Employment Rights Bill

Baroness Falkner of Margravine Excerpts

Report stage
Wednesday 23rd July 2025 Lords Chamber

[Lord Goddard of Stockport (LD)]

Follow that. I failed my Bar exam at 11 and I never retook it, so I am at a disadvantage to the House in trying to sum up the debate on this amendment. My noble friend Lord Marks made the case that this is not just an open-and-shut, bonkers piece of legislation; there is more to it.

Last week, I went for my health check, and I had my blood pressure and cholesterol checked. I recommend that the noble Lord, Lord Murray, keeps away from his doctor until probably next Wednesday, because his blood pressure will probably come down by then. That is meant in good spirit, because the noble Lord believed what he said and expanded on it.

For me, there is a different question here. This got a real going over in Committee too, where it all got a bit contentious with the lawyers. The noble Lord, Lord Pannick, always rises carefully and slowly and makes a forensic examination. Unfortunately, my noble friend Lord Marks tries to challenge that, and the noble Lord, Lord Pannick, has to have three or four more goes. However, we are not in the High Court, we are in the House of Lords, so we listen to the exchange.

The point that I am trying to make is that we have spoken to the Government. When somebody said, “We’ve spoken to the Government”, others went, “Ooh, no!” That is the point. There is the Bill and we should talk to the Government. We should raise our concerns with them and see what they have to say. But you do not do that because, “This is a good open goal. This is one we can really embarrass the Government with”. Well, you cannot—because the Secretary of State will have the power to look after somebody who needs looking after.

All those hundreds of years ago, when we had slaves, it was not the slaves who were petitioning to be freed; it was liberal-minded people who thought it was wrong that they should have no say and no place. That is what happens. Workers get jobs. They may be illegal or migrants, but whatever they are, they are human beings and they deserve support. Yes, the state is ultimately the last resort. When everything else fails—health, sickness, drug addiction or whatever it is—the state is the ultimate provider of care from the cradle. In my opinion, there is nothing wrong with the state saying—

[Baroness Falkner of Margravine (CB)]

My Lords, I too need to apologise to the House because I have not spoken previously on the Bill. I am therefore required, I am afraid, to add a few seconds of tedium in declaring my interest as chair of the Equality and Human Rights Commission. I am required to do that, but I emphasise that I am speaking tonight in a personal capacity.

I rise to question what was said by the noble Lord, Lord Goddard, and others who referred to the Government’s desire to protect those people who are vulnerable, who might be migrants or new arrivals, and who might not know their rights under the law. Of course that is a laudable aim. However, as someone who is a first-generation migrant—I came to this country in my own capacity—and who has slowly learned of my rights and my ability to exercise them, I can say to the noble Lord, Lord Goddard, that there is very good reason why those people need autonomy and privacy. They may not wish to be the subject of litigation because they have very palpable concerns about safety and their economic and familial status, particularly in a world with social media and high levels of media attention, if they are exposed as having done anything at all these days.

The reason that migrants and vulnerable new arrivals in our country keep a low profile, when they choose to do so, is very understandable. The idea that the state should pluck them, decide that they have been badly treated and use them as an example is pretty shocking and deleterious to their interests. It will not help them; they will hide under cover even more than they already do.

[Lord Goddard of Stockport (LD)]

I heard what the noble Baroness said, and I accept her premise. By the same rule of that premise, those people suffer or are treated badly until they become accepted in society and can then raise their heads above the parapet—if that is the logic of the argument the noble Baroness is trying to make to me. The noble Lord, Lord Marks, makes it quite clear that anonymity is absolutely four-square in this, so it does not happen that the media get hold of it or it appears on the networks and makes things different.

Where a case ends up with the Secretary of State and the evidence is there that somebody is in such a situation, why should the Government not intervene and say, “You have been treated so badly that we are going to stand up for you in a tribunal” or, “We are going to try to do something”? If you look at the bigger picture rather than the individual pictures, there is a way through this, without thinking that it is—this is the last time I will say it—a bonkers Bill. It is not bonkers. The theory behind it is sound. Perhaps it has not been explained clearly enough.