks. It may also, if properly deployed, open up new opportunities for people who have historically faced barriers to employment.

However, as the noble Lord, Lord Freyberg, just reminded us, alongside that, there are real concerns. He instanced a number of them, and they are set out in Amendment 168; they are about fairness, transparency, accountability and, indeed, the role of human oversight in the decisions that affect people’s lives and livelihoods. It is therefore important that we take a balanced, thoughtful approach.

The noble Lord, Lord Pitkeathley of Camden Town, pointed out, quite rightly, that a number of non-compete agreements are now emerging. We have to be aware that these could so easily stifle innovation, and this must be all about encouraging and stimulating innovation. Therefore, it is very important that we take a balanced, thoughtful approach. But we should not allow technological change to outpace our frameworks for fairness, ethics and employment rights.

In conclusion, AI is not a distant or abstract issue; it is here, evolving and shaping the future of work. I hope we can move forward in a way that is both pro innovation and firmly rooted in the values of fairness, dignity and accountability. We very much look forward to hearing the Minister’s thoughts on these subjects.

--- Later in debate ---

[Lord Palmer of Childs Hill (LD)]

My Lords, the incredible thing about this amendment is that it has signatures and support from the Conservative Benches, the Labour Benches, the Liberal Democrat Benches and the Cross Benches. It is something the Government should take into account. It is not some weird idea from one part of this House, it is across the House. I applaud the initiative which started with my old friend, the noble Lord, Lord Faulkner—if he would allow me to say that. The principle here is to try to stop unintended consequences. The law is as it is, and it cannot be ignored. We have an opportunity to tweak the employment rights legislation to put that right.

We are dealing with young people who are doing voluntary work on the railways. There was an incredible programme on television recently—which I referred to in a previous speech—where the young people were doing all the jobs on this heritage railway, except running the engine, which was dangerous and they were not allowed to do; they were the porters, the inspectors, et cetera. We all gain from it: the young people gain from it and the community gains from it. However, there is a possibility that someone could be prosecuted because the law says what it does.

We are not talking about one small heritage railway. As the noble Lord, Lord Faulkner, said, there are many; he mentioned the Ffestiniog Railway—if I pronounced that correctly. There is also the North Yorkshire Moors Railway, the Bluebell Railway, the West Somerset Railway, the Middleton Railway, the Spa Valley Railway, and many others. There is a long list.

This is a very understated thing. People have asked me why I signed the amendment from the noble Lords, Lord Faulkner and Lord Parkinson; I told them it was because we are dealing with real matters of the moment in the employment rights legislation. This is an opportunity to put right a small error in history. I invite everybody, if we go to a vote, to support this.

[Lord Hunt of Wirral (Con)]

My Lords, I rise briefly to support my noble friend Lord Parkinson of Whitley Bay’s amendment, supported as it has been by very effective speeches from the noble Lords, Lord Faulkner of Worcester, Lord Berkeley and Lord Palmer of Childs Hill, the noble Earl, Lord Clancarty, and the noble and learned Baroness, Lady Butler-Sloss.

It is a sensible measure that recognises the value of voluntary work on heritage railways and tramways, especially for young people. The current statutory framework treats such activity as though it were employment in a heavy industrial setting, when in reality it is community-based, educational and often intergenerational. These are voluntary efforts undertaken not for profit but for preservation, learning and public enjoyment. To continue to classify this as if it were unsafe or exploitive is to misunderstand both the activity and its value. This amendment corrects that without undermining the original protections of the 1920 Act. My noble friends deserve support, and I hope the Government are about to respond positively.

[Lord Katz (Lab)]

My Lords, it was going so well, then it hit the buffers. I am trying to make that not the last of the rail-related jokes—noble Lords will note the groans from behind me. I thank noble Lords for a stimulating debate—as we had in Committee—and, as several speakers have pointed out, it was a debate on a subject that inspires support from across the House, which is fairly unique in this piece of legislation. It is good to see and is obviously because so many in your Lordships’ House—like those in the rest of the country—enjoy and revel in our industrial heritage, as seen through heritage railways.

I thank the noble Lord, Lord Parkinson of Whitley Bay, for bringing the amendment back for further discussion. I think it was the noble Lord himself who outed me as a bit of a rail nerd in Committee, so noble Lords will know that heritage railways is an issue I am familiar with and fully support. It is an issue close to many hearts here in your Lordships’ house and it is great to see the interest we saw in the impassioned debate—it says here, and I agree—repeated here on Report.

In addition to the noble Lord, Lord Parkinson of Whitley Bay, I thank my noble friends Lord Faulkner of Worcester and Lord Berkeley, the noble Lord, Lord Palmer of Childs Hill, and the noble Earl, Lord Clancarty. I particularly thank the noble and learned Baroness, Lady Butler-Sloss, for making a little detour from her usual route to call by our station here tonight.

The UK heritage rail sector encompasses more than 170 operational railways, running trains over nearly 600 miles of track and operating between some 460 stations. It creates jobs and greatly supports local economies. I pay tribute to all those who run and maintain those railways; they not only preserve our heritage but contribute greatly to their local tourist economies. I mention this because it is notwithstanding the issues identified by this amendment.

The heritage railways are incredibly successful; they go from strength to strength, notwithstanding the issue the amendment raises about the Heritage Railway Association’s concerns. The benefits to all volunteers cannot be overestimated. However, as many speakers have said, it is particularly good for young people, and I wholeheartedly support efforts to encourage young people to take advantage of the volunteering opportunities that heritage railways offer, with their emphasis on teamwork, communication and helping to bring science and engineering topics to life.

It is vital that any work or volunteering is carried out safely and should be appropriate to the age and experience of the volunteer. It is also important to recognise that additional measures, such as effective supervision, need to be in place for young people, particularly those aged 14 to 16. Health and safety law requires heritage railway operators to protect a young person’s health and safety, taking account of their age, lack of experience and levels of maturity. Of course, not all work is suitable for young people; dangerous or high-risk work activities should not be carried out. Health and safety risk assessments help heritage railway operators to determine what work activity should be carried out and how to make sure it is done safely. After all, we want to preserve and revive heritage railways, not heritage employment practices. While the Health and Safety Executive and the Office of Rail and Road provide general guidance, it is for the Heritage Railway Association to support its operators with detailed guidance about suitable activities for young people.