Enterprise Bill [Lords]

Anna Soubry Excerpts

Wednesday 9th March 2016 Commons Chamber

[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.

--- Later in debate ---

[Greg Mulholland (Leeds North West) (LD)]

I will not take up too much of the House’s time. Unfortunately, we did not have the opportunity to debate the important new clause 10 and amendment 20, so I wish to put a few words on record, especially as the Minister for Small Business, Industry and Enterprise is in the Chamber.

I gently say that ours is a strange system whereby automatically Opposition amendments are dropped and Government amendments go through, especially because, as we have just seen with the amendment on Sunday trading, that does not always reflect what happens in the House. I strongly believe that new clause 10 would have had the support of a majority of MPs. It was not my intention to press it, however, because I had hoped to hear from the Minister that she accepted its terms. It was tabled to deal with a disgraceful loophole whereby tenants of large pub companies taking the all-important market rent-only option would have to surrender their existing lease and accept a shorter five-year lease, which would be wholly unacceptable.

Clauses 39 and 40 deal with the pubs code and the adjudicator, and I thank the ministerial team for listening to concerns about paragraph 8.12 of the draft code and dealing with them. The matter is being addressed in the Bill because of concerns about the draft code and the unacceptable nature of some of its provisions. I can tell the Minister that tenant groups are reporting some quite disgraceful behaviour from pub companies as an attempt to both game and circumvent the forthcoming pubs code, which comes in on 1 June. The Bill was the only opportunity to amend primary legislation that could then affect the content of the pubs code. Now it is a question of working with the Minister and her team to try to deal with some of these issues.

[Anna Soubry]

Does the hon. Gentleman welcome, as I do—and announce—the appointment as the pubs code adjudicator of Paul Newby, who I am sure will look forward to meeting the hon. Gentleman? Will the hon. Gentleman also accept my assurance that we will be true to all that was said and agreed on the Floor of the House last year when the legislation went through? Please may we work together to ensure that we have a good pubs code?

[Greg Mulholland]

I thank the right hon. Lady for her comments and their tone. The answer on both counts is yes, absolutely. I presume that the Minister’s news is hot off the press because I certainly had not heard anything about the adjudicator. It is huge news.

[Anna Soubry]

You are the first to hear.

[Greg Mulholland]

That is marvellous. That appointment is now public, and it is a very significant announcement. I do indeed look forward to meeting Paul in my role as chair of the British Pub Confederation.

I take the Minister at her word about sticking to the clear commitments that were made in both Houses. However, there is a need within the pubs code to deal with what is happening now. The purpose of amendment 20 was to stop the gaming, the use of section 25, and the use of bribes as well as bullying to try to force tenants to sign up now. Pub companies are making desperate attempts to try to carry on the exploitation of the beer tie, which is what the Government have rightly legislated to stop. That behaviour now needs to be stopped, because lots of tenants will otherwise find that they are forced, bullied or bribed into signing up to new agreements that do not have the market rent-only option.

I look forward to discussing those issues with the Minister and to presenting the evidence to her and her team that is drafting the pubs code. I urge her to learn the lessons of the beer orders and not to give in to industry lobbying, or to allow loopholes that are then exploited and gamed by large companies. If that happens, the code will simply not do the very things that she has talked about and her team have signed up to. I look forward to speaking further with her about that.

Question put and agreed to.

Bill accordingly read the Third time and passed, with amendments.