Bill Esterson
Main Page: Bill Esterson (Labour - Sefton Central)Department Debates - View all Bill Esterson's debates with the HM Treasury
Enterprise Bill [Lords]
Bill Esterson Excerpts(8 years, 9 months ago)
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Brandon Lewis
No, I am not going to take an intervention. We need to allow other hon. Members to have their say.
We have listened to the principled opposition to our plans. I have listened to colleagues who have made strong, passionate and clear proposals to us, and we are amending them accordingly with our proposal for an exploratory evaluative phase, which we will lay amendments for in the other place—a draft is available for colleagues to look at now. I therefore call on all Members to support the Government’s amendment and to vote against amendment 1.
Bill Esterson (Sefton Central) (Lab)
Welcome to our deliberations, Madam Deputy Speaker. I should refer the House to my entry in the Register of Members’ Financial Interests.
That really was the “Trust me, I’m Honest Brandon” speech: “We’ve got it wrong so far. We promise to do better next time, so I’m begging you to support me, despite making such a mess of things so far.” Honestly, have we ever heard anything quite so absurd?
The Minister asked why we did not vote against the measure in Committee, so I will read him what my hon. Friend the Member for Cardiff West (Kevin Brennan) said then:
“I will cut short my comments and simply say that we are against these proposals—”
that sounds pretty clear to me—
“but we will not vote against them at this stage because we want the opportunity to test the opinion of the whole House on Report.”––[Official Report, Enterprise Public Bill Committee, 25 February 2016; c. 328.]
Today that is exactly what we are doing.
Joan Ryan
Is my hon. Friend aware of any provision that allows Government Members to pre-empt a decision in the other place, or to offer this strange variant on a deferred Division on a proposal that nobody anywhere—other than those on the Government Front Benches, and possibly not all of them—actually wants?
Bill Esterson
My right hon. Friend makes a good point, and the Government have had ample opportunity in the Lords—[Interruption.] As my hon. Friend the Member for Makerfield (Yvonne Fovargue) reminds me, this provision was not even mentioned in the Lords. It was not in the original Bill, and it was not mentioned until Second Reading, when the Secretary of State announced for the first time that the Bill would cover Sunday trading. The Minister had plenty of time to table amendments then, in Committee, or today, but he chose not to. Why should we believe a word he says?
Mr Shuker
Let me underline the point made by the hon. Member for Enfield, Southgate (Mr Burrowes). If we want enhanced provisions, surely the logical thing is to vote for amendment 1. There is nothing to prevent the Minister from bringing his provision forward in the House of Lords, regardless of the vote, other than the fact that we have not amended the Bill and it stands in the way he has presented it to us today.
Bill Esterson
Let me answer my hon. Friend. Perhaps the Minister will answer the similar point made by the hon. Member for Christchurch (Mr Chope). Why does he not go back to the drawing board, start again with a new Bill, and bring it back to us once it has been properly considered? Both Houses should have ample opportunity to consider this issue properly, debate it fully, and get the right conclusions and legislation. He could start again.
Brandon Lewis
Let me help the hon. Gentleman and his colleagues. I outlined the measures in the way I did because, if amendment 1 is accepted, the Sunday trading clauses will not apply. We need to support the Government amendments in order to amend the Government amendments in the House of Lords. From a technical point of view, that is why we did it in that way. I want to ensure that we run these pilots for the benefit of local economies.
Bill Esterson
That is complete nonsense. The Minister had long enough when he was on his feet to demonstrate the nonsense of what he is saying. The only way to do this is to start from scratch, and enough hon. Members across the House have made that point. The Minister should listen, particularly to his own Members, who have made that point well.
Rachael Maskell (York Central) (Lab/Co-op)
Are we moving towards talking about a hypothetical amendment with hypothetical evidence, when in fact this provision could create huge risk for neighbouring areas that will not be part of the pilot? In 12 months’ time, those businesses may no longer exist.
Mark Durkan
Do we not have a choice today between a clear amendment that we can understand, feel and touch, and, not just a flat-pack pilot scheme, but an artist’s impression of a flat-pack pilot scheme? It would be ludicrous for the House to buy that.
Bill Esterson
In both his interventions the hon. Gentleman has made the point as well as anybody, and I completely agree with what he said.
Several hon. Members rose—
Bill Esterson
I really should make progress and I will take more interventions later.
I congratulate the hon. Member for Enfield, Southgate (Mr Burrowes) and all who have signed his amendment. He gave an excellent speech with a measured and appropriate tone. I commend the Keep Sunday Special campaign for its hard work in making sure all the arguments were marshalled, given the Government’s failure to provide evidence in a timely fashion.
Sunday is the one day a week when workers in larger stores do not have the prospect of having to work long hours. It is the one day a week when those workers have the prospect of spending at least a part of the day with their families. For many people of faith it is more than that: it is the most important day of the week. For many people of faith and otherwise, Sunday is a day of rest. It is also the one day a week when smaller retailers have a slight competitive advantage and can stay open longer if they wish.
Nearly 3 million people, one in 10 of our workforce, work in the retail sector. This matters a great deal. There will be profound changes to the lives of many people, both at work and outside, if the changes go through.
Mrs Main
I would like to ask the hon. Gentleman the same question I asked my hon. Friend the Minister. What discussions has he had on what is effectively the pilot operating in Scotland, which we can look at to see how beneficial, leaving aside what is being paid to the workers, liberalisation has been to the Scottish economy? Has he looked at that?
Bill Esterson
I am sure SNP Members will answer the hon. Lady’s question. The reality is that we have a great British compromise that allows different situations in different parts of the United Kingdom.
Before the election, as we have been reminded a number of times, the Prime Minister’s office confirmed that the Prime Minister had no plans to change Sunday trading. The Conservative party manifesto did not state that it would change Sunday trading. Many Conservative candidates—a number of them have told me this—wrote in good faith to constituents to confirm that the Government would not be implementing such changes.
In Committee, the Minister justified the changes by saying the current rules date from a time before the internet—1994, to be precise. In a Populus survey from January this year, however, not a single respondent said that restrictions on Sunday trading were a reason for them shopping online—not a single person out of 2,008 people in a representative sample. Yet online trading is given as a key reason for needing to extend Sunday trading. For good measure, not a single industry or media analyst suggested that the recent poor Christmas trading results were caused by a lack of opportunity for shoppers on Sundays. Unbelievable!
The Minister told us in Committee that the reason for the change of mind was that when the Prime Minister’s office wrote the letter it was as the Prime Minister of a coalition Government, but that now he is the Prime Minister of a Conservative majority Government everything has changed. Presumably, he intended to become the Prime Minister of a majority Government when his office wrote the letter and when it wrote the manifesto, and I rather doubt that that cuts much ice with Conservative Back Benchers who support the Keep Sunday Special campaign.
The Minister also told us that the proposed changes were about devolution and decisions being taken by local people. However, as council chief executives have clearly said, in most areas, the changes would be applied to out-of-town shopping centres, to the detriment of high streets. Those same chief executives have also pointed out that, if one council introduces changes to Sunday trading, their neighbours will have little or no choice other than to follow suit, or run the risk that trade would migrate to businesses in the neighbouring authority. This is not the localism the Government claim. It is passing on the blame for an unpopular measure that only one in eight people support, according to a Populus poll last September. We were told that the changes would help the high street.
John Stevenson
Does the hon. Gentleman not think it is right that the people of Carlisle should decide whether shops are open on a Sunday, so that they can compete on an equal footing with Scotland, which is only nine miles away?
Bill Esterson
If the hon. Gentleman wants to organise an Adjournment debate about the people of Carlisle, I am sure the Minister will answer him. The reality is, however, that if one—[Hon. Members: “Answer!”] If hon. Members will let me answer the question, I will. If one council changes its rules, neighbouring authorities will feel under pressure to do exactly the same thing. They will have no choice. If a Tesco opens on a Sunday until 10 o’clock at night, then the Tesco, Asda or Morrisons in the borough next door will have to open until that time, too.
Bill Esterson
I am going to make some progress, because unfortunately the Minister took up so much time.
Sammy Wilson
Does the hon. Gentleman agree that the hon. Member for Carlisle (John Stevenson) has just made his point for him? If the people of Carlisle were to decide what happened in their area so that they could compete with Scotland, the next-door council would make exactly the same argument. The shadow Minister is exactly right: that would have the effect of ensuring that this was not localism, but a national decision.
Bill Esterson
I thank the hon. Gentleman for his intervention. The hon. Member for Kensington (Victoria Borwick) asked the Minister about zoning and whether London could be a single zone, but why stop at London? Why not designate England as a single zone, given that that is exactly what would happen because of the domino effect of the proposal?
Barbara Keeley
My hon. Friend is making a very good speech. The Trafford centre is a large shopping centre situated next to my constituency. It attracts an enormous amount of traffic, so if it extends its hours my constituency will never get a moment’s peace. Moreover, building work on the Government’s motorway project can take place only when the Trafford centre is not busy. [Interruption.] It is not my council. If the Trafford centre opens 24/7, the logistics will make things impossible for my constituents.
Bill Esterson
There are similar examples up and down the country. My hon. Friend is absolutely right.
Let me turn to some of the evidence we have been given in the lead-up to this debate. During the Olympics, convenience stores experienced a fall in Sunday trade of up to 7%. There was also a displacement of trade to different times of the week, but, instead of an increase in overall trade, there was a slight fall. The Government assumption that people will have more money to spend just because the shops are open longer does not bear scrutiny once we start to look at the evidence.
Meanwhile, the extra Sunday hours would increase costs in those large stores that stay open longer, and while there will be some displacement from convenience stores to larger retailers, as happened during the Olympics, there will be little or no overall increase in trade to pay for the increased cost in most shops.
Bill Esterson
I am going to make some more progress before I take any more interventions.
The larger retailers that open longer will have to find a way to reduce costs, which means removing the premium for shop workers. Given that the major retailers operate UK-wide, a change in pay and conditions in England and Wales will mean changes in Scotland and Northern Ireland as well. Premium pay on Sundays is viable across the UK because large retailers in most of the UK are restricted to six hours’ opening. The time and a half paid to many shop workers will be under threat to make up for staying open longer across the UK, which, of course, is why this is a UK-wide matter and why it is entirely appropriate that Members from across the UK have a vote on this very important proposal.
Removing time and a half would cost shop staff who work an average shift in Scotland £1,400 a year, which in anybody’s money is a very significant hit, particularly for those on low pay in the retail sector. The proposed changes in England in Wales would have a profound effect on workers in Scotland, and I am glad that the SNP recognises that Scottish workers will be hit. I was a bit surprised when the hon. Member for Livingston (Hannah Bardell) told us in Committee that, while her concerns focused on Scottish workers, the SNP welcomed the additional employee protections in the Bill, which she ascribed to
“the strong and principled action of the SNP”.––[Official Report, Enterprise Public Bill Committee, 25 February 2016; c. 322.]
We will come to how those protections will not do what the Government claim they will, but I am glad that the letter from my right hon. Friend the Leader of the Opposition and the leader of Scottish Labour, Kezia Dugdale, has had the desired effect. I welcome the SNP’s confirmation that its Members will vote against the Government, and I look forward to them joining us in the Lobby.
Hannah Bardell
On a point of clarity, the hon. Gentleman can read the record for himself, as can members of the public and Members of this House, but we have been very clear. We engaged with all sides of the argument up until the point where we took a decision at our group meeting as part of a democratic process.
Bill Esterson
I am grateful to the hon. Lady for that intervention. All I will say is that I am glad that she and her colleagues came to the right decision in the end; it does not matter how they got there.
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?
Bill Esterson
No, I am not going to give way.
The Prime Minister said that the family test should apply to all legislation. I understand that it is in the impact assessment. I have not had time to read it in detail, because we had only two hours’ notice of its publication, but I understand that it says that when it comes to the family test, the overall impact is unclear. It is clear enough to families of shop workers up and down the country that the measure will have a profound effect on them and on what happens on Sundays.
Bill Esterson
I am not going to give way at this stage.
Because of the cost of going to an employment tribunal, it is beyond the means of most workers to challenge their employer, especially if they have just been fired. The changes to employee rights will not change the realities faced by shop workers, and they will not change the difficulty of getting access to justice at an employment tribunal. Shop workers will, all too often, have no choice, just as they often have no choice at present. They will have to work longer hours, in many cases, whether they want to or not.
What of the evidence for the reforms? We have heard the farcical answers about the consultation, and how the Department cannot publish the details because people chose to write their answers in their own words. What absolute nonsense. There are so many things to choose from in this farce, but that really sticks out. The Government have claimed that a majority of large businesses are in favour of the changes. That is one bit of the consultation that they have bothered to publish. However, retailers, including Sainsbury, Tesco, John Lewis, Dixons and Marks & Spencer, expressed their opposition to the Prime Minister at a meeting last week and pointed out that their customers do not want to be able to shop for longer on Sundays.
Until noon today, we awaited the publication of the impact assessment, on which, presumably, the Sunday trading clauses are based. We were told in Committee that it would be published soon. It has been published, as of two hours ago, so Members have had less than three hours to consider the Government’s impact assessment on a piece of legislation. Seriously, what a way to do business. It really is an outrage.
The measure represents a broken election promise. It will have a domino effect among local authorities. High streets will be harmed, not helped. Smaller retailers will lose business. Staff will be unable to refuse to work longer hours. There will be cuts to premium pay in Scotland, as well as in the rest of the UK. That is all backed up by the lack of any published evidence to support the measure until the last minute, and I am not convinced that it does back it up. Remember that the Bill started life in the Lords, and Sunday trading was introduced in the Commons only at the very last minute. The measure has not had any scrutiny in the Lords. This is a significant change for businesses, shop workers, faith groups, families and all who want to keep Sunday special. The Government have not made the case for their proposal, and the suggested possible amendment, which may be introduced at some time in the future, will not do so either.
We know that the Government want to make this change, although many large retailers do not. If they really insist that this is right and that there are serious reasons to introduce something so far reaching that was not in the manifesto, they should do so with full scrutiny and with evidence. They should give Members of both Houses the opportunity to make sure that any changes made are done with great care, given the far-reaching consequences of what is proposed. That does not mean tabling a last-minute manuscript amendment in a desperate bid for a last-minute deal.
As far as what is proposed on the amendment paper today and the way in which it has been proposed is concerned, Labour Members will stick to the consistent line we have had all along. Let us keep our great British compromise on Sunday trading and support the amendment tabled by the hon. Member for Enfield, Southgate.
Several hon. Members rose—