Avanti West Coast Contract Renewal

Debate between Bill Esterson and Kevin Foster

Tuesday 25th October 2022 Commons Chamber

[Kevin Foster]

My hon. Friend is absolutely right to raise that. As part of taking a longer-term decision, we would want to see how the improvement was sustainable—for example, as I have touched on already, by moving away from a reliance on rest-day working for train drivers as the core of delivering the service. We want to look—in the same way, by the way, that the OLR would have to look if it took over operations—at ensuring that any improvement is sustainable and provides a long-term basis of confidence for the service and particularly the communities that rely on it.

[Bill Esterson (Sefton Central) (Lab)]

Does the Minister not understand that the public believe the Government, by extending the Avanti franchise, are taking them for fools? Does he not realise that the only way out of this for him and his ministerial colleagues, and the only way to end the public’s anger towards their Government, is to remove the Avanti franchise and do it now?

[Kevin Foster]

I have to say, that was not the universal reaction to the decision we took, when we were clear that this was a six-month probationary period. We look forward to seeing the implementation of the December timetable changes and the improvement plan, and to closely monitoring the progress being made towards it, including, for example, the training of new drivers to fulfil it. As I have said a number of times, simply repainting the engine and giving the franchise a different name will not solve many of these issues.

Exiting the European Union (Consumer Protection)

Debate between Bill Esterson and Kevin Foster

Tuesday 2nd April 2019 Commons Chamber

[Bill Esterson (Sefton Central) (Lab)]

I thank the Minister for her opening remarks. She set out exactly what the existing regulations do and, to be entirely honest, what she is proposing in the case of no deal makes perfect sense. The regulations before us revoke the existing regulations that prevent undue discrimination across the European Union by the blocking of consumers in one country from accessing websites in another member state or by redirection to the member state of the consumer.

A number of questions arise from the Minister’s remarks and from at least one of the interventions she took. She spoke about the fact that these regulations are relevant only in the event of no deal. When she responds to the debate, will the Minister confirm that, if a deal is agreed, the Government have no intention of revoking these or similar regulations? She is engaged in a conversation at the moment, so I hope she heard that question.

My hon. Friend the Member for Coventry South (Mr Cunningham), who is no longer in his place, asked the Minister a very good question about how UK consumers will be protected in the event of no deal. His question highlighted just how important it is that we do everything in our power, particularly in these next 10 days, to avoid the disaster of crashing out with no deal. That is the best way in which to avoid having to revoke the regulation.

[Kevin Foster (Torbay) (Con)]

The shadow Minister has said that we need to do everything in our power to avoid the UK crashing out. Does he agree that voting for the withdrawal agreement would be the best way of doing that?

[Bill Esterson]

I think the hon. Gentleman is wandering a little from the issue under discussion.

Parental Bereavement (Leave and Pay) Bill

Debate between Bill Esterson and Kevin Foster

3rd reading: House of Commons & Report stage: House of Commons
Friday 11th May 2018 Commons Chamber

[Bill Esterson]

The hon. Gentleman is right and I commend him on promoting this Bill. I would like to pick up on some of the points he made about employment, self-employment, and the impact of the Bill on businesses. A good employer would certainly want to look after its staff—indeed, it is in its interests to do so. If an employer wants to retain staff, it should look after them, and that is also the right thing to do more generally. As we have heard, the vast majority of employers already do what is set out in the Bill in practice, and the Bill rightly ensures that all employers have a minimum set of standards to follow.

I take on board the point about whether this is the right time to consider broadening the provision to cover adult children, but we are talking about a relatively small number of people who would qualify for an entitlement to leave. We are talking about someone who loses a child, whether that child is under or over the age of 18—the hon. Member for Mid Dorset and North Poole (Michael Tomlinson) described losing his brother who was 24. It does not matter at what age this happens; it is an extremely painful situation for family members, and I understand that my hon. Friend the Member for North West Durham (Laura Pidcock) reminded the Committee of just that point. In the mind of a parent the pain never ceases, whatever the age of the child.

Although an older child might have a family of their own to help with practical arrangements, that is not always the case. Indeed, some older children are dependent on their parents—for example, parents may still care for a disabled adult. It is perfectly possible that a worker aged 60 could have a daughter or son who dies aged 30 or older, and it is reasonable for them to be afforded paid leave for all the reasons given for younger children. Lifting the age limit of what it means to be a child could be done either in the Bill or later, in recognition of just how exceptional these circumstances are.

Out of all the employment rights currently written into law, parental bereavement leave and pay is something that no one in the Chamber would ever want to apply for. Increasing leave entitlement from zero days and no pay to two weeks’ paid leave at a statutory minimum rate is a welcome step, although I am sure that many people who have lost a child would tell us that two weeks is nowhere near long enough, and perhaps a longer period of leave might be right. However, for purposes of the Bill we are discussing two weeks’ paid leave, which would be a significant and important step forward.

It is crucial that bereavement pay is paid immediately after the death of a child. A parent or carer should not have to worry about whether they can afford to take time off, and that should not be another thing added to the extreme stress that bereavement often creates. The statutory minimum rate is certainly better than nothing, although I fear, having had to take a hit on pay, that if pay is not given in full that may still exclude some from taking leave. Certainly the statutory minimum is better than nothing, and a step forward for those employers that currently do not provide such support.

[Kevin Foster]

Does the shadow Minister agree that this is about setting a floor, not a ceiling?

[Bill Esterson]

Yes, I agree. I believe that bereavement pay rightly has the support of the whole House. It is important that it is state funded and that HMRC is liable. That will minimise the risk of people not being paid—the point was made by my hon. Friend the Member for North West Durham in Committee—which is necessary because of the exceptional nature of the leave and the pay that needs to come with it. For those reasons, I also agree that there should not be a qualification period before a bereaved parent is qualified to receive the pay.

I want to pick up on some of the points raised by the hon. Member for Torbay (Kevin Foster). There is a challenge in ensuring that everybody benefits from the Bill, for example self-employed people who are currently not able to receive social security. This week the Federation of Small Businesses pointed out that it often takes two to three years to fully establish a business. The current rules on universal credit, which apply for only one year, are a very real concern in supporting self-employed people. There is a similar challenge here in supporting self-employed people through parental bereavement pay.

The flipside, of course, is the impact on employers. As someone who has run a small business, I can say from experience that when a key member of staff is not available it impacts the business. That is also true for larger businesses, but it is easier for them to make alternative arrangements. We need to recognise the impact on small businesses. This is about getting the balance right. It is only right that members of staff receive bereavement pay and that the statutory minimum is recoverable by the employer. The ongoing challenge will be how smaller firms in particular are supported when a key member of staff is absent.

My hon. Friend the Member for Lincoln (Karen Lee), from her own very sad experience as a nurse, demonstrated just how difficult it is for a member of staff who has suffered a bereavement to return to work and to carry out their normal duties. It is not straightforward to say that for a smaller firm staff should have to get back to work. Sometimes it is simply not possible for people, when they have suffered a bereavement, to return to work and carry out their duties. The challenge is very difficult for both the employer and a bereaved member of staff, and I hope the Minister will pick up on that point in his response to the debate. I do not say that there are any easy answers, but it is right that we are able to discuss the issue.

It was surprising to see the contradiction between some of the amendments tabled by the same Members. One asks that no notice be necessary for leave, while another asks that reasonable notice be given.