Enterprise Bill [Lords]

Alan Brown Excerpts

Wednesday 9th March 2016 Commons Chamber

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Will the hon. Gentleman give way?

[Bill Esterson]

I am not going to take any more interventions at the moment. We have not got very long, because the Minister took so much time, and a lot of Members want to speak.

The Minister claimed that the Bill would help workers, but 91% of shop staff oppose longer Sunday opening hours and only 6% want more hours on Sundays. Listening to the Minister in Committee, we might have been forgiven for thinking that the figures were the other way around. The Minister says that he is improving workers’ ability to opt out of Sunday working. Let us just go through some of what happens now. Staff who apply for jobs with some retailers are asked whether they will work Sundays. Failure to say yes can mean no interview. Staff who are still in their notice period who try to opt out of Sunday working can and do lose their jobs. Staff who try to opt out of Sunday working can and do lose hours. Staff who want to opt out come under pressure from managers and colleagues not to do so. The reality is that staff already have to work on Sundays in too many large retailers when they do not want to, when they would rather spend more time with their children or—as most people want to do on Sundays—enjoy leisure time or rest. What happened to the family test?

--- Later in debate ---

[Hannah Bardell]

I am pleased that we have the opportunity to debate the extension of Sunday trading hours. Since the original proposals were withdrawn by the Government, my colleagues and I have been engaging widely with people and organisations on both sides of the debate. Contrary to media speculation and the misinformation peddled by Government Front Benchers, the SNP has, as we said we would, reached our conclusions on the basis of the evidence that has been presented to us.

There are a variety of views across this House and across the country. I intend to outline my concerns about the effect of the UK Government’s proposals on workers’ rights and benefits in Scotland and the UK. However, I should say at the outset that my SNP colleagues and I have no objection to the principle of extending trading hours on Sundays. After all, in Scotland, as has been said many times, we already enjoy unrestricted trading hours on Sundays. It is important to note that in the past, restraints on Sunday opening in Scotland have existed, but they have largely been social rather than legal. There are, of course, areas of Scotland where there is greater religious observance and Sunday opening hours are more restricted but, in general, the practice of longer opening hours on Sundays, particularly in retail, is now well established throughout Scotland, and some evidence suggests that that has been the case since the late 1980s.

The UK Government’s proposals represent the uniform deregulation of trading hours restrictions across these islands. That is not necessarily a bad thing, but without adequate legal protections, which we and others have called for, the employment protections of workers and their remuneration would be threatened.

The Government’s impact assessment, which was published only this morning, identifies more than 450,000 retail workers across the UK who receive premium pay, but in the 44-page assessment, the Government dedicate just one paragraph to that and dismiss out of hand the concerns of workers and of USDAW. Even now, faced with defeat, the UK Government refuse to offer assurances about premium pay. They engage in ping-pong politics, looking for ways to get the numbers through the Lobby.

[Alan Brown]

My hon. Friend rightly underlines the point that we have always made about the long-term erosion of premium pay. A sham of a pilot has been offered, but does my hon. Friend agree that that cannot address the long-term erosion of premium pay? Nobody participating in a pilot is going to take away premium pay—they will have to wait until the pilot is finished.

[Hannah Bardell]

I entirely agree.

My SNP colleagues and I made it clear in November last year that we would oppose the UK Government’s proposals, and we oppose them now. We challenged the UK Government to think again about how they could provide the necessary guarantees and safeguards to shop workers in Scotland and the rest of the United Kingdom. I was pleased that the Government tabled a new schedule in Committee—it now forms part of the Bill, although it is threatened with removal—that sought to amend the Employment Rights Act 1996 to give more explicit protection to shop workers opting out of Sunday work, including protections against such workers being discriminated against. Our Labour colleagues have referred to the legal opinion that they obtained.

SNP Members welcome the extra protections for workers. They show that the UK Government can, when they want to, listen and, on occasion, act to do the right thing. The SNP commissioned its own legal opinion from a leading Scottish silk to examine the protections in detail. We are satisfied that they represent a significant increase in employment protection across the UK, and those protections would not have materialised without the SNP’s opposition.

--- Later in debate ---

[Alan Brown]

My first time on a Bill Committee was during the passage of this Bill, and the journey has certainly been interesting from start to finish. In Committee, as outlined by the hon. Member for Cardiff West (Kevin Brennan), we had a vote that was not a vote and then a re-vote, but that will hopefully not be the future. Today, it was good that the Secretary of State gave the SNP complete credit for the Government defeat. We are happy to take that, but it was actually the result of work across the House and the amendment of the hon. Member for Enfield, Southgate (Mr Burrowes).

I was slightly frustrated by today’s proceedings, because I hoped to table an amendment relating to cash retentions, which is a big issue in the construction industry. It represents another missed opportunity for the Government. Our attempt to table an amendment proves that we are not about grabbing headlines, and we have been serious from start to finish in what we are doing.

[Pete Wishart]

I do not know whether my hon. Friend has some words of consolation for the Secretary of State, who seemed to be unduly upset about the temerity of SNP Members to come to the House and vote in the interests of Scottish workers. Does my hon. Friend have any advice to help him to get over his grievance?

[Alan Brown]

The Secretary of State could give us further devolution for a start. If we had been given more powers in the Scotland Bill, as we wanted, perhaps the Government would need to worry less about us.

Another interesting aspect of what we have seen today is the Government’s last-minute so-called “concessions”, and we are going to get amendments that we do not know about, in the House of Lords. The Government need to make up their mind whether they are in favour of the House of Lords and what is being done in there or not. Only last week they were not happy with what the House of Lords is doing but today we are supposed to vote with the Government because the Lords will save us—I do not know where we are going with that.

[The Minister for Small Business, Industry and Enterprise (Anna Soubry)]

You spoke in favour in the Committee—

[Alan Brown]

I did not speak in favour of Sunday trading in Committee, because I did not speak about Sunday trading in Committee, and the record will prove that. My hon. Friend the Member for Livingston (Hannah Bardell) spoke in favour of stronger workers’ rights, and that is also there for the record.

I have mentioned cash retentions, and the Minister’s attitude to dealing with that matter is to acknowledge that it is an issue but to say, “Don’t worry, we have a Government review. We will do the review and then we will implement the measures.” We have to put all the trust in the Minister, but we should consider what the proceedings on Sunday trading show. The Prime Minister said, “We won’t be doing Sunday trading” but it was then proposed, even though it was not in the manifesto, and today we have seen last-minute deals. That proves that we cannot have any trust there, which is why I wanted to have a vote about cash retentions.

[Kevin Foster]

I was interested to hear the hon. Gentleman’s comments on Sunday trading. Will people working in Scotland’s largest supermarkets be able to look forward to hours restrictions from the SNP Government at Holyrood, given the SNP’s attitude towards that issue in England?

[Alan Brown]

It is a different argument. The Government did not publish a full, proper impact assessment. The impact assessment that came before me was suggesting that workers might lose up to £1,400 a year and there could be £70 million lost out of the Scottish economy—that is from a published economist. When the Government cannot counteract that, I will go with that information. My conscience told me to vote on that basis and do the right thing.

Let me conclude on the cash retentions. We are seeking a retention deposit scheme similar to the tenant deposit scheme. This has been implemented in other countries— it has just been introduced in New Zealand—and shown to work well. It would protect small businesses. Up to £3 billion is held in cash retentions at any one time, and £40 million was lost in 2015—this is money the small companies could not recover because of bankruptcy in the other companies. Given that this recovery is meant to be based on small and medium-sized enterprises, this was another missed opportunity by the Government. I will leave it at that.