Oral Answers to Questions

Chris Law Excerpts

Wednesday 11th December 2024 Commons Chamber

[The Prime Minister]

Opposition Members groan at the question. The Leader of the Opposition said they were coming to terms with their failures. Well, they are obviously struggling just a bit. I understand that that will be a huge loss to my hon. Friend’s constituency. Councils across the country were at the frontline of the last Government’s ruinous economic failure. We announced £4 billion in additional funding for local government, a real-terms increase in core spending power, and will continue to do so. I will ensure that my hon. Friend gets a meeting with the relevant Minister.

[Chris Law (Dundee Central) (SNP)]

Q6. These last months have shown that cruel Westminster Governments of whichever party continue to target the weakest in society while the Scottish Government will continue to protect them. While the Labour party has voted to continue the Conservatives’ two-child benefit cap, the SNP is abolishing it. While the Prime Minister picks the pockets of pensioners of their winter fuel allowance, Scotland’s First Minister, John Swinney, has reinstated it. Given that support for Labour is plummeting and support for Scottish independence is once again leading in the polls, who does the Prime Minister believe makes the best decisions for Scotland?

Employment Rights Bill (Tenth sitting)

Chris Law Excerpts

Committee stage
Tuesday 10th December 2024 Public Bill Committees

[Jon Pearce (High Peak) (Lab)]

I promise to keep my comments brief. Clause 15 will amend section 40A of the Equality Act 2010 to provide that an employer must take all reasonable steps to prevent the sexual harassment of employees in the course of their employment.

The concept of “all reasonable steps” has been part of the Equality Act 2010 since its inception, as my hon. Friend the Member for Gloucester referred to. Section 109 of the Act provides a defence for the employer in respect of the discriminatory acts of the employee. It is about vicarious liability: in effect, if the employer can show that it has taken all reasonable steps, it will not be liable for the acts of the employee.

Exactly the same “all reasonable steps” test is being applied here. In my experience as an employment lawyer, employment tribunals are very well-versed in it and have a huge amount of experience with it. It would be a matter of fact for them to determine. It is important to understand that it will be, and always has been, a proportionate test that looks at the size and resources of the employer and the context of the employment situation.

There will inevitably be guidance from the Equality and Human Rights Commission on how employers should take all reasonable steps and what those steps might be, but it will be fact-specific. It may well include steps to mitigate, such as some form of risk assessment, policies, training or means by which an employee who is at risk of or has suffered third-party harassment can report it and action can be taken. All those things are fairly standard. They happen already as a result of the vicarious liability element of the Equality Act; the clause would just extend them to third parties.

All third-party harassment cases and issues arise from a case called Burton v. De Vere Hotels, in which Bernard Manning made racist comments to a waitress at a De Vere hotel and the waitress brought a claim. Both the original employment tribunal and the employment appeal tribunal held that it was harassment, but it was overturned on appeal because the right did not extend to protection from third-party harassment. That was the start of the process of trying to protect employees in such circumstances.

The employment tribunal and the employment appeal tribunal said that the employer knew what was likely to be in Bernard Manning’s act—we can all imagine what might be in Bernard Manning’s act—but did not take the necessary steps to protect the employee in the circumstances. These are exactly the scenarios that the shadow Minister raised, in which we would expect the employer to consider very carefully who was staffing the event, what policies should be in place and how any issues should be managed—including, for example, by warning Bernard Manning that he might not wish to make racist remarks to members of staff.

When we talk about risk assessments, we must remember that the biggest risk is that third-party harassment will continue. That is the most fundamental issue. I emphasise a point that the shadow Minister will find relevant: a 2023 Buckinghamshire healthcare NHS trust staff survey showed that there had been nearly 400 incidents of sexual harassment by third parties. Many of those incidents will have affected his constituents. It is vital that we make this legislation, because employee representatives at the trust have said that one thing that would help is a protection against third-party harassment. If we do not include this provision in the Bill, we will continue to leave his constituents exposed. I encourage the shadow Minister, who I genuinely believe cares about harassment, seriously to reconsider his opposition to the clause.

[Chris Law (Dundee Central) (SNP)]

It is a pleasure to see you in the Chair, Mr Stringer. I rise to speak in support of new clauses 39 and 40, which stand in the name of the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts).

The new clauses follow the publication of the Health and Safety at Work etc. Act 1974 (Amendment) Bill, a presentation Bill that the right hon. Member introduced in co-operation with the Suzy Lamplugh Trust and Rights of Women. They would address a critical gap in workplace safety by mandating proactive employer responsibilities to prevent all forms of violence and harassment, including gender-based violence.

The Health and Safety Executive does not currently accept domestic abuse within its remit. That might come as a surprise to some Members, but the reason is that domestic abuse and other forms of gender-based violence are not explicitly covered in the 1974 Act, even though the Domestic Abuse Act 2021 underlines the fact that employers owe their employees a duty of care that covers protection from domestic abuse.

Discrimination law inadequately protects workers from gender-based violence beyond sexual harassment, especially when such violence is not physical. The UK’s ratification in 2022 of the International Labour Organisation’s convention 190 means that the UK should take a comprehensive approach that addresses all forms and threats of gender-based violence in the workplace, psychological and emotional abuse, physical abuse and stalking, including with respect to people commuting to and from the workplace.

New clauses 39 and 40 would address those issues. They would go further than the Bill’s provisions on protection from harassment, because new clause 39 would introduce clear, actionable duties for employers to safeguard employees from gender-based harm through risk assessments, policy development and training. New clause 40 would mandate that the Health and Safety Executive create an enforceable framework that holds employers accountable and fosters inclusive, violence-free work environments for workers.

I understand that this may have been the Minister’s first opportunity to hear these points. I hope he will consider them, perhaps on Report.

[Alison Hume (Scarborough and Whitby) (Lab)]

Prior to entering this place, I spent 25 years working in the television production industry, both as a writer and as a producer. I co-own an independent production company—I refer the Committee to my declaration of interests—that has made children’s drama for the BBC, including the hit science fiction series “The Sparticle Mystery”, in which a cut-price British version of the large hadron collider at CERN sends all the adults into a parallel universe, a situation with which I have had some sympathy since arriving as a new Member. I mention that not to burnish my CV in the hope of a writing credit on the next James Bond film, but to make a point about clause 15.

The television industry is full of creative, inventive and hard-working people who wish to make the most of their talents and contribute to making the programmes with which the UK is a world leader and for which it is rightly admired. Unfortunately, the nature of a fast-moving and pressurised industry based on freelancers is that it is left open to abusive practices. Freelancers move between productions, often with no HR departments, with no formal recruitment processes and with a lack of the checks and balances that we all want to see in good workplaces. It is also an industry in which the talent is protected, which has led to a culture of exceptionalism in which appalling behaviour has been allowed to continue for years.

This is not just about sexual harassment and inappropriate behaviour. It is also about power, or rather the imbalance of it. When I was in the green room at the start of a production, someone came up to me—I was on my own with him—and put his arm around me. He said, “Make me a cup of coffee, love.” I said, “Make your own, and then start looking for a new job,” because I was the executive producer on the show. Unfortunately, far too many women endure sexually explicit comments, inappropriate touching and offensive jokes as part of their everyday experience at work.

A few years ago, a survey found that 39% of women working in film and television had been subjected to sexual harassment at work; freelancers, members of the LGBTQ+ community and disabled people are also most at risk. Women are too scared to speak out: they fear that if they do, they will simply not work in the industry again. It is hardly surprising that last year two thirds of women aged between 25 and 59 thought about leaving the industry.

I say to the shadow Minister that clauses 15 to 17 will mean that companies have to proactively take all reasonable steps to close the vacuum of responsibility that currently exists between senior and middle management. They will need to ensure that staff have the training to call out challenging behaviour, support colleagues and prevent future abuse rather than focusing solely on damage limitation, as sadly we have seen time and again.

--- Later in debate ---

[The Minister for Equalities (Dame Nia Griffith)]

We have had a full and thorough debate, and I thank my hon. Friends—in particular my learned hon. Friends the Members for High Peak and for Gloucester—for making many valuable arguments, and everybody for contributing their personal experiences.

I remind the Committee that clause 15 requires employers to take all reasonable steps to prevent sexual harassment of their employees. Including “all” emphasises the thorough approach that employers must take; at the same time, the requirement remains limited to steps that are “reasonable”. The concept of “all reasonable steps” has the advantage of being well established and familiar to employers and employment tribunals. That is a really important point, because the clause clarifies and makes things easier and more straightforward, rather than complicated and burdensome, which is the implication of some of the amendments.

I thank the hon. Member for Dundee Central for speaking to new clauses 39 and 40 tabled by the right hon. Member for Dwyfor Meirionnydd. I pay tribute to the right hon. Lady for her work on violence against women and on stalking, and indeed to the work of her predecessor on stalking. I reassure the hon. Gentleman and the right hon. Lady that the Government entirely support the importance of ensuring that workers, including women and girls, are protected from workplace violence and harassment. There is already in place a strong and appropriate regulatory regime that provides protection to workers from violence and harassment. If the hon. Gentleman so desires, I will ask the Health and Safety Executive to write to him on that point.

[Chris Law]

I thank the Minister. I would appreciate that.

[Dame Nia Griffith]

I will ensure that that happens.

The hon. Member for Mid Buckinghamshire questioned the necessity of this new legislation, so let me explain again. Often, harassment legislation, including the criminal law, allows an individual to take legal action against a perpetrator. However, that does not go far enough in tackling the wider issues and root causes. The burden of holding perpetrators to account and driving change is too great to be shouldered purely by employees who have experienced harassment. This measure therefore sends a clear signal to all employers that they must take all reasonable steps to prevent sexual harassment.

I think the hon. Member is also concerned that the clauses that we are discussing risk being unworkable or burdensome. It is important to remember that they simply require employers to do what is reasonable for their specific circumstances. That means that employers will not be penalised for failing to take unworkable or impractical steps. The clauses will not require employers to foresee the wholly unforeseeable or to police all customers’ private conversations. On one hand, the hon. Member acknowledges that good businesses already accept the need to take all reasonable steps to prevent sexual harassment, but on the other, he wants to make exceptions for a large number of businesses.

Oral Answers to Questions

Chris Law Excerpts

Wednesday 8th May 2024 Commons Chamber

[The Prime Minister]

Our dentistry recovery plan will make dental services faster, simpler and fairer for patients, funding about 2.5 million more appointments. I was pleased to note that access is improving in my hon. Friend’s area, with nearly 10% more children seeing a dentist in June last year than in the previous year, but we are going further: the new patient premium that was announced last year is ensuring that more NHS dentistry will be provided, and since then, at the end of January, 500 more practices have said that they are now open to new patients.

[Chris Law (Dundee West) (SNP)]

Q7. It is more than a month since the parliamentary ombudsman delivered the long-awaited report on pension injustices, but women born in the 1950s in my constituency, and indeed in every constituency across these islands, are still waiting to hear whether the UK Government will listen to its recommendations and deliver compensation. I was proud to see the Scottish Parliament support a motion last week calling for compensation to be delivered without delay, but utterly dismayed to see members of both the Conservative party and the Labour party abstain. Can the Prime Minister finally tell us when the Women Against State Pension Inequality Campaign—the WASPI women—will receive the compensation that they rightly deserve?

[The Prime Minister]

I understand the strong feelings across the Chamber about this topic, and the desire for urgency in addressing them. However, following the ombudsman’s five-year investigation, it is imperative that we take the time to conduct a thorough review of the comprehensive findings that have been published. An update will be given to the House once those findings have been fully considered. More broadly, we are committed to ensuring that pensioners have the dignity and security in retirement that they deserve. Most recently, we increased the state pension by £900 a year, thanks to the triple lock.

Oral Answers to Questions

Chris Law Excerpts

Wednesday 18th October 2023 Commons Chamber

The Prime Minister was asked—

[Chris Law (Dundee West) (SNP)]

Q1. If he will list his official engagements for Wednesday 18 October.

[The Prime Minister (Rishi Sunak)]

I know that the whole House will have been shocked by the scenes at Al-Ahli Hospital. As my right hon. Friend the Foreign Secretary has said, we are working independently and with our allies to find out what has happened. I am sure that Members will raise further questions about this during today’s session.

This morning I had meetings with ministerial colleagues and others. In addition to my duties in the House, I shall have further such meetings later today.

[Chris Law]

May I associate myself, and the whole of my party here, with what has been said about the horrors and the unfolding tragedy of last night’s bombing of the hospital in Gaza?

The Rafah border crossing from besieged Gaza into Egypt has been hit by several Israeli airstrikes, causing absolute terror to those who urgently need the crossing to be open in order to escape. Nadia El-Nakla, an elected councillor in my city of Dundee and the wife of Scotland’s First Minister, has had to take calls from her parents Elizabeth and Maged, who, like all others trapped in Gaza, have been describing the horrors of death and indiscriminate killings everywhere. Members of Nadia’s family were hit yesterday by a rocket from a drone, and her mother was saying her final goodbyes this morning, adding:

“last night was the end for me, better if my heart stops and then I will be at peace, I can’t take another night.”

With military action intensifying and the death toll rising rapidly, the Prime Minister’s first responsibility must be to bring British citizens home. Can he please give his personal assurance that every single step is being taken to open the Rafah crossing, both for humanitarian aid and to enable UK nationals like Nadia’s family to flee?

Oral Answers to Questions

Chris Law Excerpts

Wednesday 19th April 2023 Commons Chamber

[The Prime Minister]

We are committed to improving the resilience of this iconic stretch of railway, which provides a vital link for people in the south-west. That is why, to date, we have invested more than £165 million in delivering solutions to protect the line. Network Rail continues to develop the case for further investment, and my hon. Friend will be keen to feed into that.

[Chris Law (Dundee West) (SNP)]

Q2.   This week, not only has my city of Dundee announced that its flights will connect with Heathrow but the Scottish Government have committed to Dundee being at the forefront of making Scotland a major world economy, bringing investment, jobs and opportunity. However, the UK Government seem to have a problem with this. Scotland’s international engagement is to be reduced. Despite being paid for through Scotland’s wealth and taxes, UK ambassadors and diplomats have been instructed to obstruct the Scottish Government’s international engagement, with every foreign nation told not to deal with the Scottish Government directly. This has already been described as“smacking of a parent trying, and failing, to control a teenager.”Will the Prime Minister assure me and the businesses, the wealth creators and, most importantly, my constituents who want to see Dundee and Scotland prosper that, during this short time that Scotland remains in this unequal Union, Scotland will neither be put back in a box nor bend a knee?

Oral Answers to Questions

Chris Law Excerpts

Wednesday 23rd November 2022 Commons Chamber

[The Prime Minister]

I thank my hon. Friend for his comprehensive and thoughtful suggestions. As he acknowledged, I have committed to appointing an independent adviser on ministerial interests, and I very much look forward to studying his other proposals in proper time.

[Chris Law (Dundee West) (SNP)]

Q4. Just three months ago, this appointed interim Prime Minister said in Scotland: “We live in a Union, which is of course there by consent and by democracy, and I accept that”. By their consent and by democracy the Scottish people have already voted by a clear majority in the Scottish Parliament to have their say through a referendum on an independent future for Scotland. It begs the ultimate question: can the Prime Minister tell us whether he accepts Scottish democracy and, if so, how that is compatible with today’s Supreme Court ruling, which clearly exposes the myth that the UK is a voluntary Union and is upheld by consent?

[The Prime Minister]

At a time such as this, the Scottish people want to see their Governments working together on the things that matter to them. I believe that that is possible. The hon. Member should know that in his own constituency we have been able to support culture and tourism, working together to bring the V&A to Dundee. That is an example of a positive project. It demonstrates the benefits of the Union, and that is what we will keep on delivering.

Oral Answers to Questions

Chris Law Excerpts

Wednesday 1st November 2017 Commons Chamber

[The Prime Minister]

I thank my hon. Friend for raising this point. We all recognise the value of stable and strong families, and this is a cause she has championed, not only through her time in this House, but outside it. I am happy to join her in welcoming the development of family hubs, and I will certainly encourage Conservative mayors and councils across the country to be champions of them.

[Chris Law (Dundee West) (SNP)]

Q5. As the Prime Minister will be fully aware, my great city of Dundee has been repeatedly in the news over the last week: Dundee has launched its European capital of culture bid; it is now the world centre for pharmaceutical innovation; and The Wall Street Journal, no less, listed Dundee as one of the top 10 places to visit on earth, making it “Scotland’s coolest city”. So wouldn’t it be great if the Prime Minister today could finally tell the innovative, creative and cool people of Dundee and the surrounding area what precisely is the UK Government’s date for delivering their full and fair share of the Tay cities deal?

[The Prime Minister]

I am afraid I did not hear the end of the question. The hon. Gentleman stands up and waxes lyrically about his city of Dundee. He will recall that I was asked about Dundee’s city of culture bid last week, and I made the point that a number of places throughout the UK might put in bids. On the creative industries, I am pleased to see the development of the V&A in Dundee. The Tay cities deal will be important for Dundee and the whole Tay area, as other city deals in Scotland have been for the areas in which they have been agreed.