Sunday Trading (London Olympic Games and Paralympic Games) Bill [HL]

Baroness Browning Excerpts

Thursday 26th April 2012 Lords Chamber

[Lord Myners]

My Lords, it is good to see the Minister back on the Front Bench. We missed him yesterday when we discussed the progress of convergence under Maastricht. He would no doubt have been as surprised as we were on this side of the House that in an important economic debate there was not a single speaker from the coalition government Benches in support of the Government’s economic policy.

I declare an interest as a former retailer, not as distinguished in my achievements as the noble Lord, Lord Alliance, who I see in his place, but as a previous chairman of Marks & Spencer.

I join my noble friend Lord Davies in making it clear that we on this side of the House support the fundamental intention of the Bill. We will take issue in Committee not with its intent but rather with its phrasing. That said, it is lamentable and shambolic that the Bill should be before the House now, so that the three-month notice period which the law allows for those who work in retailing in other circumstances will not apply. It is a shambles, although I do not think that that is the Minister’s fault.

The economic case that has been made for this proposal is equally shambolic and flimsy. I am sorry that I was not here for the Minister’s speech on Second Reading but I have read it in Hansard. It was a very good speech and he explained the situation very carefully. I was disappointed not to be here for what may well have been the Minister’s parliamentary high point in terms of his contributions to the House. He made an extraordinarily good speech on the issue of Sunday trading. However, the economic case—which is presumably one of the reasons why the Treasury is taking responsibility for the Bill—is extremely flimsy. On every key quantifiable metric we are told, “Not applicable”. Net present value: “Not applicable”. Impact on economy: “Not applicable”. To every question we receive the reply that it is not applicable. Indeed, no acknowledgement is given at all in the narrative to substantial data and evidence suggesting that the total number of visitors to the United Kingdom might be lower as a result of the Olympics. Those who come specifically to participate in, celebrate and observe this wonderful event—which we are clearly going to do a great job in hosting—will be offset by those who say, “It is not probably a good time to go to the United Kingdom”.

It does not seem that the Government have done a great deal of research among retailers. It has been difficult to find leading retailers that are enthusiastic about the intention of the Bill. Indeed, Mr Justin King, the chief executive of Sainsbury’s, who is Mr Boris Johnson’s representative on LOCOG, has said that he does not support this proposal. I find it extraordinarily difficult to imagine a family, having observed Usain Bolt in the 100 metres, deciding that now is a good time to go and do the weekly shop at Tesco. I do not think that the economic case that has been made is particularly good.

[Baroness Browning]

I have been following what the noble Lord has said very carefully and wonder if he can help me on this. I understand from papers available in the Printed Paper Office that the Centre for Retail Research estimates that the impact of relaxing these laws will benefit retailers by £189.8 million and that food stores will enjoy a boost of £61 million. That is clearly documented in papers available to the House today.

[Lord Myners]

Those data were not included—I shall give way to the Minister if he wishes to correct me—in the Bill’s economic impact assessment, at attachment C, when I obtained the documents from the Printed Paper Office yesterday morning.

[Lord Myners]

I am grateful to the noble Baroness, Lady Browning, for her intervention, and to the Minister for correcting the noble Baroness by saying that there was no impact assessment and that the data from which the noble Baroness quotes do not constitute an impact statement. The numbers quoted by the noble Baroness, incidentally, are probably less than a week-end’s takings at Westfield and take no account of displacement—that is to say, the spending which would have taken place in any case but is now being brought into these Sunday trading permitted-hours figures or displaced from smaller stores to larger ones.

I should like to talk about treating people fairly, because that seems to be the issue on which the House wishes to focus in Committee.

[Baroness Browning]

Will the noble Lord allow me to intervene?

[Lord Myners]

I will give way in a moment, but I want to talk about treating people fairly.

This is an issue of ensuring that employees have adequate notice. Sunday is a special day: many choose not to work on Sundays or to limit the number of hours they work. We know from research by USDAW that a very high percentage of shop workers already feel under great pressure to work on a Sunday when they would rather not do so and would rather be with their families, and to give people inadequate time to make a decision is a most regrettable outcome.

We have two amendments, but I believe that the amendment proposed by my noble friend Lord Davies of Oldham is superior in its precision of expression. The key issue is to ensure that we treat employees fairly and that they do not feel pressurised—that they have time to reflect, to consult their families and to take into account other options that might be available to them. They should not be strong-armed and muscled into doing something that they do not want to do but perhaps feel they cannot avoid given the extraordinarily bad employment situation facing the economy.

I am willing to give way to the noble Baroness, Lady Browning, but I do not think that we disagree on the data. The data to which she refers are of course helpful and the Minister has explained, in a correct and proportionate way, that a full impact assessment would not have been justified for the proposal as made. However, it is clear that a very poor economic justification has been given. I shall support the amendment of my noble friend Davies of Oldham if I have the opportunity.