“Chapter 4A

Debate between Ashley Fox and Louise Haigh

Tuesday 11th March 2025 Commons Chamber

[Louise Haigh]

I am grateful to my hon. Friend for that intervention; he is absolutely right. There are many organisations, including the BBC, that as a policy do not use NDAs.

Imagine suffering that kind of treatment at work: losing your job, losing your health, and then being banned from explaining to another potential employer, or even your closest friends, what has happened to you. It makes it next to impossible to recover from the experience, very difficult to find work again and vanishingly unlikely that the organisation will face up to its wrongdoing and enact change.

For Mr B, for survivors of monsters such as Mohamed Al-Fayed, and for the thousands of victims across our society who have been legally required to suffer in silence, I hope the House can agree that such agreements have no place in modern society. And if it can happen in organisations such as ITN, whose job is literally to expose injustice, or in trade unions, whose job is to protect workers, then it can happen anywhere. Organisations in these instances, no matter who they are, will circle the wagons and protect themselves rather than the victim. By doing so, they protect abusers. That is why we must simply remove the tools of their abuse and end the use of NDAs in these circumstances.

I am very grateful to the Minister for his earlier response and for confirming that the issue warrants further consideration, but may I press him a little further on exactly how we can see progress? And we must see progress. It is sickening that across the country women and men will have suffered abuse in their workplace and that, instead of action against the perpetrator, they are the ones who are shamed and silenced, ganged up on by lawyers and sentenced to a lifetime of regret.

[Sir Ashley Fox]

As a member of the Public Bill Committee for the Bill, I was surprised by the number of amendments the Government tabled to their own legislation in Committee. There were hundreds of amendments, demonstrating how badly the Bill was drafted when it was first proposed. It was clearly a bad idea to commit to introducing such a major piece of legislation within 100 days of the election, but I guess that was the price of trade union money to fund the Labour party. Having had 21 sittings in Committee scrutinising the Bill line by line, we now find ourselves with another vast number of Government amendments once again, but this time with only two days to scrutinise it. Most of the amendments on the amendment paper are the Government’s. The amendment paper is thicker than the original Bill.

This is a bad Bill. It pushes up the cost of labour, makes our flexible labour market less flexible and will increase unemployment. I am pleased to have tabled new clause 30, which would add special constables to the scope of section 50 of the Employment Rights Act 1996, giving them the right to unpaid leave to perform their duties. Special constables are volunteers who give their time at no cost to the taxpayer to help our police forces. Specials have existed in some form ever since the Special Constables Act 1831, which allowed justices of the peace to conscript volunteers to combat riots and social unrest. The special constabulary as we know it was established by the Police Act 1964, which gave chief constables the authority to appoint and manage special constables. Today’s specials carry all the same legal powers as their full-time counterparts, both on and off duty, and put themselves in harm’s way without payment to keep our society safe.

Today, the special constabulary—an institution that has served this nation for nearly two centuries—faces a crisis. The number of volunteer officers has fallen by two thirds in the past decade; in the past year alone, we have seen a 20% drop. Many police forces now face significant gaps in their special constabulary ranks. This is not just a temporary dip, but a long-term trend. There are multiple factors at play, but clearly becoming a special is not an attractive proposition to too many potential recruits. I believe we must act now to ensure that the special constabulary continues to play a vital role in policing for generations to come.

It is in that context that I bring forward my amendment to the Bill, which seeks to amend section 50 of the Employment Rights Act 1996. For those who are not aware, section 50 allows those undertaking a number of community roles to request unpaid time off work to perform their duties. On the list are magistrates, local councillors, school governors and even members of the Environment Agency. It seems strange to me that we would exclude those prepared to keep us safe from the list of community-minded citizens.