Enterprise Bill [ Lords ] (Seventh sitting)

Brandon Lewis Excerpts

Thursday 25th February 2016 Public Bill Committees

[Kevin Brennan]

May I gently say to the Minister that a lot of give and take is always required in Committee, and we have our job to do in scrutinising the Bill and proposing Opposition amendments? The Government have their job, and the minimum requirement is to turn up prepared to discuss with the Committee every clause and every amendment that has been selected. That, if I may say so, is government 101.

It is becoming a little bit of a pattern that that preparation has not been done, and I do not know why it is so, but there have been a number of occasions where it seems as if the Minister does not have the full briefing that she should have in front of her. If I am being unkind I will withdraw that, but it is for other Members who watch our proceedings and for Committee members to decide what they think about it. However, it is the minimum requirement, if I may put it as gently as that, that we should receive a response to our amendment from the Government. We are trying to do our job and the Minister is trying to do hers. We need the preparation to be done in advance of our proceedings. On that basis, and to save further embarrassment, I will not press our amendment.

Question put and agreed to.

New clause 22 read a Second time and added to the Bill.

New Clause 23

The Institute for Apprenticeships: transitional provision

“(1) Subsection (2) applies to—

(a) any standard approved and published by the Secretary of State under section A2 of the 2009 Act before the appointed day;

(b) any plan which—

(i) relates to the assessment of a person’s attainment of outcomes set out in a standard mentioned in paragraph (a), and

(ii) was approved and published by the Secretary of State for the purposes of that assessment before the appointed day.

(2) Such a standard or plan is to be treated on and after the appointed day as having been approved by the Institute for Apprenticeships under section A2A of the 2009 Act and published by it under section A2 of that Act (as amended by Schedule (The Institute for Apprenticeships)).

(3) A standard or plan within subsection (1) is to be treated for the purposes of section A2I of the 2009 Act (as inserted by Schedule (The Institute for Apprenticeships)) as having been approved by the Institute for Apprenticeship at the beginning of the appointed day.

(4) This section does not limit the provision that may be made under clause 37.

(5) In this section—

“the appointed day” means the day on which section A2A of the Apprenticeship, Skills, Children and Learning Act 2009 (inserted by Schedule (The Institute for Apprenticeships)) comes into force;

“the 2009 Act” means the Apprenticeships, Skills, Children and Learning Act 2009.”—(Anna Soubry.)

This new Clause makes transitional provision relating to the establishment of the Institute for Apprenticeships.

Brought up, read the First and Second time, and added to the Bill.

New Clause 21

Extended Sunday opening hours and Sunday working

“(1) The Sunday Trading Act 1994 is amended in accordance with subsections (2) to (4).

(2) In paragraph 2 of Schedule 1 (which restricts the opening hours of large shops on Sundays), after sub-paragraph (3) insert—

“(3A) Sub-paragraph (1) does not apply in relation to the opening of a large shop during any other period on a Sunday in accordance with a consent notice published under paragraph 2A (subject to sub-paragraph (4)).”

(3) After that paragraph insert—

“Consent notices published by Sunday trading authorities

2A (1) The Sunday trading authority for an area may publish a notice (a “consent notice”) in accordance with this paragraph providing for large shops in the authority’s area to be permitted to do either or both of the following—

(a) to open on a Sunday for a continuous period of whatever number of hours is specified in the notice (in addition to the continuous period of six hours mentioned in paragraph 2(3));

(b) to open on a Sunday at specified times beginning earlier than, or ending later than, the times mentioned in paragraph 2(3).

(2) A consent notice published by a Sunday trading authority may apply in relation to the whole or any part of the authority’s area.

(3) A Sunday trading authority may, by publishing a further notice, vary or revoke a consent notice that applies in relation to its area.

(4) Before varying or revoking a consent notice under sub-paragraph (3), a Sunday trading authority must give reasonable notice to occupiers of large shops whose opening hours on Sundays would be affected by the variation or revocation.

(5) Publication of a notice under this paragraph may take whatever form the authority publishing it thinks appropriate for the purpose of bringing the notice to the attention of occupiers of large shops in the area to which the notice relates.

(6) Subject to sub-paragraph (7), the Sunday trading authority for an area is the local authority for the area.

(7) In relation to the area of Greater London, the Sunday trading authority is the Mayor of London acting on behalf of the Greater London Authority.”

(4) Accordingly—

(a) in paragraph 2 of Schedule 1 (restrictions on Sunday opening)—

(i) in sub-paragraph (1), for “and (3)” substitute “, (3) and (3A)”;

(ii) in sub-paragraph (4), for “exemption conferred by sub-paragraph (3) above does” substitute “exemptions conferred by sub-paragraphs (3) and (3A) do”;

(b) in paragraph 6 of that Schedule (duty to display notice), after “sub-paragraph (3)” insert “or (3A)”;

(c) in paragraph 8 of that Schedule (defence to an offence of contravening opening restrictions), after “paragraph 2(3)” insert “or (3A)”;

(d) in paragraph 1(a) of Schedule 3 (loading and unloading at large shops on Sunday morning: application), after “paragraph 2(3)” insert “or (3A)”.

(5) Schedule (Sunday opening hours: rights of shop workers), which contains amendments of employment legislation relating to the rights of shop workers to opt out of working on Sunday, has effect.”—(Brandon Lewis.)

This new Clause amends the Sunday Trading Act 1994, giving powers to local areas to extend Sunday trading hours for large shops (with a retail floor area greater than 280 square metres). The extended hours can apply to the whole or part of the local area. The new Clause also introduces a new Schedule to the Bill containing amendments to the Employment Rights Act 1996 and the Employment Act 2002 in relation to Sunday working.

Brought up, and read the First time.

[The Minister for Housing and Planning (Brandon Lewis)]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss the following:

Government new schedule 1—Sunday opening hours: rights of shop workers.

“Schedule

Sunday opening hours: rights of shop workers

Employment Rights Act 1996

1 The Employment Rights Act 1996 is amended as follows.

2 In section 41 (opted-out shop workers and betting workers), for subsection (3) substitute—

(3) In this Act “notice period”, in relation to an opted-out shop worker or an opted-out betting worker, means—

(a) in the case of an opted-out shop worker who does shop work in or about a large shop, the period of one month beginning with the day on which the opting-out notice concerned was given;

(b) in any other case, the period of three months beginning with that day.

This subsection is subject to sections 41D(2) and 42(2).”

3 After section 41 insert—

“41A Notice of objection by shop workers to working additional hours on Sunday

(1) A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to doing shop work for additional hours on Sunday.

(2) In this Part—

“additional hours” means any number of hours of shop work that a shop worker is (or could be) required to work under a contract of employment on Sunday that are(or would be) in excess of the shop worker’s normal Sunday working hours;

“objection notice” means a notice given under subsection (1).

(3) The “normal Sunday working hours” of a shop worker are to be calculated in accordance with regulations.

(4) Regulations under this section may provide—

(a) for the calculation to be determined (for example) by reference to the average number of hours that the shop worker has worked on Sundays during a period specified or described in the regulations;

(b) for a calculation of the kind mentioned in paragraph (a) to be varied in special cases;

(c) for the right to give an objection notice not to be exercisable in special cases (and subsection (1) is subject to provision made by virtue of this paragraph).

(5) Provision under subsection (4)( b) or (c) may, in particular, include provision—

(a) about how the calculation of normal Sunday working hours is to be made in the case of a shop worker who has not been employed for a sufficient period of time to enable a calculation to be made as otherwise provided for in the regulations;

(b) for the right to give an objection notice not to be exercisable by such a shop worker until he or she has completed a period of employment specified or described in the regulations.

(6) But regulations under this section may not include provision preventing a shop worker who has been continuously employed under a contract of employment for a period of one year or more from giving to the employer an objection notice.

(7) Regulations under this section may make different provision for different purposes.

41B Explanatory statement: persons who become shop workers

(1) This section applies where a person becomes a shop worker who, under a contract of employment, is or may be required to do shop work on Sundays.

(2) The employer must give to the shop worker a written statement informing the shop worker of the following rights—

(a) the right to object to working on Sundays by giving the employer an opting-out notice (if section 40 applies to the shop worker);

(b) the right to object to doing shop work for additional hours on Sundays by giving the employer an objection notice.

(3) The statement must be given before the end of the period of two months beginning with the day on which the person becomes a shop worker as mentioned in subsection (1).

(4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).

(5) A statement under this section must comply with such requirements as to form and content as regulations may provide.

(6) Regulations under this section may make different provision for different purposes.

41C Explanatory statement: shop workers at commencement date

(1) This section applies where—

(a) under a contract of employment a shop worker is or may be required to do shop work on Sundays, and

(b) the shop worker was employed under that contract on the day before the commencement date.

(2) The shop worker’s employer must give to the shop worker a written statement informing the shop worker of the rights mentioned in section 41B(2).

(3) The statement must be given before the end of the period of two months beginning with the commencement date.

(4) An employer does not fail to comply with subsections (2) and (3) in a case where, before the end of the period referred to in subsection (3), the shop worker has given to the employer an opting-out notice (and that notice has not been withdrawn).

(5) A statement under this section must comply with such requirements as to form and content as regulations may provide.

(6) Regulations under this section may make different provision for different purposes.

(7) In this section “commencement date” means the date appointed by regulations under section38 of the Enterprise Act 2016 for the coming into force of section (Extended Sunday opening hour and Sunday working)(5) of, and Schedule (Sunday opening hours: rights of shop workers) to, that Act.

41D Failure to give explanatory statement under section 41B or 41C

(1) This section applies if an employer fails to give to a shop worker a written statement in accordance with—

(a) section 41B(2) and (3), or

(b) section 41C(2) and (3).

(2) If the shop worker gives to the employer an opting-out notice, the notice period under section 41(3) that applies in relation to the shop worker is varied as follows—

(a) if the notice period under that provision would have been one month, it becomes 7 days instead;

(b) if the notice period under that provision would have been three months, it becomes one month instead.

(3) If the shop worker gives to the employer an objection notice, the relevant period under section 43ZA(2) that applies in relation to the shop worker is varied as follows—

(a) if the relevant period under that provision would have been one month, it becomes 7 days instead;

(b) if the relevant period under that provision would have been three months, it becomes one month instead.”

4 (1) Section 42 (explanatory statement) is amended as follows.

(2) In the heading, after “statement” insert “: betting workers”.

(3) In subsection (1) omit “shop worker or”.

(4) In subsection (2)—

(a) in paragraph (a) omit “shop worker or”;

(b) in paragraph (b)—

(i) after “the” omit “shop worker or”;

(ii) omit “an opted-out shop worker or”.

(5) In subsection (3) omit “shop worker or”.

(6) Omit subsection (4).

(7) In subsection (6)—

(a) for “forms” substitute “form”;

(b) for “subsections (4) and (5)” substitute “subsection (5)”.

5 In the heading of section 43, after “work” insert “: opting-out notices”.

6 After section 43 (in Part 4) insert—

“43ZA Contractual requirements relating to working additional hours on Sundays: objection notices

(1) Where a shop worker gives to his or her employer an objection notice, any agreement entered into between the shop worker and the employer becomes unenforceable to the extent that—

(a) it requires the shop worker to do shop work for additional hours on Sunday after the end of the relevant period, or

(b) it requires the employer to provide the shop worker with shop work for additional hours on Sunday after the end of that period.

(2) The “relevant period” is—

(a) in the case of a shop worker who is or may be required to do shop work in or about a large shop, the period of one month beginning with the day on which the objection notice is given;

(b) in any other case, the period of three months beginning with that day.

This subsection is subject to section 41D(3).

(3) A shop worker who has given an objection notice may revoke the notice by giving a further written notice to the employer.

(4) Where—

(a) a shop worker gives to the employer a notice under subsection (3), and

(b) after giving the notice the shop worker expressly agrees with the employer to do shop work for additional hours on Sunday (whether on Sundays generally or on a particular Sunday),

the contract of employment between the shop worker and the employer is to be taken to be varied to the extent necessary to give effect to the terms of the agreement.

(5) The reference in subsection (1) to any agreement—

(a) includes the contract of employment under which the shop worker is employed immediately before giving the objection notice;

(b) includes an agreement of a kind mentioned in subsection (4), or a contract of employment as taken to be varied under that subsection, only if an objection notice is given in relation to the working of additional hours under that agreement or contract as varied.

43ZB Interpretation

(1) In this Part—

“additional hours” has the meaning given in section 41A(2);

“large shop” means a shop which has a relevant floor area exceeding 280 square metres;

“objection notice” has the meaning given in section 41A(2);

“regulations” means regulations made by the Secretary of State.

(2) In the definition of “large shop” in subsection (1)—

(a) “shop” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods;

(b) “relevant floor area” means the internal floor area of so much of the large shop in question as consists of or is comprised in a building.

(3) For the purposes of subsection (2), any part of the shop which is not used for the serving of customers in connection with the sale or display of goods is to be disregarded.

(4) The references in subsections (2) and (3) to the sale of goods does not include—

(a) the sale of meals, refreshments or alcohol (within the meaning of the Licensing Act 2003) for consumption on the premises on which they are sold, or

(b) the sale of meals or refreshments prepared to order for immediate consumption off those premises.”

7 After section 45 insert—

“45ZA Sunday working for shop workers: additional hours

(1) Subsection (2) applies where a shop worker has given an objection notice to his or her employer and the notice has not been withdrawn.

(2) The shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by the employer done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on Sunday or on a particular Sunday.

(3) Subsection (2) does not apply to anything done on the ground that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.

(4) A shop worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his or her employer on the ground that the shop worker gave (or proposed to give) an objection notice to the employer.

(5) Subsections (2) and (4) do not apply where the detriment in question amounts to dismissal (within the meaning of Part 10).

(6) For the purposes of this section, a shop worker who does not do shop work for additional hours on Sunday or on a particular Sunday is not to be regarded as having been subjected to any detriment by—

(a) a failure to pay remuneration in respect of doing shop work for additional hours on Sunday which the shop worker has not done, or

(7) Subsections (8) and (9) apply where—

(a) an employer offers to pay a sum specified in the offer to a shop worker if he or she agrees to do shop work for additional hours on Sunday or on a particular Sunday, and

(b) the shop worker—

(i) has given an objection notice to the employer that has not been withdrawn, or

(ii) is not obliged under a contract of employment to do shop work for additional hours on Sunday.

(8) A shop worker to whom the offer is not made is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure—

(a) to make the offer to the shop worker, or

(b) to pay the shop worker the sum specified in the offer.

(9) A shop worker who does not accept the offer is not to be regarded for the purposes of this section as having been subjected to any detriment by any failure to pay the shop worker the sum specified in the offer.

(10) In this section—

“additional hours” and “objection notice” have the meanings given by section 41A(2);

“relevant period” means the period determined by section 43ZA(2) (but subject to section 41D(3)).”

8 After section 101 insert—

“101ZA Shop workers who refuse to work additional hours on Sunday

(1) Subsection (2) applies where a shop worker has given an objection notice that has not been withdrawn and he or she is dismissed.

(2) The shop worker is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or the principal reason) for the dismissal is that he or she refused, or proposed to refuse, to do shop work for additional hours on Sunday or on a particular Sunday.

(3) Subsection (2) does not apply where the reason (or principal reason) for the dismissal is that the shop worker refused (or proposed to refuse) to do shop work for additional hours on any Sunday or Sundays falling before the end of the relevant period.

(4) A shop worker who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or principal reason) for the dismissal is that the worker gave (or proposed to give) an objection notice to the employer.

(5) In this section—

“additional hours” and “objection notice” have the meanings given by section 41A(2);

“relevant period” means the period determined by section 43ZA(2) (but subject to section 41D(3)).”

9 In section 236 (orders and regulations), in subsection (3) after “27B,” insert “41A that include provision under subsection (4)(c) of that section,”.

Employment Act 2002

10 In section 38 of the Employment Act 2002 (failure to give statement of employment particulars etc)—

(a) in subsection (2)(b), after “change)” insert “or under section 41B or 41C of that Act (duty to give a written statement in relation to rights not to work on Sunday)”;

(b) in subsection (3)(b), after “1996” insert “or under section 41B or 41C of that Act”.”

This new Schedule contains amendments to employment legislation. The amendments: (a) shorten the notice period for opting out of Sunday work in the case of shop workers at large shops, (b) confer a new right to object to working additional hours on Sunday, (c) require employers to give statements explaining those rights, (d) confer protections against detriment and unfair dismissal for refusing to work additional hours on Sunday, and (e) provide for fines in tribunal proceedings if there is a failure to give explanatory statements.

Government amendment (a) to new schedule 1, after paragraph 4(4)(b) insert—

“(c) in the words after paragraph (b), omit “shop worker or””.

This is a technical amendment of NS1 which removes a further reference to a shop worker from section 42 of the Employment Rights Act 1996 (as that section is to apply only to betting workers as a consequence of other amendments made by this New Schedule).

Government amendment (b) to new schedule 1, in new section 43ZB(4)(a), after “2003” insert

“or, in relation to Scotland, the Licensing (Scotland) Act 2005 (asp 16)”.

This is a technical amendment that provides for a definition of “alcohol” in relation to Scotland by reference to the relevant legislation of the Scottish Parliament.

Government amendments 76 and 77.

[The Minister for Housing and Planning (Brandon Lewis)]

It is a pleasure to make my first outing under your chairmanship, Ms Buck, even just for these last few minutes before we move on to the afternoon sitting.

In the 20 years since the Sunday Trading Act 1994 was passed, the nature of retail has changed. For example, internet retailers now operate 24 hours a day, seven days a week, and the working patterns of families have changed, so many now want greater flexibility about when they shop. New clause 21 devolves the power to extend Sunday trading hours to local authorities. That includes unitary authorities and district councils that are not unitary authorities across England and Wales, the elected Mayor of London and future mayors resulting from future devolution deals, including the Mayor of Greater Manchester.

Let me be clear. The Government will not dictate to local leaders how they should use the power. We are putting decision-making powers where they should be: in the hands of local leaders. Councils will be able to decide for themselves whether it is effective and appropriate to extend Sunday trading hours in their area, reflecting the needs of local businesses and communities and the shopping habits and economic conditions of the locality.

We have seen the rise of the internet, particularly in the past few years. As the Minister for high streets in the previous Parliament, I know from talking to retailers just how fast online retail is moving. In the UK, we already have the largest online market in Europe, and online sales have continued to increase, reaching 15% of total retail sales in 2015. Things are moving very quickly.

Local leaders will be able to use the consent notice to zone their local area, if they wish. That enables them, for example, to support local traders and independent shops in a focused way in and around high streets and market squares, helping them to compete with online retailers. Retailers in the west end and Knightsbridge— [Laughter.] While Members on the Opposition Benches laugh, I think they should listen to the figures, so that they realise just how important this matter is. Those retailers estimate that opening for just two extra hours on a Sunday would bring economic benefits in the region of between £190 million and £290 million annually. Those retailers also estimate that up to 2,160 full-time equivalent jobs would be created. Just think about what that could mean right across the country, not least in areas that have the opportunity to see real benefit, particularly given that Sunday is now the biggest online retailing day of the week. Devolving the powers will provide greater flexibility for businesses and shop workers and reduce prices for consumers. It will drive competition and productivity, creating jobs and boosting local economies.

Some shop workers are keen to have the opportunity to work longer hours on a Sunday. For them, the weekend represents the best or, in some cases, only time they can work. For example, it may be easier for them to access childcare or they may be students looking for extra or more part-time work.

Members will no doubt know that we have heard from many respondents with concerns that shop workers could be pressured to work on Sundays or to work more hours on a Sunday than they may want to, at the expense of important time with the family, for caring responsibilities or for religious observance. I am clear and up front that we recognise the need for effective protections for shop workers who do not want to work on Sundays or who do not want to work longer hours on Sundays. That is why new clause 21 introduces new schedule 1, which delivers significant strengthening of the rights for shop workers in England, Wales and Scotland by amending the Employment Rights Act 1996 and the Employment Act 2002. The new schedule reduces the notice period for shop workers to opt out of Sunday working altogether from three months to one month in large shops. We recognise that there is a bigger challenge for small shops, so they will need longer to find alternative staffing. The new schedule creates a new right for shop workers to opt out of working more than their normal Sunday working hours subject to one month’s notice for large shops and three months’ notice for small shops.

[Catherine McKinnell]

rose—

[Mary Creagh]

rose—

[Brandon Lewis]

I will give way in one second; I just want to finish the last point. The new schedule updates the obligation on employers to notify shop workers of their rights by specifying in regulations the form and content of the explanatory notice that employers must provide to existing and new shop workers. It also strengthens the consequences for failure to comply in some important ways.

[Catherine McKinnell]

The Minister talks about rights for shop workers, but surely he must understand that rights are only as good as the ability to use and enforce them. I could make many points, and I will when I make my speech, but one point I must make is that the Government have made it increasingly difficult for any employee to enforce their rights at work, so much of what he is saying is meaningless.

--- Later in debate ---

[Brandon Lewis]

The hon. Lady will be pleased to know that what I was just about to outline is a direct response to the point she raised. It is important that people are aware of their rights so that they can exercise them, which is why we are strengthening the consequences for failure to comply in two important ways. First, where the employer fails to comply with the notification requirement, the notice period for both opt-outs will reduce automatically from one month to just seven days for large shops, and from three months to one month for small shops. Secondly, we are enabling an employment tribunal to make a minimum award of two weeks’ pay if an employer is found to have failed to notify shop workers of their opt-out rights in the context of a related successful claim. In due course I shall explain how shop workers will be able to exercise and understand their rights.

[Catherine McKinnell]

What work have the Government undertaken to assess how many shop workers are currently able to exercise their existing rights to exempt themselves from Sunday working in order to inform these measures which, supposedly, protect employees who do not want to work on Sundays?

[Brandon Lewis]

All shop workers have that right, but my view is very much that we need to ensure that it is more transparent and that they have a better understanding. To exercise rights, people need to know what they are.

New schedule 1 provides powers to make regulations about the meaning of “normal Sunday working hours” and the form and content of explanatory notices. Amendment 76 will enable those powers to come into force on Royal Assent and allow the Government to pass the regulations, but naturally we intend the regulations themselves to come into force with the provisions on Sunday trading hours and the improvements to shop workers’ rights. We intend to define a shop worker’s “normal Sunday working hours” as an average over a number of Sundays, so that the phrase means essentially what it says but is specific enough that both the shop worker and the employer know where they stand. We will publish draft regulations and invite views from stakeholders to take into account issues such as seasonal work.

On the hon. Lady’s very fair point, our intention on the form and content of explanatory notices to shop workers is that as well as being updated, they will be in clearer English than the text in the existing legislation so that shop workers can clearly understand their rights and will be able to exercise them. We also intend to include pointers to sources of further information and advice, such as the ACAS helpline, guidance on gov.uk or, indeed, the relevant union. The changes amount to substantial improvements to shop workers’ rights.

[Catherine McKinnell]

In explaining the purpose of the clause, the Minister is shining a light on the big problem that the provisions will present to many shop workers in trying to remedy the situation in advance. He must recognise, though, that many shop workers do not want to enter into a dispute with their employer over this issue. Perhaps the Government should think again about whether they should introduce changes that will put both shop workers and their employers into a difficult position.

--- Later in debate ---

[Brandon Lewis]

Actually, we are enhancing the position for both employers and shop workers. We are improving shop workers’ rights and giving better access to and understanding of those rights; we are putting a bigger duty on employers to notify their staff of their rights; we are increasing the penalty for employers who do not abide by the rules; and, importantly, we are giving wider opportunity and choice to local economies and people who wish to work longer on a Sunday or to spend time with their families either by shopping on a Sunday or before or after they have shopped.

Let me be clear to the Committee more generally: if a shop worker suffers detriment, or is dismissed for exercising, or even just planning to exercise, their opt-out rights, the employer will be breaking the law. It is important that that is on the record so that anyone can see it.

[Bill Esterson]

How does the Minister envisage the rules being enforced? One concern that has been expressed is that the Government can legislate all they want on these sorts of things, but in the end it comes down to the balance of the relationship and whether anyone is prepared to challenge their employer. When a law has been broken, it comes down to whether anything meaningful—anything with teeth—can be applied. How will it work and how realistic are the proposals?

[Brandon Lewis]

I say gently to the hon. Gentleman that, if during the lunch break he looks back over what I said just a few moments ago, he will see that we are increasing the penalties on employers who do not abide by the rules. Not only are we increasing the financial penalty and, therefore, the benefit for an employee who is unfairly treated, but we are giving further responsibilities to the employer on the notice period that they need to give.

It is important that people understand what workers’ rights are, which is why we are increasing the number of ways for people to understand them and know how to exercise them. I say it again: a very large number of people in this country want to work longer hours and want the flexibility to be able to work more hours on a Sunday as opposed to other hours in the week.

Some retailers I have spoken to have been clear that in some areas Sunday is the easiest day of the week for them to recruit staff who want to work. It is good for family opportunities, and it is particularly good for women and students who want to work. We want to ensure that we create that opportunity for more local areas so that they have economic growth and create more jobs, and so that there are more opportunities for people to work if they want to, all while retaining the flexibility for both the local area and shop workers to have the choice.

[Bill Esterson]

rose—

[Brandon Lewis]

I can see that the hon. Gentleman is very keen to intervene again.

[Bill Esterson]

Well, it is an incredibly important point. I was talking about the penalties. How likely is it that the rules will be enforced and the penalties used? We are told that there has been an impact assessment, but it has not been published yet, so we are in the dark as to just how effective the remedies are going to be.

--- Later in debate ---

[Brandon Lewis]

I will admit that it is some years since I was working in employment law, but the laws have been around for a long time. The process by which employees can use their rights has been there and has been developing and evolving for a long time. We are developing it further by increasing employees’ rights.

Not only Conservative but Labour local authorities are keen to have these powers so that they can see their local areas grow and have that flexibility. Ultimately, I feel so passionately about this not only because of the opportunity to see high streets flourish when they can compete with online shopping, which is growing exponentially—not only can we now shop online on Sundays, but companies will deliver at any hour on a Sunday, so we need to give our high streets that chance—but because it is about devolving power, moving it from central Government to where it matters: local communities.

I shall now touch briefly on the technical amendments we have tabled. Amendment (a) to new schedule 1 amends the new schedule to remove an additional reference to a “shop worker” from section 42 of the Employment Rights Act 1996. To be clear, that is simply because, as a consequence of the changes we are making, that section will no longer apply to shop workers. Amendment (b) to new schedule 1 amends the new schedule to provide for a definition of “alcohol” in relation to Scotland by reference to the relevant legislation of the Scottish Parliament. Finally, amendment 77 amends the long title of the Bill to include reference to the Sunday trading provisions.

[Kevin Brennan]

The Minister said it might be worth while if, over the lunch break, we were to look at what he said earlier. Would he be able to provide us with a copy of his notes? Otherwise we will have to rely on what we heard. We can do that, but he did offer.

[Brandon Lewis]

I can repeat what I said for the hon. Gentleman very clearly. First, where the employer fails to comply with the notification requirement, the notice period for both opt-outs will reduce automatically: from one month to seven days at large shops, and from three months to one month at small shops. Secondly, we are enabling an employment tribunal to make a minimum award if an employer is found to have failed to notify shop workers of their opt-out rights in the context of a related successful claim. With that, I commend the new clause to the Committee.

[Bill Esterson]

Finally, we have the long-anticipated debate on Sunday trading. Until the eve of Committee stage, uncertainty reigned as to whether we would be debating it at all—as it was, of course, only the week before that the Secretary of State had announced that Sunday trading would be part of the Bill. From what the Minister just said, it seems that the new clause might be more correctly called the “Harrods clause”, given that Knightsbridge is the only part of the country he could cite where there is support from the high street for the Government’s proposals.

[Brandon Lewis]

As I am sure the hon. Gentleman will recollect, I explained the matter to him. Think of the impact across the country. Even in a constituency such as mine, where tourism in its high street is looking to compete with out-of-town shops and online, it is a massive opportunity. I gave an example to highlight just how big these numbers are and how many jobs will potentially be created. I hope he understands that.

[Bill Esterson]

Those are points I will come to. I did not know that Harrods had a shop in the Minister’s constituency or that it contained the Knightsbridge of the east.

The other description might have been the “domino clause”. The Minister talked about local leaders having the opportunity. The Opposition fully support the proper devolution of powers and responsibilities, and the ability to make a difference in the local area. Although he talked about local leaders, he did not talk about the views of the local community, the workers affected or the small independent retailers and the impact the proposals will have on many small shops.

The problem is that, when talking to local authority leaders and chief executives, as some organisations have done, one main reason given for saying they may well end up implementing these provisions is that they feel they have no choice. Their neighbours having allowed Tesco, Asda or out-of-town shopping centres to have extended opening hours on a Sunday, they fear that loss of trade within their own boundaries will force them down the route of using these provisions in their own local authority area.

The Government knew full well that any attempt to reform Sunday trading legislation would spark significant debate and opposition from a wide range of stakeholders. The Prime Minister’s spokeswoman wrote on 20 April last year to the campaign group Keep Sunday Special assuring them that the Conservatives had no plans to relax Sunday trading laws. Indeed, it was not in the Conservative party manifesto. She wrote:

“I can assure you that we have no current plans to relax the Sunday trading laws. We believe that the current system provides a reasonable balance between those who wish to see more opportunity to shop in large stores on a Sunday, and those who would like to see further restrictions.”

There we have it. Presumably, in the Conservative party, the Government and the previous coalition Government, when the Prime Minister’s official spokesperson spoke it was on his behalf and we should take as gospel what she said at the time. The country as a whole should have trusted what we were told on 20 April. The Government knew this would be opposed and were that worried about it that they went so far as to reassure the country before the election that they had no plans to change Sunday trading laws. They knew it would be opposed, cause problems and break the consensus that had stood for 22 years, since the Sunday Trading Act 1994.

The amendments we are considering include a change to the name of the Bill in amendment 77, as the Minister has just said, to include Sunday trading. We have to wonder what is going on when a Bill started in the Lords and went through the entire Lords proceedings without any mention of Sunday trading. Only on Second Reading in this House was Sunday trading mentioned. In fact, it was so late that Members who oppose changes to Sunday trading did not even know the Bill would consider it.

I spoke to a number of Members on the Government Benches on the day of Second Reading and they had no idea that the issue was in the Bill because they were not in the Chamber to hear the Secretary of State mention it in his opening speech. Had they been, they could have made their opposition clear and raised their concerns but there was no such opportunity for Government Members. That is a great shame.