Deregulation Bill

Debate between Lord Rooker and Lord Curry of Kirkharle

Tuesday 21st October 2014 Lords Chamber

[Lord Rooker]

Is the noble Lord, Lord Curry, really arguing what used to be the case before we had health and safety and had low pay, that the backstreet crooks who are cutting corners—and in this case breaking the law—get a free ride, whereas all the other companies that are following the rules on discrimination and not breaking the law are then taken to the cleaners by being undercut by companies that are breaking the law? Does the noble Lord realise that that is the argument he is actually making, defending lawbreakers undercutting legitimate businesses that are following the law and not conducting discriminatory practices?

[Lord Curry of Kirkharle]

The noble Lord, Lord Rooker, knows perfectly well that I am not recommending that.

This is a small measure, a power that employment tribunals may or may not exercise. I am happy to say that as an employer I have never been subject to this but for those companies I am aware of, the lesson they have learnt through having broken the law and failed the tribunal process is in itself sufficient for them to improve their behaviour and the way they treat their employees afterwards without this power needing to be exercised.

--- Later in debate ---

[Lord Hardie (CB)]

Can I clarify in my own mind what the argument is? As I understand the Minister, the justification for the clause is that it would meet the test of the Red Tape Challenge. However, I also understand that the burden of the power will still exist for a tribunal to make an observation in the same terms as a recommendation. I am struggling to understand how that does not impose upon the employer the same burden as exists at the moment. Perhaps the Minister could help me out.

[Lord Curry of Kirkharle]

My Lords, I will correct something that the noble Lord, Lord Rooker, has just said. The Red Tape Challenge process is not influenced by two environmental health officers. There is a robust process which follows up the public consultation process which is part of the Red Tape Challenge. There is a star chamber with Ministers, independent representatives and government officials who thrash out the various comments that have come through the Red Tape Challenge process, and which have eventually arrived as part of the Bill.

[Lord Rooker]

And the result of that is that I was asked to keep unsafe kitchens.