Seafarers' Wages Bill [ Lords ] (First sitting)

Debate between David Linden and Natalie Elphicke

Committee stage
Tuesday 17th January 2023 Public Bill Committees

[David Linden]

Even if people were not around last night, it will not come as a huge surprise that the Government are not particularly wild about standing up for workers’ rights. We on this side of the Committee happen to be of the view that we should be doing everything we can to try to support workers—[Interruption.] The hon. Member for Crewe and Nantwich chunters. I am more than happy to give way if he wants to stand up and speak. If he wants just to make a wee bit of noise behind the Minister, he is welcome to do so.

We support returning to the stricter criterion of 52 calls per year, which is what amendment 45 seeks to do. This is a key test of the Government’s commitment to seafarer welfare, and they failed in the Lords when they narrowly defeated Lord Tunnicliffe’s amendment that aimed to restore the criterion of 52 annual harbour calls.

National minimum wage and domestic employment law are difficult to enforce and apply in the maritime sector. That is why employers such as Stena Line, which employs UK crew on international routes from UK ports in Cypriot-registered vessels, enter collective bargaining agreements with domestic maritime trade unions. The UK Chamber of Shipping estimated that up to 45 major ferry routes served the UK economy in 2020, but that is subject to change. For example, P&O closed Hull-Zeebrugge in October 2021, but DFDS opened an unaccompanied freight service between Sheerness and Calais earlier that year.

In my view, the Bill should cover crew working for operators of containers, bulk carriers, cargo ships and vessels working in the offshore energy supply chain, as well as ferries. In 2018, the RMT estimated that extending the national minimum wage to cover domestic and offshore energy routes would bring 13,000 seafarer ratings into scope. The impact assessment for the Bill estimates only the cost to employers, not the number of seafarers who would be covered by the Bill.

I am concerned that the Government have dismissed out of hand the unions’ concerns over avoidance techniques. Port hopping, as we often refer to it, remains a genuine avoidance technique that becomes far easier to use the more frequently a vessel calls at a UK harbour. At 120 calls per year, it would be far easier for operators to make minor changes to scheduled port calls in order to avoid the legislation. A threshold of 52 calls, which was in the Government’s original proposals, would be far tighter. It was changed only after consultation with industry, although the trade unions supported 52 calls. I go back to the point that if the Bill is about protecting workers—the very workers who were so cruelly shafted by P&O—then it is incumbent on the Government to listen to the voices of those workers and trade unions, not the voices of industry. That is the whole reason we are here.

Disappointingly, the Minister in the Lords, Baroness Vere, was unconvinced that that avoidance technique could be used. She said:

“I do not think operators would play switcheroo with UK ports because, frankly, their customers would not put up with it.”—[Official Report, House of Lords, 26 October 2022; Vol. 824, c. 1506.]

The translation of that is, once again, “Leave it to the markets. The markets will dictate.” If we have learned anything over the course of the last few months in this House and during the P&O debacle, it is that simply leaving it to the markets is not a great idea. I am not reassured that the logistics market will self-regulate. The recent merger between Cobelfret and Seatruck Ferries, two operators who have been paying seafarers below national minimum wage on regular international services from UK ports for years, frankly, also increases the prospect of avoidance techniques.

I hope that has outlined just some of our concerns on the issue. For those reasons, I will formally seek to divide the Committee and vote against Government amendment 1.

[Mrs Elphicke]

I will take the opportunity to speak to these clauses and amendments. They cover the short straits, and first I will comment specifically on the issue of 120 calls per year. Looking at the short straits, according to figures from the UK Chamber of Shipping, the number of port calls meets the threshold by 30 to 40 times in relation to the Dover-Calais and Dover-Dunkirk lines: around 4,000 port calls that are made would come within the legislation. Whenever we set a threshold, it is important to set it with reference to the matter that we are addressing. The evidence is very clear that 120 days is a relevant and, indeed, low threshold in relation to the particular services that we are seeking to address within the remit of this important Bill, which, as has been discussed, very much has my short straits of Dover at its heart.

I am conscious that some good points have been made in relation to seafarers more generally. I hope that we can show some global leadership on this issue. I have been pleased to have the opportunity to speak at great length about seafarers’ rights with my hon. Friend the Member for Witney when he was Ports Minister. Although I can understand the remit being extended in the way that is being sought within the remit of the Bill, we need to look at seafarers’ rights more generally, as well as those bilateral agreements.

I now turn to amendments 47, 62 and 49. The Minister made some helpful comments in introducing this section, but I ask him, if I may press him further, for an assurance of the position, particularly relating to the calculation for food and accommodation. If I were to work in McDonalds—indeed, I did so for a very long time and enjoyed it greatly—I could have a certain amount of food on my food break if I were to work for four hours. If I were to work for the entire day, I would get much more McDonalds food—very tasty. That food would be free to me as a worker and that is the principle that we want to see for those at land and within our waters.

However, I think that some of the concerns that have been raised must not be seen only through the lens of our own domestic legislation in relation to the minimum wage and its calculation. I have taken some time to look at how these issues are treated within our national minimum wage legislation on land and issues such as accommodation—staying on ship would not, in my view, fall within the current definition of “accommodation” and its applicability for national living wage purposes. But it is right that these issues have been raised and that they are looked into carefully as we go through because, in relation to the operation of seafarers, particularly on these routes, our domestic provisions are not the market provision for these matters. The market for this is global; the conditions are global and international. When we talk about common market practice, it is within a global and international setting, with different countries applying different regimes to their seafarers.

When it comes to seafarers’ rights, we tend to think that this means countries who are very international, such as the Philippines and others, but I will give the Minister a directly relevant example to this food and accommodation issue. The Danish Maritime Authority allows for seafarers’ food subsistence allowance to be deducted from the calculation of national minimum wage. It is a matter for negotiation, either collective agreement or individual contracting, but, none the less, in the application of their calculation of national minimum wage, they do—

Seafarers' Wages Bill [ Lords ] (Second sitting)

Debate between David Linden and Natalie Elphicke

Committee stage
Tuesday 17th January 2023 Public Bill Committees

[David Linden]

The hon. Member is spot on. The reality is that this gentleman factored in that he would appear before a Select Committee, that it would be uncomfortable and that he would probably have to get some crisis comms advice. I rather suspect that Peter Hebblethwaite is walking around waving the fact that he has been able to withstand all this pressure from Parliament as a feather in his cap. He will see it as some sort of virtue that he can sell to future employers. The hon. Member is absolutely spot on: the fact that there is no personal liability means that these kinds of directors will behave with impunity.

New clause 9 does not mandate Members to vote for a report. It mandates us, on a moral basis, to vote for action to ensure that a company director who was as egregious as Peter Hebblethwaite can never again get away with that. Members of this House have a responsibility to stand up for their constituents. On that basis, I have tabled the new clause.

[Mrs Elphicke]

I wish to speak about this new clause, because we are all of the view that Peter Hebblethwaite should not be allowed to be a director. I made a formal complaint to the Insolvency Service on directors disqualification for the whole of that board. The Insolvency Service has still not completed its civil proceedings, although it has said that it is not minded to take criminal proceedings. It is clearly unacceptable that company bosses are allowed to act in that way and that directors disqualification does not apply.

This is a specific Bill dealing with a specific set of circumstances. I would like the relevant Department to look at why the Company Directors Disqualification Act 1986 and the criminal obligations in the Insolvency Service did not apply to this specific case. I have made representations to the appropriate Ministers accordingly.

I completely agree with the sentiments expressed by the hon. Member for Kingston upon Hull East, except his view that the Government have not taken any action. Throughout the P&O situation, we have walked literally shoulder to shoulder in support of people.

[Mrs Elphicke]

I thank the hon. Gentleman for that intervention. That is clearly rubbish, because the Government at the time, including the then Secretary of State, my right hon. Friend the Member for Welwyn Hatfield (Grant Shapps), took immediate action—action that no one expected to be taken—as did the Minister at the time, my hon. Friend the Member for Witney. I was involved directly in that action along with the then Secretary of State, the then Prime Minister and a number of Government Ministers, including my hon. Friend the Member for Witney, in relation to this issue. That action is the reason why we have the nine-point plan and why we have the Bill.

Opposition Members will always say that whatever the Government do does not go far enough. However, I have to say, in representing the people in Dover who were specifically affected by P&O, that I am very proud of the action that we have taken across the Chamber and so far in this House. I want to see the Bill put on the statute book at pace.

[David Linden]

The hon. Lady is talking about the importance of taking action. Other than a pretty toe-curling Select Committee appearance and a couple of bad media interviews, the only action I have seen so far is that Peter Hebblethwaite has received a promotion. He is still able to act as a company director, so for the sake of the hon. Lady’s constituents, I ask her to reflect on the fact that until such a time as Peter Hebblethwaite is unable to act as a director and get away with such behaviour in future, that action will not be enough.

[Mrs Elphicke]

As I said, I do not think that Peter Hebblethwaite should be a director and I am taking steps to ask the Insolvency Service to remove him.

Seafarers’ Wages Bill [Lords]

Debate between David Linden and Natalie Elphicke

Monday 19th December 2022 Commons Chamber

[Mrs Natalie Elphicke (Dover) (Con)]

Not only has 2022 been a year of opportunity, new jobs, higher wages and investment across Dover and Deal, but it has been a difficult and challenging year, with a number of significant and sometimes shocking events occurring around our sea border. Looking back to this time last year, I would not have expected to see a household name, a much-loved part of the Dover landscape, a global company headquartered in the town, become a pariah and a disgrace, not just in the maritime community, but in the business world. That is what the directors of P&O Ferries made it in March 2022. P&O’s management is a total disgrace, and it has put a stain on the name of this great company. In March, I wrote to the Insolvency Service, calling on it to consider director disqualification action against the named directors of P&O Ferries Ltd and its parent company, P&O Ferries Holding Ltd, on the basis of the directors’ misconduct.

The Insolvency Service has a responsibility to uphold confidence in directors and to hold them to account for serious misconduct. The response from the service has been wholly inadequate so far. I ask my right hon. Friend the Secretary of State to press the Insolvency Service to step in and do its job—to hold those P&O directors to account for their reprehensible, immoral and unlawful conduct. I still have constituents who have not been compensated properly for lost or stolen belongings. I ask the Minister to meet me to see how my constituents can be helped, so that this matter can finally be resolved for them.

In relation to the well-made comments on the intensity of the channel route, the Maritime and Coastguard Agency looked at these issues for Irish Ferries when it came into Dover and for P&O when it tried to stand up its agency workers and was not allowed to do so because they were not good and ready. I ask the Minister to have a conversation with the agency and then for us to meet further to discuss how assurances can be given that the intensity of the channel route is being properly monitored and considered in relation to the safety of workers and passengers on it.

Looking back to the sackings in March, I was glad to take up an offer from Darren Procter of the RMT union to march with the workers, my constituents in Dover Town, along with other prominent local Conservatives. As the local MP, I supported workers in two previous restructurings of the workforce of P&O, working with the unions and speaking to the management of P&O. It was completely untrue, therefore, for P&O to seek to blame predicted union militancy by RMT for its disgraceful management behaviour, because previous restructurings had been by negotiated settlement.

P&O did not even try to negotiate. It just decided that it would break the law. None the less, it is true that, on the day I marched with the RMT, we did see the ugly face of the militant unions and the Labour party. It is also true that the Labour party saw an opportunity to exploit the shocking corporate behaviour of P&O, just as we have heard that it intends not to fully and unequivocally support the measures of this important Bill today.

As I was surrounded by bused-in, hard-left aggressive militants outside the RMT headquarters in Dover, I was rescued by local union members whom I know and who brought me into the building for my safety. Imagine my shock when I saw the leadership of the RMT—Mick Lynch no less—and other trade union barons holding a Zoom meeting with none other than the Labour leader, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer). While I was in that private meeting, I was shocked to hear how the Labour leader and the trade union barons were chatting away about exploiting the P&O situation in Parliament for political gain in those coming days, and how the unions could create a winter of discontent, stoked up by trade unions here. It seemed to me, listening to everyone that day, that they were working hand in glove with the Labour leadership.

Back then, in the spring, I thought that it was just wishful thinking on the part of Labour and the trade union barons. Now Mick Lynch has turned into the Christmas Grinch and the winter of union trouble making is well and truly under way—and not a word of condemnation from those on the Labour Front Bench, and I think that we all know why.

[David Linden (Glasgow East) (SNP)]

As a Scottish nationalist MP, there is not a lot of love lost between me and the Labour party. It certainly comes as a surprise to me to hear that the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) is very much in cahoots with the unions. I think that he could do an awful lot more to stand up for Labour values. However, at the heart of all of this are the hon. Lady’s constituents who were treated incredibly badly by P&O. The issue here is not the RMT union; the issue here is P&O Ferries, which has acted disgracefully. I urge her to try to get back to that point, which is what the Bill is about.

[Mrs Elphicke]

I thank the hon. Gentleman for his intervention. As I have made it very clear, as the Dover MP, I have worked very constructively with the RMT, and particularly with the local branch. What I saw that day was the Labour leader on Zoom, and it seemed to me from that meeting that he was looking for political opportunism, rather than having the interests of my constituents at heart. I am therefore very pleased that so many Members on the Opposition Benches now speak so freely about my constituents, but I urge them to fully support the Bill, and not to seek to create division and engage in shameless political opportunism on what they know is a very specific Bill, as they have already done in the Lords.