Small Business, Enterprise and Employment Bill
Lord Wills Excerpts(9 years, 8 months ago)
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Lord Stoneham of Droxford (LD)
My Lords, I endorse the words of the noble Lord, Lord Stevenson, by thanking the noble Baroness, Lady Neville-Rolfe, for her unfailing courtesy and competence throughout the transaction of the Bill. I also thank the noble Lords, Lord Mendelsohn and Lord Stevenson, for their efforts to improve the Bill and to work with all of us who have been engaged on it over the past few weeks. I thank my noble friend Lady Janke, who has been assisting me on these Benches. I particularly thank all the officials who have dealt with our replies and the detail of queries that we have had on the Bill throughout the past few weeks.
Lord Wills (Lab)
My Lords, I briefly add my congratulations and thanks to the Minister and all her officials for their unfailing help and courtesy in the area that I was especially interested in. I set up and ran a small business throughout the 1980s and 1990s, so I had a particular interest in this Bill. There were many areas where I felt that I might have made a useful contribution. Nevertheless, it is a good Bill and I felt that I should focus my efforts on one area: the protection of whistleblowers. The Bill includes significant improvements in such protections. Again, I thank the Minister particularly for the constructive and thorough way in which she has engaged with those complex legal issues and managed to achieve significant progress.
However, there is still more that could be done. This is a rare legislative opportunity. There are still glaring gaps in protection for whistleblowers and I think the House will agree that those courageous individuals who blow the whistle on their employers, often at considerable detriment to themselves and their families, deserve all the protection that Parliament can give them. When the next scandal in protecting the public happens—as I am afraid it will, unfortunately—and when the inevitable inquiry finds out that more could have been done to encourage whistleblowing, all of us may have cause to regret that we did not do more on this occasion. However, this is a good Bill, which does a huge amount for small business. I welcome it and wish it all the best in its progress on to the statute book.
Small Business, Enterprise and Employment Bill
Lord Wills Excerpts(9 years, 8 months ago)
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Lord Wills
“( ) In section 43K(1) (extension of meaning of “worker” etc. for Part 1VA), after paragraph (d) insert—
“(e) is or has been a job applicant.””
Lord Wills (Lab)
My Lords, I shall speak also to Amendment 59 and Amendments 59A to 59F. All these amendments seek to provide additional protections for whistleblowers, and they follow on from discussion of these issues in Committee.
I shall take Amendment 59 first. It arises from the Government’s response to the amendment that I moved in Committee seeking to place a code of conduct for whistleblowing on a statutory basis. I shall not repeat all the arguments that were made in Committee, but a statutory code of conduct would send out to all organisations a powerful signal about the importance that Parliament attaches to providing adequate protection for whistleblowers, and it would help to drive cultural change within organisations to encourage whistleblowing.
In Committee, the Minister engaged with this very constructively—I repeat my thanks to her for doing so—and she did not reject the case for this. However, she felt that the voluntary code that the Government are developing would offer sufficient protection. She said:
“We will keep this under review, and if this is not bringing about the change that we expect to see, we will consider introducing a statutory code of practice”.—[Official Report, 26/1/15; col. GC 9.]
All Amendment 59 seeks to do is to ensure that such a review does indeed take place.
The government measures in the Bill to improve protections for whistleblowers are welcome, and I congratulate the Minister and all her colleagues on them, but I am sorry that I could not convince her in Committee to go further. Loopholes remain in these protections and, where loopholes exist, all history suggests that the powerful take advantage of them.
The action that the Government are now taking on whistleblowing is being driven by terrible recent scandals, which might have been prevented had better protection for whistleblowers been in place. This is a clear lesson from, for example, the Francis reports into the NHS and the recent inquiry into the Rotherham abuse scandal. Despite this, the facts of Westminster life are such that scandals fade as time passes. Unfortunately, Ministers and officials come and go, collective memory is increasingly eroded and there are always new pressures on new Ministers and officials. In these circumstances, we should not wait for another scandal to be revealed to introduce any necessary new whistleblowing protections.
Continuing scrutiny is required to ensure that whistleblowers receive all the protections that they need to prevent such scandals recurring. This amendment seeks to set up a regular review process to do just that. It is not onerous. It simply puts in place a system to guarantee delivery of what the Minister has said that the Government will do. I accept, of course, the Minister’s good faith in offering reassurances, but because of the circumstances that I have just described future delivery of those cannot necessarily be guaranteed and relied upon. In these circumstances, I hope that the Minister will accept this simple amendment.
Amendment 58ZA provides improved protections for whistleblowers who are job applicants. Unlike other areas of discrimination law, the Public Interest Disclosure Act 1998 does not currently consider job applicants to be workers and so they do not receive protection for whistleblowing. Your Lordships’ House discussed the case for tackling this anomaly in Committee. Again, I do not intend to repeat all the arguments, but the Minister said then that, while she appreciated the amendment that I moved, she rejected it because,
“there is work to be done to get this right and it will take time, beyond this Parliament, to reach a suitable solution. It would not be right to add this half-cooked work to a Bill designed primarily to help small business and not to introduce new burdens for employers”.—[Official Report, 25/1/15; col. GC 10.]
The noble Baroness, Lady Mobarik, expressed from the Government Back Benches her concern that this important Bill should not be held up. I am delighted that, between Committee and today, the Government have reconsidered the situation and have decided that after all there is time to introduce new protections for whistleblowing job applicants. I congratulate them. I particularly congratulate the Minster on their change of heart and I thank her for her characteristic courtesy in alerting me of it in advance.
But—I am afraid that there is a “but”—the Government’s amendment covers only the NHS. There is no logical reason why it should be so restricted. That is why Amendment 58ZA is still necessary. It extends the Government’s proposals for protecting whistleblowing job applicants in the NHS to all workers. The risk of the sort of informal blacklisting that government Amendment 58A tackles occurs far more widely than just in the NHS. For example, in the construction industry there have been notorious instances of workers failing to find new work after raising concerns about safety. No Government have adopted such a piecemeal approach to other legislation that outlaws discrimination. Actionable offences of sex and race discrimination are not restricted to the NHS, so why should discrimination against whistleblowers be so restricted?
This is a short, simple amendment. It will prevent what I assume is the unintended consequence of the government amendment in creating what would be a two-tier system of protection, with NHS workers, important and valuable as they are, privileged to enjoy protections not extended to all other workers who seek to protect the public by whistleblowing. Such a two-tier system would be unfair to individual workers and would hinder the development of the culture of transparency, which I think all your Lordships would agree has been shown in scandal after scandal to be so critical in protecting the public. I hope that the Minister will finish today the work which her own amendments have started and accept Amendment 58ZA.
Baroness Neville-Rolfe
I am sorry if I caused confusion. What I was saying is that this is a relatively late stage in this Bill and that what we have done is taken steps to bring forward some of the actions that follow from the Francis review. Noble Lords opposite have been extremely helpful about supporting that and supporting it instantly. I am very glad to have been able to end that confusion.
Lord Wills
I am very sorry; the Minister is gracious in giving way yet again. Before she leaves this amendment, will she clarify the points that she is making about process? Just to be clear—she can indicate with a nod, if she wishes, rather than getting to her feet yet again—does she accept that whistleblowing can be essential in protecting the public interest and the public in other sectors apart from the NHS, such as the financial sector, the police, and adult and child social care? That is my first question to the Minister.
Baroness Neville-Rolfe
I thank the noble Lord, Lord Wills. Of course whistleblowing can play a vital part in all areas. I said that right at the beginning. As far as this Bill is concerned, we are taking specific steps in relation to the NHS. Perhaps if I could make a little bit more progress, I could explain some of the other things that we are also doing.
Lord Wills
I wonder whether I could just push the Minister a little bit further on this process. She says that the Government do not have the evidence to take the measures for other sectors that they are currently taking in relation to the NHS. She said that the Francis report has produced the evidence that the Government feel they need to proceed. I accept that. It is a perfectly reasonable approach. However, if she accepts that whistleblowing is so important in all these other vital sectors and that there is a loophole in protections that the Government are seeking to plug—clearly they accept that there are loopholes because they are seeking to plug them in relation to the NHS—why will the Minister not commit now to launching an inquiry to see whether such evidence exists? The Government did it with Mid Staffs; they have done it with other scandals; they know that there is a problem here; they know that it is important to tackle this problem. Why do the Government not commit now to collecting the evidence to see how best they can move to plug these loopholes?
Baroness Neville-Rolfe
My Lords, I am not sure that we are going to agree this evening on extending to other areas the provisions that we are very happy to include for the NHS. I have made clear that we need an evidence base and that we are doing things in other areas. The things that we are doing in other areas, to which I hope to move on, will also help to show what is happening on the ground. The debates that we have had in the House, which the noble Lord, Lord Wills, has encouraged us to have, will also change the culture in relation to whistleblowers. The very fact of the disastrous circumstances in the NHS has shown how important whistleblowers are, which is why we are making the changes that we are in relation to recruitment in the NHS.
If I may make progress, I will turn to the noble Lord’s Amendment 59, which seeks to introduce a rolling statutory review of the whistleblowing legislation. I can reassure the noble Lord, Lord Wills, that it was only last June that the Government reported the findings from their call for evidence that reviewed that legislation. The Government have also carried out an extensive employment law review during this Parliament. Looking to future review processes, we see that post-legislative scrutiny is applied to all changes to legislation five years after the measures have come into force. We have an impressive rolling programme. The changes that we introduced to the whistleblowing framework in the Enterprise and Regulatory Reform Act 2013, and the changes in this Bill, will be included in the rolling process. Considering the steps that we have taken to review employment legislation, and specifically whistleblowing legislation, I do not believe that it is necessary to introduce another review next year.
I turn now to Amendments 59A to 59F, which seek to create a national whistleblowing review officer. The Government fully understand the intention behind the proposed new clauses, which is to ensure that concerns raised by whistleblowers are acted upon. We know from research carried out by the University of Greenwich and Public Concern at Work that 75% of whistleblowers believe not enough is done about the concerns that they report. We want employers or the relevant authority to take action. That is why we are introducing the important measures in this Bill to require prescribed persons to report on how they handle whistleblowing concerns. That will increase transparency and reveal any circumstances where whistleblowing concerns are not addressed. The Government will want to allow time for this measure to take effect before they consider yet further measures. Introducing a body that has oversight of all investigatory action in response to whistleblowing concerns would be one way of going further, depending on what the need for further action was. But of course there could be other options for the Government to consider, based, as I have said, on evidence. Before introducing legislation, the Government will want to carry out a proper assessment of all available options to ensure that they are not introducing a body that was duplicating the existing functions of the regulators. This is a complex area.
Evaluation work will begin by the Department of Health publishing a consultation, which will explore the case for creating an independent whistleblowing guardian for the NHS. The Government will be able to use the evidence gathered from that consultation to look at the situation in other sectors. I cannot emphasise enough the importance of having a proper evidence base and the fact that we have been able to fast-track the Francis recommendations because of the very powerful work that he has done.
The Government are committed to addressing the barriers that whistleblowers face. In addition to the measures in this Bill, we have made significant progress. Perhaps I could mention some other measures that we have taken forward. We are updating a set of comprehensive guidance for whistleblowers and employers as well as introducing a non-statutory code of practice for employers. The Government intend to publish this shortly. We have carried out work to update the list of prescribed persons. This is a list of more than 60 individuals and bodies, which includes all MPs, that a whistleblower can approach to raise their concerns. The Government have recently introduced separate legislation, which comes into force in April this year, to extend the scope of the whistleblowing framework to student nurses and student midwives.
The whistleblowing framework is improving and robust processes are in place for future work and the continuous review of the legislation that we have introduced. I hope that the noble Lord will agree that much further exploratory work would be required before proper consideration could be given to his proposal for a national whistleblowing review officer and for extending legislation to cover all job applicants, whether in the public or the private sector.
We have made a major change in relation to the NHS. Perhaps that has eclipsed the other important changes in this Bill and other progress that we have made on whistleblowing. I commend the Government’s amendment and invite the noble Lord to withdraw his amendment.
Baroness Neville-Rolfe
My Lords, we are bringing in the new process provided for in the Bill which will allow greater review and engagement in those other sectors.
Lord Wills
My Lords, this has been a short but worthwhile debate on some important issues about improving protections for the public through whistleblowing. I am grateful to all noble Lords who have taken part. I am particularly grateful to the noble Lords, Lord Low and Lord Phillips, for adding their names to the amendments and for their compelling arguments in support of them. I also thank my noble friend Lord Hunt for his powerful support. I am grateful also to the Minister, who throughout our discussions, both in Committee and again today, has engaged thoroughly and thoughtfully with all these complex issues and has been helpful and constructive.
In view of everything that the Minister has done so far, it is all the more disappointing that she has so summarily dismissed all the amendments. I accept the case that she made about review; I accept that there is a review process in place. Personally, I would like to see rather more frequent review, which may be a matter we can return to—although I reassure her that it will not be at Third Reading. I also accept the arguments that she made about the national review officer. This is a big and complex issue. There is a case to be made for seeing how the Francis recommendation beds down to learn the lessons from that, but I hope that it will remain on the Government’s agenda because it would be well worth pursuing.
However, I can see no good reason for the Government not to accept Amendment 58ZA. There is no good argument for confining protection for job applicants to those working in the NHS. The Minister made great play of the need to acquire more evidence. There are two problems with that approach. The first was identified by my noble friend Lord Hunt, which is that, by definition, it is extremely hard to find evidence of the harm that is done in advance of a scandal happening. When people working in professions such as the NHS, the financial sector and the police look at the examples, perhaps the rare examples, of their colleagues who have blown the whistle, they see the acute detriment that they have suffered as a result. Who is going to come forward and suffer in that way—which is actually the evidence that the Minister appears to be asking for? We know that there is a problem; we should be tackling it.
If we persist with the desire for more evidence and if that is what the Minister needs to make progress in tackling the loopholes that the Government have conceded exist, why has she just rejected my plea for her to commit to seeking out such evidence? The only reason that we are discussing the government amendment today is that a scandal happened with Mid Staffordshire, and Sir Robert Francis conducted his exhaustive and excellent inquiry and came up with the evidence. Do we have to wait for another such scandal in the financial sector finally to get to the bottom of all the skulduggery that lay behind the crash of 2008 and subsequently, or another scandal in the police such as Hillsborough, before the Minister acquires the evidence that we need to plug the loopholes?
I want to encourage the Government to think again. They have already shown themselves to be extremely flexible between Committee and Report. To encourage them to be similarly flexible between today and Third Reading, and in the hope that they will move forward in some of the ways that I have suggested today, I would like to test the opinion of the House on Amendment 58ZA. If I am successful, may I assume that the Government will accept my Amendment 59A as consequential, as it so closely mirrors the Government’s Amendment 58A on the creation of a national review officer?
Small Business, Enterprise and Employment Bill
Lord Wills Excerpts(9 years, 10 months ago)
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Lord Wills
“( ) In section 43B (disclosures qualifying for protection), after subsection (1) insert—
“(1A) For the purposes of subsection (1), a “qualifying disclosure” includes instances where a worker is thought to have made a disclosure for information.””
Lord Wills (Lab)
My Lords, the amendments in this group—I shall speak to them all together—seek to improve protections for whistleblowers. Twenty years ago, the Nolan committee highlighted the importance of,
“encouraging a culture of openness”,
in organisations to tackle and prevent malpractice. Since then, successive Governments have recognised the importance of this. The previous Labour Government brought in the Public Interest Disclosure Act and this Government have said repeatedly that they want to protect and encourage whistleblowing. The Prime Minister, for example, said:
“We will always back whistleblowers when they challenge poor standards, particularly in large organisations”.—[Official Report, Commons, 26/2/14; col. 257.]
However, there are still significant gaps in the current protections for those making disclosures in the public interest. These gaps in protection not only discourage individual cases of whistleblowing and damage individual whistleblowers quite unfairly; they also inhibit the creation of an effective culture in organisations that encourages transparency.
Large organisations that serve the public in both public and private sectors are powerful institutions. They are often driven by a potent internal culture and every case of whistleblowing challenges the powerful vested interests that run such organisations. As I have said in these debates, too often after a scandal is revealed, after the abuses have been tackled and the guilty punished, and after all the fine words about whistleblowers have been spoken, it is all too easy for those dominant interests in these organisations to revert to carrying on much as they did before. The powerful never like being challenged.
Repeated failures within the NHS, for example, have highlighted not only how important whistleblowers can be in protecting the public, but how difficult they can find trying to expose incompetence and wrongdoing. These problems are not confined to the NHS. For all the police wrongdoing after the Hillsborough disaster that has now been exposed, for 20 years no one blew the whistle. No one blew the whistle on the scandal of MPs’ expenses, even though the Fees Office in the House of Commons was well aware of the scams that went on. Whistleblowers need effective protection if the public interest is to be secured and there is clearly a need to do more. I hope that the Government will take advantage of a rare legislative opportunity to plug the gaps in protection for whistleblowers, which these amendments aim to do.
I am grateful for the support that I have received from my Cross-Bench colleagues, the noble Lord, Lord Low, and the noble Earl, Lord Lytton, and my noble friends on the Labour Front Bench. I am also grateful to the Minister and her officials for sparing the time to discuss these amendments with me in advance of today’s Committee. I hope that the Government will now respond to these amendments, to which I shall speak relatively briefly.
Amendment 66 simplifies the concepts of allegation and disclosure of information, and tackles the confusion that has arisen from the Employment Appeal Tribunal decision in Cavendish v Geduld, where an artificial distinction was made between a worker making a disclosure of information, which was protected, and the making of an allegation, which is not protected. It is unfair to expect non-legally trained workers to choose the precise wording to ensure that their disclosure is one of information rather than merely an allegation. The Cavendish v Geduld decision provides a convenient way for bad employers to ignore the concerns raised by claiming that the disclosure represents an allegation, as opposed to information. Moreover, the decision undermines one of the Public Interest Disclosure Act’s key policy aims, which is that protection should be most easily obtained for disclosures to the employer.
Amendments 63 and 67 seek to tackle the continuing problems of so-called gagging clauses. Even though the current law renders gagging clauses in any agreement void, there is evidence that further clarity is required. It is difficult to know exactly how extensive this problem is because of the confidential nature of severance agreements, but the experience of Public Concern at Work, the whistleblowing charity, suggests that many still feel gagged, even though these clauses may not be applicable in law. The National Audit Office also recently looked at this issue and concluded that many individuals believed they were gagged as a result of the events leading up to the signing of the agreement, including: the culture of the workplace; the attitude towards whistleblowing; the wording of the agreement itself; and because it was often not made clear to individuals that confidentiality clauses would not prevent them making disclosures on concerns of public interest. The National Audit Office looked at 50 agreements from the public sector, 49 of which were found to include a confidentiality clause which, in the end, prevented the individual discussing the terms of the agreement. It judged that none of the agreements would have legally prevented the whistleblower raising a concern, but its report gives several examples of how individuals nevertheless felt gagged.
Amendment 64 seeks to extend the protection for whistleblowers to student healthcare professionals. Students in these professions, with the fresh insights they bring to their work, are often well placed to make disclosures in the public interest. The case for extending whistleblowing protection to them has been extensively rehearsed. I do not intend to repeat it today, as I under- stand that the Government have already made a commitment to extending these protections. However, I would be grateful if the Minister could tell the Committee what progress they are making in doing this.
Amendment 65 seeks to tackle the problem of job applicants who find themselves denied employment opportunities because they have made a disclosure in the public interest. If an individual is labelled as a whistleblower, it can be difficult for them to get work because they can find themselves, in effect, blacklisted, not through a formal, central database but informally. This is a particular problem in small industries and within small communities. Unlike in other areas of discrimination law, job applicants are not considered workers under the Public Interest Disclosure Act, which provides protection where a worker secures a position and is then victimised, forced out or dismissed if the employer becomes aware of an instance of whistleblowing in a previous job. The amendment seeks to plug the loophole, which was identified in BP plc v Elstone, where the Court of Appeal stated that this situation was created because the drafting of the Act had not considered the situation of a job applicant being victimised for raising concerns in a previous job. The amendment addresses this anomaly. It might be helpful to the Committee to remember that an employer who is unaware that an applicant blew the whistle in a previous job would not be in breach of the Public Interest Disclosure Act. This is because, to succeed, the worker would need to prove not only that they had made a protected disclosure in a previous job and the prospective employer knew this—perhaps through a reference check or because the applicant informed the prospective employer of their whistleblowing past at interview—but also that this led to the decision not to recruit them. Without this causal link being demonstrated to the Employment Appeal Tribunal, there would be no case to answer. The amendment seeks to put this beyond argument.
Amendment 62 seeks to extend protection to those victimised for being falsely accused of whistleblowing. The Public Interest Disclosure Act does not protect a worker dismissed or victimised because the employer wrongly believes that they are a whistleblower. The worker cannot, therefore, link a disclosure to the dismissal or victimisation. This is an obvious anomaly and, in addressing it, the amendment follows the precedent of the Equality Act, under which legal protection for sexual orientation can still apply, even though an employer wrongly believes that someone is homosexual or heterosexual and discriminates on that assumption. Although the Equality Act is prohibitive legislation and the Public Interest Disclosure Act is not, other changes, such as the recent ones on vicarious liability, have borrowed from discrimination law. The amendment suggests a similar approach in relation to those who are wrongly identified as whistleblowers, without suggesting that being a whistleblower should be seen as a protected characteristic.
Amendment 68 seeks to embed a code of practice into statute, so that it will be taken into account by courts and tribunals. This was a key recommendation of the whistleblowing commission, chaired by the former Appeal Court judge Sir Anthony Hooper, which did invaluable work in this area in 2013. It drafted a 15-point code of practice, which provided practical guidance to employers, workers and their representatives and sets out guidance for raising, handling, training and reviewing whistleblowing in the workplace. A statutory code of conduct would send out to all organisations, in the public and private sectors, a powerful signal about the importance that Parliament attaches to providing adequate support for whistleblowers. This should help to drive the necessary cultural change within organisations to encourage whistleblowing.
Finally, I turn to Amendments 68ZA to 68ZF, which work together to set up a new office of a whistleblowing ombudsman. I am even more grateful than I usually am to the clerks for their invaluable help in drafting these amendments. Despite their length, they are essentially probing amendments, aimed at eliciting the Government’s attitude towards setting up such a whistleblowing ombudsman or some similar organisation. Establishing this was another important suggestion made by the whistleblowing commission. Its work, and the range and scope of the amendments that I have put forward today, suggest that providing adequate protection for those making disclosures in the public interest is a continuously evolving challenge.
Establishing an ombudsman, which need not involve expensive and elaborate bureaucracy, could provide an effective way of responding to this challenge. It could receive concerns and investigate retaliation against whistleblowers. It could also offer a form of alternative dispute resolution in whistleblowing cases. This would mean that whistleblowers would not always have to wait for such rare opportunities for legislation as this Bill to receive the protections that they deserve and the public need them to receive. It may also help to avoid the delays and costs of court and tribunal cases. I do not expect the Minister to make a pledge this afternoon, but I hope that she will at least feel able to commit to exploring positively and constructively the creation of such an organisation. I beg to move.
Lord Low of Dalston (CB)
My Lords, I have my name to most of these amendments. I was not able to get my name to those starting with Amendment 68ZA, which relate to the whistleblowing ombudsman, but I support those as well.
I support everything that the noble Lord, Lord Wills, has said about this group of amendments. Amendment 62, as we have heard, aims to give extra protection to individuals who are falsely accused of blowing the whistle because the employer erroneously assumes that they were the source of the disclosure, based on a previous incident or a reputation for challenging poor behaviour or malpractice in the past. It is wrong that employers should be able to penalise people when they have simply jumped to unsubstantiated conclusions, perhaps or perhaps not based on something that happened in the past. It would be the purpose of this amendment to avoid that possibility, or at least to give those who have been damaged by employers making such unsubstantiated assumptions a remedy.
Amendments 63 and 67, as we have heard, will help to alleviate some of the misconceptions around the protection afforded to whistleblowers under Section 43J—the anti-gagging provision—which was inserted in the Employment Rights Act by the Public Interest Disclosure Act. As has been said, the legal principles on which Section 43J is based are not the problem; it is that the section could be drafted more clearly. Instead of providing an oblique defence, the new provision in the amendment would act as a shield, preventing information that may point to malpractice, wrongdoing or a health and safety risk being buried in secret settlements. Clearer wording that could be understood by an individual who is not legally trained may well break down this potential barrier for the worker and be of benefit to the employer, as their duties and obligations in this area will be rendered all the clearer.
Lord Wills
My Lords, this has been a short but important debate. I am grateful to every noble Lord who has taken part in it and for the support for the amendments from all sides of the Committee. I am also grateful to the Minister for such a thorough, comprehensive and thoughtful reply.
I am not really surprised that the Government feel that they already have all these issues covered in the Bill and are therefore going to resist the amendments, but I take some comfort from what I thought was a positive approach on the part of the Minister. I noted that she said that if the Government feel that the measures that they are taking for a non-statutory code of practice do not work, they are prepared to look again at a statutory code of practice. We may return to this issue on Report to get a little more clarity on how often the Government are going to review it and what their measure of success or failure will be before they are prepared to consider a statutory code of practice.
I do not want to delay the Committee any more because this has been a helpful and constructive debate. I will read carefully what the Minister has said. I note that she did not completely rule out the idea of a whistleblowing ombudsman; she thought that the way in which the proposed new clauses had been drafted was too broad. I understand her concerns about speed and bureaucracy, but I do not think that they are inherent in the concept. What I may do—I give the Minister and her officials due warning—is look at this again and see whether I can crystallise some of the issues around the ombudsman to get a little more detail on how the Government may want to proceed. I thank all noble Lords again and beg leave to withdraw the amendment.
Taxation: Avoidance
Lord Wills Excerpts(11 years, 8 months ago)
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Lord Newby
I absolutely agree, which is why the Government have put nearly £1 billion of funding into this area and why we have reversed the cut of 10,000 compliance staff that was made under the last Government. There are now 2,500 additional people in that area. That is why the people we are recruiting for this are increasingly highly specialised.
Lord Wills
My Lords, what consideration are the Government giving to persuading the G8 to require multinational corporations to produce country-by-country reporting of their tax payments so that not only can the tax authorities in developing countries be better informed about what these companies are paying but the people of those countries can be better informed, so that they can hold those companies and their own states better to account?
Lord Newby
The Government support country-by-country reporting for the extractive industries, where some of the worst abuses are taking place. We are currently looking at broader proposals for country-by-country reporting. On the point about expanding the principle more widely, we want to make sure that we get the costs and benefits right.
Autumn Budget Forecast
Lord Wills Excerpts(12 years, 11 months ago)
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Lord Sassoon
My Lords, on the first of the questions which my noble friend raises, money will indeed flow through the banks as a result of the guarantee scheme to micro-businesses, although I appreciate that it will always be tougher for them. It is worth noting that there will be banks coming into the credit easing framework that were not there previously—some of the new entrants into the market—so we are maximising the footprint through the banks. I draw attention to one of the other schemes that will be directly relevant to micro-businesses. The seed enterprise investment scheme and the related one-year CGT holiday are to encourage investment in new, early-stage companies. That will commence from April 2012, with a kick-starter of offering a CGT holiday.
On my noble friend’s second question, I well take the point about the importance of locally driven infrastructure schemes, which is why my right honourable friend the Chief Secretary announced the initial £500 million fund specifically for that purpose earlier in the autumn. Beyond that, the use of the CIL is being considered, but I would just caution that we need to think about the fiscal impact of widening that scheme.
Lord Wills
My Lords, since I came into this House some 18 months ago, one of the most notable features week after week has been the presence on the Bench to the right of the Minister of former Ministers who served with great distinction in previous Conservative Administrations, including three former Chancellors who served in the Treasury during the 1980s. Can the Minister shed any light on why not a single one of them is in their place today to support him in this most depressing Statement?
Lord Sassoon
My Lords, I take it as a sign of great confidence in the direction of policy of my right honourable friend the Chancellor of the Exchequer because former Chancellors are never shy of giving their advice. If they are not giving it today, I assume that they are satisfied.