Oral Answers to Questions

Debate between Rachael Maskell and Kevin Hollinrake

Thursday 25th January 2024 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

15. What steps she is taking to help support the growth of co-operatives and social enterprises.

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

This week, I spoke to a conference attended by building societies about how we can increase presence on the high street to help with access to cash and finance facilities. The Government provide extensive business support to all businesses, including social enterprises and co-operatives. The British Business Bank’s recovery loan scheme and start-up loans improve access to finance to help those kinds of businesses to invest and grow.

[Rachael Maskell]

Co-operatives and social enterprise businesses provide a fairer way of doing business, involve members in greater business decisions and provide economic growth for local areas. However, they are being held back by financial and regulatory constraints. Will the Government match the Labour party’s and the Co-operative party’s ambition of committing to address those challenges and doubling the size of the co-operatives sector?

[Kevin Hollinrake]

Personally, I am a big fan of co-operative movements and the regional mutual bank system in Germany, which I have spoken about many times in this place. Of course, the Government supported the Co-operatives, Mutuals and Friendly Societies Act 2023, which helps to maintain the status of co-operatives. Social enterprises and co-operatives can also access support via the business support helpline as well as help through our websites and our network of local growth hubs.

Horizon: Compensation and Convictions

Debate between Rachael Maskell and Kevin Hollinrake

Monday 8th January 2024 Commons Chamber

[Kevin Hollinrake]

I agree that accountability is key. I think it is fair to say that my Department has learned lessons on governance. I spend a lot of time meeting the Post Office and, indeed, the Government’s representative on the Post Office board, UK Government Investments, to make sure that we have proper oversight of this arm’s length body. My hon. Friend is probably referring to something wider than the Post Office—other arm’s length bodies—and he raises a very important point to which we should certainly give consideration.

[Rachael Maskell (York Central) (Lab/Co-op)]

I understand how complicated it is to calculate compensation for individuals. My constituent’s numbers disappeared off their screen as transactions were being put through. Will the Minister ensure that more resources are put into supporting the process so that compensation can be paid more expediently?

[Kevin Hollinrake]

The hon. Lady is absolutely right. These are complex matters, and there are two ends to the compensation journey. One is the compilation of a claim by the claimant, which may include legal advice and assessments of health conditions, for example, so it can take time to compile a claim.

Under the GLO scheme, which is the most recent scheme, we have committed to responding to 90% of claims within 40 days. We believe we have the right level of resources at our end to make sure we can respond fairly and quickly. The assessments are made on the compensation side by independent individuals and panels. We think it is a good process and we think it is resourced properly but, of course, we will continue to give it proper oversight.

Draft Code of Practice on Reasonable Steps to be taken by a Trade Union (Minimum Service Levels)

Debate between Rachael Maskell and Kevin Hollinrake

Monday 27th November 2023 General Committees

[Kevin Hollinrake]

We did not think it necessary to develop a statutory code of practice for employers, but we are producing guidance for employers on how they can comply with their regulations and engage with their workforce in such situations.

To comply with section 234E of the 1992 Act, which was inserted by the 2023 Act, trade unions should take reasonable steps to ensure that their members who are identified in a work notice comply with that notice and do not take strike action during the periods in which the work notice requires them to work.

[Rachael Maskell (York Central) (Lab/Co-op)]

How will the employer be compliant with GDPR requirements in a multi-union environment where lists will be going to different unions and where the employer itself will not know which unions individuals belong to? How will the Minister ensure that the names of employees will not go to unions that do not organise those particular workers?

[Kevin Hollinrake]

The hon. Lady may be confusing two things. The employer and the unions both have a legitimate interest in the individual they are speaking to. The employer must speak to their workforce, and I am sure the unions will speak to their members. But this is all set out in both the statutory code of practice and guidance for employers. She will see more when she sees the guidance for employers.

[Rachael Maskell]

I am specifically talking about a multi-union environment. Where a number of trade unions are involved, how will the Minister ensure that GDPR requirements are met?

[Kevin Hollinrake]

It is not my responsibility to make sure that GDPR requirements are met.

[Rachael Maskell]

They can’t be!

Strikes (Minimum Service Levels) Bill

Debate between Rachael Maskell and Kevin Hollinrake

Consideration of Lords message
Monday 17th July 2023 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

Will the Minister spell out exactly how trade unions are to comply with and enforce a code that is outwith their jurisdictions in making workers go into work?

[Kevin Hollinrake]

The code of practice will be consulted on so that all parties are clear about what the obligations of the unions will be. We expect them to be quite straightforward. They have been debated at length, along with various ideas about how this might operate.

[Rachael Maskell]

rose—

[Kevin Hollinrake]

I want to end my speech shortly, but I will give the hon. Lady one last chance to intervene.

[Rachael Maskell]

As has been pointed out on numerous occasions, the measures that the Minister is trying to introduce are outside the jurisdictions of trade unions, which therefore do not have the powers to implement them.

[Kevin Hollinrake]

As I have said, we intend to consult with all parties to make sure that they have a chance to comment on what reasonable obligations a union might be required to take. I think that it is pretty straightforward, and, indeed, unions will be familiar with the code of practice on picketing that was issued under section 203 of the 1992 Act. This code will be subject to statutory consultation, including consultation with ACAS, and to the approval of Parliament. The consultation will give trade unions, employers and any other interested parties an opportunity to contribute to practical guidance on the steps that a union must take in order to make it as practicable, durable and effective as possible.

Strikes (Minimum Service Levels) Bill

Debate between Rachael Maskell and Kevin Hollinrake

Consideration of Lords message
Wednesday 21st June 2023 Commons Chamber

[Kevin Hollinrake]

If there is anybody whom the hon. Gentleman thinks was not able to contribute to the consultation, I ask him to please let me know, but it was open to anybody to make a submission to the consultation, and all those submissions will be properly assessed by Ministers and officials.

I turn now to the Lords amendments that would restrict the ways in which we can ensure that minimum service levels are achieved, Lords amendment 4B still leaves employers powerless to manage instances of non-compliance when workers strike contrary to being named on a work notice.

[Rachael Maskell (York Central) (Lab/Co-op)]

Could the Minister set out the timescale for the consultation and how he intends to carry it out?

[Kevin Hollinrake]

As the hon. Lady may know, our initial consultations closed around the middle of May—9 May to 11 May. Those submissions will now be considered, and we will report back to the House accordingly.

Strikes (Minimum Service Levels) Bill

Debate between Rachael Maskell and Kevin Hollinrake

Consideration of Lords amendments
Monday 22nd May 2023 Commons Chamber

[Kevin Hollinrake]

That is not what has been said, and I disagree with that perspective. The fact that other jurisdictions and other nations use this approach to making sure there are minimum service levels to protect the public, their lives and their livelihoods is indicative that it is the right thing to do. Indeed, as the hon. Gentleman knows, derogations exist in parts of our public services that do exactly what we are requiring services to do with minimum service levels; it is just that they do not work effectively all the time.

[Rachael Maskell (York Central) (Lab/Co-op)]

The Minister finds himself in an isolated position. At the Health and Social Care Committee on 9 May, NHS Providers, NHS Employers and NHS Confederation all said that the Bill was incredibly unhelpful and that additional legislation could make things more difficult, rather than improving the situation. Sir Julian Hartley, the chief executive officer of NHS Providers, said so. Why is the Minister going against the employers, not just the trade unions?

[Kevin Hollinrake]

We do not see that as being the case and we do not agree with that position. We think the Bill is effective and that it is the right thing to do to make sure that people can go about their daily lives unhindered, without fear or concerns about not being able to access vital public services.

I turn next to Lords amendment 1, which changes the application of the Bill from the whole of Great Britain to England only. The amendment would mean that strike action would continue to have disproportionate impacts on the public in Wales and Scotland. As the Government have always maintained, the purpose and substance of the Bill is to regulate employment rights and duties and industrial relations in specified services. Industrial relations is clearly a reserved matter and therefore we consider it right and appropriate to apply the legislation to the whole of Great Britain.

I also point out that the employer has statutory discretion on whether to issue a work notice ahead of the strike, specifying the workforce required to achieve the minimum service level. We hope that all employers will issue work notices to ensure that minimum service levels are achieved where it is necessary to do so. Employers must consider any contractual, public law or other legal duties that they have.

Oral Answers to Questions

Debate between Rachael Maskell and Kevin Hollinrake

Thursday 18th May 2023 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

16. Whether it remains her Department’s policy to bring forward an employment Bill.

[The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)]

The best thing we can do to help people with employment is to have a strong economy with low unemployment, and I am pleased to say that we have both. Although there is no employment Bill, the Government are supporting six private Members’ Bills to deliver on our manifesto commitments: helping new parents and unpaid carers, giving employees easier access to flexible working and giving workers the right to request a more predictable working pattern. The Employment (Allocation of Tips) Act 2023 has also now completed its journey.

[Rachael Maskell]

According to Stop Hurt at Work, 27% of employees experience bullying or harassment at work. There is no legal definition of workplace bullying and no simple path to restitution. Although we have been promised employment legislation by this Government since 2017, and in the light of Matthew Taylor’s “Good work” report, we have not seen an employment Bill in this Parliament to protect workers at work. Can we expand employment rights in legislation to ensure that there is a clear path to restitution for people experiencing bullying at work?

[Kevin Hollinrake]

I point out that the unemployment rate in York is at a record low of 1.4%, which is below the national average, as I am sure the hon. Lady would welcome.

Since the good work plan was published, the Government have taken forward a wide range of commitments, including giving all workers the right to receive a statement of their rights on day one and the right to request a more predictable working pattern. I am very happy to meet the hon. Lady following these questions to discuss the points she raises.

Employment Relations (Flexible Working) Bill (First sitting)

Debate between Rachael Maskell and Kevin Hollinrake

Committee stage
Wednesday 7th December 2022 Public Bill Committees

[Kevin Hollinrake]

I entirely agree. Whether they are related to a disability, childcare responsibilities or semi-retirement, such provisions mean that we can bring talented people back into the workplace, which is good for the talented people and for the workplace. I therefore entirely agree with the hon. Lady’s point.

To address the point that the hon. Member for Hampstead and Kilburn raised about whether an employee or potential employee can challenge the employer, it is about a dialogue. That is the key to this, and, as part of the legislation, there will be a dialogue between employer and employee around flexible working, so a discussion can happen at that point. The employer would have to set out a reason for refusal—there are eight reasons, such as customer service or productivity—so, at that point, there is not an appeal process. It is important to have a balance between the rights of employers and of employees, and I think that this strikes the right balance.

[Rachael Maskell (York Central) (Lab/Co-op)]

I welcome the Minister to his place and it is a pleasure to serve under you as Chair, Mr Davies. When Government pass legislation around employment law, they normally provide guidance to employers. Given that many people make decisions about the employment that they take up depending on the arrangements around flexibility, will the Minister ensure that there will be guidance about having that conversation at interview, and about making it the norm that discussions around work patterns are included in that conversation, to enable people to make informed choices about their future employment?

[Kevin Hollinrake]

The hon. Lady raises an important point. Of course, as she will be aware, we engage heavily with ACAS on such provisions, and it does some excellent work in providing guidance for employers. This measure will be no different, in terms of advice that might be available to employers and employees.

We consider the measure to be a key part of the policy package, bringing an estimated 2.2 million additional people into the scope of the legislation and encouraging early conversations about flexibility. The Government will introduce the day one entitlement through secondary legislation, alongside the measures included in this Bill, so we do not believe there is any need to amend the Bill to achieve that change.

The Government already have the power to make flexible working a day one right via secondary legislation and intend to lay the statutory instrument to remove the 26-week qualifying period when parliamentary time allows, so that it takes effect at the same time as the measures in this Bill. On that basis, I would invite the hon. Member to withdraw her amendment.

Section 21 Evictions

Debate between Rachael Maskell and Kevin Hollinrake

Tuesday 25th October 2022 Westminster Hall

[Kevin Hollinrake]

Like the hon. Gentleman, I have seen that briefing. That means that in effect somewhere between 20% and 30% of supply might go overnight, or go very quickly, and we have seen that in Scotland—[Interruption.] The hon. Gentleman can shake his head, but it is a reality. We have seen in Scotland a reduction in supply on the back of the abolition of section 21, followed by rent controls.

Back in York in the mid-1980s, what the Government are saying will happen is—

[Rachael Maskell (York Central) (Lab/Co-op)]

On a point of order, Ms Nokes. I do not mean this with any malice, but I think that the hon. Gentleman should refer to his entry in the Register of Members’ Financial Interests.

[Kevin Hollinrake]

I appreciate that. The hon. Lady could have made an intervention and I would have responded, but she is absolutely right, and I draw Members’ attention to my entry in the Register of Members’ Financial Interests. For many years, I owned an estate agency lettings business, which I do not own any more. I have, I think, four private rented properties in the private rented sector, but I absolutely do not speak on my own behalf; if anything, I speak on behalf of tenants, because I think that the measures being advocated would lead to a reduction in supply, which would ultimately be massively counterproductive for tenants. That is the conversation we should be having: one about whether or not this idea is good for tenants.

If the hon. Member for Liverpool, Walton will just indulge me for a second in terms of responding to his points—he is shaking his head, but if he just listened to my points, it might be useful. Rent controls applied back then. It was not as if rent controls were set according to market value, because there is no market value at that point. As soon as we introduce rent controls, we effectively get rid of market values. That is what happens. Back then the rent offices would compare a property only with other properties that had been rented out, none of which were accessible by the open market. Rent controls take us away from a free market completely.

The Government are also saying that if a landlord needs to reoccupy a property or wants to sell it, they will allow them to do that and ask the tenant to leave on that basis, but that loophole was closed then and it will be closed again. Back then, if someone wanted to ask a tenant to leave, they had to find another house for them. They had to be provided with another house, because the Government did not want that to be used as a back door to getting that tenant out.

--- Later in debate ---

[Rachael Maskell]

I will continue my speech for the moment, if I may. My hon. Friend the Member for Liverpool, Walton highlighted the sudden 52% increase in the number of evictions this year. There is a reason for that, and the hon. Member for Thirsk and Malton (Kevin Hollinrake) referred to it: section 24 of the Finance (No. 2) Act 2015.

We have to look at cause and effect in relation to evictions. In came legislation to curb the advantages of the buy-to-let market, meaning that landlords did not get the tax advantages they had previously had. As a result, they are in negative equity, and are therefore looking at how they can derive a profit. I see that happening in two ways in my constituency: first, landlords putting up rents significantly so that they can break even on their investment; and, secondly, landlords evicting tenants, either to put up rents—that is rare—or to flip the house over to become an Airbnb.

In my constituency, we have seen a sharp increase in the short-term holiday let market. The statistics for whole properties show that back in January 2018 there were 973. Now there are 2,118. That decreases the supply of available housing even more, so if more demand is placed on the market, up go the rents again. People in York are pulling their children out of school, giving notice on their jobs and moving out of the area. That has skewed the local economy. We cannot recruit to our public services, and we are in rapid decline, because those 2,000 homes were built to be residential. With a council that is not building, the market is rapidly becoming overheated; it is broken. When someone can make £700 over a weekend on a property—a party house, as we see in the Airbnb market in York—or £945 on rent every month, why would they hang around and not flip their property? That is how the section 21 notices are being used in the residential areas of York. It is breaking communities and harming the market. It also shows how broken the whole market is.

On top of that, the local housing allowance does not meet the levels required, for people who would much prefer to be in social housing. We have to look at the broad rental market area, which is far too large. When there is a heated-up housing market, people who cannot get into social housing also cannot get into private housing, and they have nowhere to go.

[Kevin Hollinrake]

The hon. Lady is making a good point about holiday homes. Does she concede that section 24, which limits mortgage interest for people who provide homes to the private rented sector but does not apply to holiday homes, is one incentive to make a property a holiday home? If section 21 were abolished, there would be at least two reasons to provide a holiday home, rather than a property to the private rented sector.

[Rachael Maskell]

The hon. Member makes a point, but it is not an either/or scenario. I appreciate that it is a mess, but the Government have to mop up that mess, as it is of their own making. The fact we have seen landlords rapidly flip their properties demonstrates the urgency of addressing the issue.

I hope hon. Members will support my private Member’s Bill—the Short-term and Holiday-let Accommodation (Licensing) Bill—which is due to have its Second Reading on 9 December. I am looking to license the short-term holiday let market to provide security and allow local authorities the control to prevent some of that flipping. We have to get to the source of the problems. I trust the Minister will address that today.

Asylum Reception Centre: Linton-on-Ouse

Debate between Rachael Maskell and Kevin Hollinrake

Tuesday 24th May 2022 Commons Chamber

[Kevin Hollinrake]

My hon. Friend is absolutely right. This is not just about the site not being right for the residents of Linton-on-Ouse; it is not right for the asylum seekers, either. I am yet to find any agency that supports this facility in this location, whether police or local authorities, or anyone in the community itself. Crucially, the refugee agencies that have attended all the public meetings I have attended have been clear that this is the wrong facility in the wrong place. That cannot be right for the asylum seekers themselves. Inevitably, in a small local village with no amenities other than a village shop, they will be bored, whatever is put on the site in terms of some amenities, which, to be fair, the Home Office is doing.

[Rachael Maskell (York Central) (Lab/Co-op)]

I am grateful to the hon. Member for bringing forward the debate, which impacts on my city of York, as I have discussed with York City of Sanctuary. We are concerned about people’s access to vital infrastructure and services such as the NHS, which is based in the middle of my constituency. It is completely inaccessible outside of hours for people in Linton-on-Ouse without private transport.

[Kevin Hollinrake]

The hon. Member raises a good point. The first tranche of 60 people—service users, as they are called by the Home Office—are due to move in in seven days’ time. There was an indication by the Home Office today that that might be delayed. We do not know by how long yet, but nevertheless, none of the plan for mental health support, GP support or dental support has yet been articulated. The police plan has not yet been articulated. It is simply wrong. We are going far too quickly with this. We need to slow down, pause, look again, consult properly and make sure that we have mitigations in place.

I was on the call with the police and the Home Office today, and the police came out with the phrase that they use, that they want to keep people safe and for people to feel safe. Neither of those things do people in Linton-on-Ouse feel. People do not feel safe. I think those fears are rational; they are not irrational fears. In any cohort of 1,500 young single men, there will be some who do not play by the rules. The vast majority will, but that is of little comfort to people genuinely in fear of their lives and wellbeing. I have had children as young as nine writing to me and meeting me at these public meetings saying how panic stricken they are. I have had elderly residents saying that they have lost the sale of their home and they are in ill health, including one lady whose husband is in ill health. This issue is changing lives today.

Crucially, one thing that has not been considered at all—this was the subject of an exchange of correspondence with the Home Office only yesterday—is what happens to existing service personnel in accommodation on the site and in the village. According to the Home Office, they have been given an option to move elsewhere, but that should not need to be the case. What happens with someone in the armed forces, currently or previously, who has already bought a house in the village of Linton-on-Ouse? I speak with some experience in the property market, and there is little chance of selling any house in Linton-on-Ouse at the moment. We are basically saying to service personnel or former service personnel who live in the village—it is commonly known where they live, and it may be that some of these service users hold a grudge against service personnel who have fought in Iraq and elsewhere—that a grudge held against them might put their lives in peril. No consideration has been made of that. It cannot be right that the Home Office is not showing a reasonable duty of care.

Terms and Conditions of Employment

Debate between Rachael Maskell and Kevin Hollinrake

Tuesday 3rd March 2020 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

We are here today to debate the establishment of statutory parental bereavement leave and pay arrangements following Royal Assent to the Bill known as Jack’s law, in memory of Jack Herd. I pay tribute to his mother, Lucy, who will today see her work reach its concluding stages.

I am sure that Members on both sides of the House welcome the introduction of these measures, and I thank those from all parties who have advanced the need to establish bereavement leave and pay. Over the past few years, Members have recalled their own personal grief at the loss of a child or a stillbirth. The pain, the heartache and the impact are personal, but those who have had to face such sadness need a state that provides universal support to parents. In particular, I want to thank my hon. Friend the Member for Swansea East (Carolyn Harris), who has powerfully shared her own circumstances following the loss of her son and has forced Parliament to take a fresh look at bereavement, and the hon. Member for Thirsk and Malton (Kevin Hollinrake), my North Yorkshire colleague, who took the private Member’s Bill through the House.

I know that trade unions and businesses also welcome these measures. The Opposition believe that this is a first step, and one that we hope to build on as better understanding of grief and bereavement is acknowledged. While the provisions make adjustments for a period of two weeks, for those who have experienced loss, bereavement can last a lifetime. We need employers to look at what more can be done to support workers at difficult times.

I want to raise a number of issues regarding the regulations. The statutory instrument on pay applies only to employees. Clearly the measure is welcome, but it means that not all workers, as the Minister said, can access the provisions. Regulation 11 of the draft Statutory Parental Bereavement Pay (General) Regulations 2020 defines who would be entitled and who would be excluded, but will the Minister set out how he plans to address this inequality? Labour is clear: we would want to create a single status of “worker” to which all provisions would apply.

How will the Government ensure that bereaved parents in precarious work, including those on zero-hours contracts, can access two weeks’ statutory bereavement leave? While the provision for a statutory period of leave applies to all employees, the regulations that come into effect on 6 April 2020 make provision for statutory pay to apply only to those who have completed six months of service. However, bereavement and loss do not respect timelines. If someone loses their baby or child in their first six months of employment, the provisions should be extended to them. The loss is as great, and the need for leave and support as necessary.

The fact that the ability to take leave will, for some, be without pay means that those with the fewest means might not be able to afford to take it. Will the Minister set out why there is a limitation for those who have worked for less than six months and will he review it? While the regulations make provision for leave and pay for parents who lose a baby through stillbirth or who lose a child up to the age of 18, what provision has been made for parents who experience baby loss earlier in pregnancy? Further work should be done in this area.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

I thank the hon. Lady for her kind comments earlier. She will acknowledge that, as the Minister said, this is a signal to employers. It is not simply a case of, “This is what you have to give.” She will agree that most employers are considerate in such circumstances and will go much further than the regulations require. This is the floor that we will work from, rather than the ceiling.

[Rachael Maskell]

I thank the hon. Member for his comments. He is absolutely right that this should be the beginning of a much broader conversation with all employers, whatever the circumstances in which they employ their staff.

It is believed that 10,200 parents each year will be eligible for statutory parental bereavement leave, with 9,300 eligible for statutory parental bereavement pay, meaning that about 1,000 parents a year will not be entitled to the pay provision. Will the Minister look again to see if day one provision could be extended specifically in that area?

I further seek to clarify that under the provisions of regulation 8 of the draft Parental Bereavement Leave Regulations 2020, two weeks’ statutory parental bereavement leave could commence following a completed period of maternity or paternity leave, provided that the two weeks’ allowance is used within 56 weeks of the loss of a baby or child. Labour believes that ensuring that all workers have day one rights would recognise that loss is loss and bereavement is bereavement. Arbitrary timescales should not come into this. While we would extend day one rights to all areas of employment law, it is important that the position is revisited for bereavement pay.

I also trust that employers will recognise the strength of these arguments and seek to go further when implementing these provisions. Good employment focuses on taking care of the holistic needs of the workforce, most acutely at the time of greatest need. We need to provide more time, time spread over a longer period, full pay, and support at key times, for instance on anniversary days. I trust that employers will be compassionate in making the fullest offer to staff, should they experience the loss of a baby or child.

Of course, bereavement brings its own patterns of grief, and time is necessary to come to terms with such loss. I hope that the Government will revisit this shortly, perhaps in the forthcoming employment Bill. The loss of a parent can often involve people having to take many additional practical measures to manage the parent’s estate or belongings, such as clearing a property. Bereavement leave could therefore be extended.

Research shows that not all parents are aware of their rights. For instance, 58% of those in low-paid work are not aware of what they are entitled to, and 63% are not aware of the right to unpaid parental leave, according to the TUC. Some have been found to use sick leave to address a family caring responsibility. That highlights the fact that from 6 April, not all parents will be aware of the changed provisions. Will the Government put in place a systematic approach so that parents can learn about these new measures? While we would hope that employers will inform their staff, may I suggest that NHS and hospice staff, as well as registrars for deaths, are briefed on the new provisions?

From 6 April this year, bereaved parents will have some time and support to manage the difficult days and weeks following the loss of their baby or child. This is a first step, and the Opposition will support the regulations today.