Seafarers’ Wages Bill [Lords]

Debate between David Linden and Richard Holden

Tuesday 7th February 2023 Commons Chamber

[Mr Holden]

I will come later to the hon. Gentleman’s point about offshore workers in the energy sector. If the proposal were 52 weeks, we would be including services that were in UK waters for only a matter of a few hours a week. We think that would be a disproportionate measure and it would not address what we are trying to address, which is short-service ferry operations. They are the major point of concern. If we include other services, we move swiftly into international maritime law.

[David Linden (Glasgow East) (SNP)]

My understanding was that 52 weeks was the original threshold in the Government’s proposals and that that was changed after consultation with industry. The trade unions supported 52 weeks. As that was the Government’s initial proposition and only after the intervention of the British Ports Association did they chose to ignore the trade unions, can the Minister clarify why that was? If there was compelling evidence to make that change, will he place it in the Library of the House?

[Mr Holden]

My understanding is that the initial consultation was on that broader thing, but the legislation that was introduced was always based on a figure of 120, because after that broad consultation we looked at various issues, including where an operator, perhaps from Holland, visits several European ports and then pops into the UK once a week. The minimum wage equivalence being introduced for those operators would be very minimal and would affect a small number of people. Obviously, where someone was based in Holland, visited several European ports and then popped into the UK occasionally, we would be bringing in real questions of international jurisdiction, particularly under maritime law, as to where those services were being operated from.

--- Later in debate ---

[Mr Holden]

I thank all hon. Members for their speeches. I found it a pleasure to work with everybody, particularly in Committee, to try to improve the Bill and get it into its best possible shape. I hope I have been clear in my responses during the debate that, with the Government amendments we have tabled, we have taken on board a lot of the feedback from Members. I understand that some will be disappointed that we did not go further, but I will come on to address a couple of points that were raised.

On amendment 24, the scope is intentionally tightly drawn because seafarers need to have close ties to the UK. The national minimum wage equivalent will be enforced in our territorial waters only. If we were to expand it to include less frequent services, there is a risk of bringing into scope seafarers working on services that we do not feel have legitimate ties to the UK.

The hon. Member for Easington (Grahame Morris) and others raised the issue of wages. We understand that wages are just one of the issues at stake more broadly, but they are important, which is why we are legislating on them today. On his broader concern, we are working on progressing the nine-point plan. I hope Members welcome the progress we have made, in particular on co-operation at international level. The hon. Member for Sheffield, Heeley (Louise Haigh) did say back in March last year that we needed a binding framework to prevent a race to the bottom on international standards. I hope she can see that we are putting in a new international standard, at least at some level, and that we are working with international partners to improve conditions.

I thank the hon. Members for Wythenshawe and Sale East (Mike Kane) and for Paisley and Renfrewshire North (Gavin Newlands) for their comments on unlimited fines and seafarer welfare. I appreciate their views on wanting things to go further. The hon. Member for Glasgow East (David Linden) raised Mr Hebblethwaite, as did other hon. Members. I have to agree with their comments about the man as an individual. However, we hope that the unlimited fines element for the company will make a real difference to the operation of people in this space.

[David Linden]

Will the Minister give way on that point?

[Mr Holden]

I do not have enough time to give way, I am afraid. I was very generous earlier on.

The right hon. Member for Hayes and Harlington (John McDonnell) has raised the issue of the seafarers charter regularly. He and the hon. Member for Easington have raised it on a number of occasions. We will bring it forward in the near future. I hope they will see that it will, in quite a lot of ways, go further than I think they fear it might. Going beyond wages, food and accommodation will be covered under secondary legislation that will follow on from the Bill. They both also mentioned the scope of amendment 32.

My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) raised broader issues around legislation. In particular, he wanted an update on the maritime growth strategy. I am encouraged by the positive action taken by the industry so far, but I will raise the matters he has raised with the maritime Minister and ask her to write to him.

The hon. Member for Easington raised a number of issues, but went further than other hon. Members on P&O’s royal charter. I will ask the Privy Council Office to write to him. My understanding is that one has not been revoked since the reign of Charles II. We are now in the reign of Charles III, which is quite a long time after that. There was, apparently, a third-party action in an administrative court in 1853, which is slightly more recent. That could possibly be another route, but I will ask the Privy Council Office to write to him with the full details. That is the best place for that to come from—it is stretching my legal knowledge in that particular regard.

We are confident that the combination of surcharges, refusal of access and criminal offences will incentivise operators to pay seafarers on services within the scope of the Bill at least the national minimum wage.

I hope that I have addressed some of the major issues on which hon. Members have pressed me today. On new clause 4, I ask them to consider the impact that making the fines unlimited would have on individual companies and directors, and to think again about what they are asking for. On new clause 2, I put it to them that it really would not be appropriate to have a review within six months, before even the relevant secondary legislation has been made. On amendment 24, I refer them to the extensive comments that I made in my first speech.

I hope that hon. Members will see fit to pass the Bill without further pressing any amendments or new clauses. If they do press their amendments, I hope we can defeat them and see the Bill through to a Third Reading.

Question put and agreed to.

New clause 3 accordingly read a Second time, and added to the Bill.

New Clause 2

Implementation and monitoring

‘(1) Within six months of this Act being passed, the Secretary of State must publish a report on the implementation of, and monitoring of the effects of, this Act.

(2) The report must include—

(a) an assessment of the impact of this Act on—

(i) roster patterns,

(ii) pensions, and

(iii) wages of seafarers;

(b) a statement as to whether further legislation will be introduced by the Government as a result of the findings of the assessment under paragraph (a);

(c) a strategy for engaging with trade unions for the purposes of monitoring the implementation of this Act, including in reference to conventions of the International Labour Conference;

(d) a strategy for monitoring the establishment of minimum wage corridor agreements with international partners of the United Kingdom, insofar as any such agreement ensures that any non-qualifying seafarer is remunerated for UK work at a rate that is equal to or exceeds the rate that would otherwise be required under this Act;

(e) an assessment of the interaction between this Act and existing international agreements or international maritime law, including reference to any litigation that has arisen as a result of this Act.

(3) The report must be laid before each House of Parliament.’ —(Louise Haigh.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.

Seafarers' Wages Bill [ Lords ] (Second sitting)

Debate between David Linden and Richard Holden

Committee stage
Tuesday 17th January 2023 Public Bill Committees

[Mr Holden]

I will write to the hon. Member for Easington on the specific issue of the Retained EU Law (Revocation and Reform) Bill. I will start now by saying that there have been some strong and robust improvements from this Bill, not the least of which is the imposition of a duty on the harbour operators, which I think goes a long way to addressing many of the concerns expressed at earlier stages by hon. Members.

I would like to reflect on a couple of comments from my hon. Friend the Member for Dover. She mentioned the bilateral agreements and how important they are. With us legislating in this way and other countries now starting to look to the legislation for their own societies, perhaps the hon. Member for Paisley and Renfrewshire North will reflect on how it is Britain leading the way in this space—a little.

In terms of the Laffer curve, I did not think I would see my right hon. Friend the Member for South Holland and The Deepings and the hon. Member for Wythenshawe and Sale East perhaps come out on the same side of things, but they do seem to have reflected a general, cross-party consensus that it is important to act in the best interests of working Britain. That is entirely what this legislation is designed to do.

Regarding fire and rehire, which has been mentioned by several hon. Members but is outside the scope of this Bill, I want to put it on record that BEIS will be launching a consultation and code of practice on fire and rehire shortly.

[David Linden (Glasgow East) (SNP)]

Can the Minister tell the Public Bill Committee how many consultations and letters BEIS has issued about fire and rehire? There is cross-party agreement in this House about what the problem is, so why do the Government have to take forward yet another consultation on it?

[Mr Holden]

I do speak for the Government but, on the specifics of what BEIS has been up to, I urge the hon. Member to speak to a BEIS Minister. But I do understand the broad thrust of his point. Where we are taking action here today is regarding seafarers.

The hon. Member makes quite an important point: how many consultations and reports can be had? The Opposition are currently proposing two more reports in their new clauses 5 and 7, both of which seek to legislate for the Government to produce a report. The first seeks to legislate for the Government to produce a report within six months of the Bill being passed on its implementation and monitoring. A number of the points that are sought to be included in such a report are well beyond the scope of the Bill. As hon. Members have said, the Bill is focused very much on the remuneration of seafarers who do not qualify for the national minimum wage. Six months after the Bill has been passed, there will be little to report on—hopefully very little indeed, as people will be complying with it. Indeed, the Bill will not be brought into force until secondary legislation is in place, and it is not expected that that will be the case within a short space of time after the Bill has passed.

Let me turn to the detail of the new clause, in particular subsection (2)(a). As a matter of course, we will be conducting a post-implementation review of the Act within five years of it being passed that will cover pensions and pay, as covered in the impact assessment. In any event, pensions and roster patterns are outside the scope of the Bill, and any effect on rostering would be indirect and challenging to distinguish from other factors.

Subsection (2)(b) goes beyond the implementation and monitoring of the Bill itself, and is therefore out of scope. We do not have plans to legislate further than is necessary, but that does not mean that we will not take action on areas beyond the matter of minimum pay, which we all know is not the only aspect of seafarer welfare that requires attention. As hon. Members have mentioned, as part of the nine-point plan, a new seafarers’ charter will be launched as a voluntary agreement, which aims to improve long-term employment and welfare conditions for seafarers. It covers a far wider range of employment protections than is currently covered by the Bill.

--- Later in debate ---

[Mr Holden]

As the hon. Member knows all too well, he and I are very much on the same page and would like the Insolvency Service to report as soon as possible, but it is an independent organisation and we cannot comment on ongoing investigations. The entire basis of the new clause tabled by the hon. Member for Glasgow East, which Opposition Back Benchers have spoken about too—that they want something that could disqualify someone—is there in what is being looked at. It is maintained via the Insolvency Service. While I cannot comment on the individual case, I think it is clear that what everybody wants to achieve is already there. I understand why Members are trying to invent another offence, but it is not necessary, as what the hon. Member for Glasgow East seeks to achieve can already be done through current legislation.

[David Linden]

I am not sure that is the case, given that Peter Hebblethwaite can continue to act with impunity and had a promotion recently.

I will not seek to make this party political; I have been tempted to in the past, but I will not. I was interested in the point the hon. Member for Dover made in an exchange that was probably the hottest point of our proceedings today. I offer a hand of friendship; I will act as the Cilla Black of Parliament and bring us all together. If the hon. Lady says that she appreciates the sentiment behind new clause 9 but wants it to go further, I am happy to work with her.

On that basis, I will not press the new clause to a Division in Committee, but I ask the hon. Lady to join me for a cup of tea at some point to help me look at how to strengthen it. Then we can bring it back for a vote on the Floor of the House during remaining stages. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Bill, as amended, to be reported.

Seafarers' Wages Bill [ Lords ] (First sitting)

Debate between David Linden and Richard Holden

Committee stage
Tuesday 17th January 2023 Public Bill Committees

[Mr Holden]

My right hon. Friend makes an important point. We are looking into the terms and conditions, which will be there in the regulations, and we will have a wide public consultation. He is absolutely right: we want to get this right.

The legal issue raised by the hon. Member for Wakefield was about legal risk in the 52 versus 120 days element. When a ship stops at multiple points in Norway, for example, then has one trip a week to the UK, to argue that it should be covered by UK legislation rather than Norwegian legislation would put it into a very difficult international legal position. Under international maritime law, that would expose us to greater legal risk for the entirety of the legislation, rather than on specific points. I hope hon. Members understand.

The hon. Member for Glasgow East made a number of comments. On the broad issues, at least, I say to him that the Government have raised the threshold at which people pay income tax, taking millions of people out of tax. They have introduced the national living wage and reduced the age at which people qualify for it. Moreover, and in a massive and long-term benefit for huge numbers of people, they have expanded auto-enrolment in pensions to hugely benefit working people. His comments were broadly ill judged and, in a certain way, bringing forward this conversation today shows our commitment to delivering for working people. While I appreciate that everyone in the Scottish National party is an expert on ferries these days, I am not sure they are when it comes to this legislation.

[David Linden]

Will the Minister give way?

[Mr Holden]

I have finished my comments already.

Question put, That the amendment be made.

Agricultural and County Shows

Debate between David Linden and Richard Holden

Thursday 21st July 2022 Westminster Hall

[Mr Holden]

I agree with my right hon. Friend, and he is right to highlight that. It is true not just in agricultural farming but for our fishing industry, as I am sure his community would reflect. Nothing has brought that home more than what has happened recently overseas, and the knock-on impact on inflation and food prices here. There is also the security element, so he makes a valid point, which I will return to later.

[David Linden]

I agree with the point made by the right hon. Member for Preseli Pembrokeshire (Stephen Crabb), but do we not need to be realistic in this debate and ensure that we take a much more liberal view towards migration policy if we are to support the UK’s agricultural sector? There is no doubt that we have a workforce shortage, which so far the Government are not doing enough on.

[Mr Holden]

I thank the hon. Member for raising that point. One important point that I would mention to him, though, is that we need to have a really productive farming sector, and I am glad that the Government are looking to introduce some measures to drive that productivity. If we look across the sea to Holland, which actually has more people employed in the agricultural sector than we do, it has introduced some very productive farming measures over the past few years. There has to be a broader picture, but capital investment in particular is going to be essential if we are to grow our way out of the issues we face with not just food security, but the rural economy.

To pick up on a broader theme that both my right hon. Friend the Member for Preseli Pembrokeshire (Stephen Crabb) and the hon. Member for Glasgow East (David Linden) have highlighted, I am really keen that we put our focus on the environment where it can do most good. In my area, we have huge amounts of upland peat, and there is currently a lot of grit removal going on, which is helping to ensure that our rural communities can engage in carbon capture and storage on relatively low-value agricultural land. Peat takes up four times as much carbon dioxide per acre as forestry, so I would much rather concentrate on where we can get the biggest bang for our environmental buck and not be pushing afforestation as widely as possible, particularly on higher-value agricultural land. That is a particularly important point; it is something I have discussed with Ministers, and it is something the Government are moving towards.

British farming is the UK’s largest manufacturing sector; in fact, it is important to remember that we could not have had an industrial revolution without an agricultural revolution before it. Despite the enormous output, with the specialisation and diversification of Britain’s farms and the premium products they produce, we now need to aim for another agricultural revolution. That is why I am so keen to ensure that we get some real capital into our farming communities to help drive the next wave, because those things go hand in hand with each other.

I am proud of the unique output of our farming communities, and I am particularly proud to see them celebrated in these rural shows. As I said, those shows bring us together as local towns and communities to see what is happening on the farm—I am sure Members from across the House will have seen that locally. We do not want our agricultural and rural communities to just become the sites of holiday homes.

Parliamentary Constituencies Bill

Debate between David Linden and Richard Holden

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Tuesday 10th November 2020 Commons Chamber

[Mr Richard Holden (North West Durham) (Con)]

Like many hon. Members I send my best wishes to my right hon. Friend the Member for Norwich North (Chloe Smith). She has been a friend for many years and I know that the thoughts of the whole House are with her and wishing for her swift recovery.

My right hon. Friend the Member for Basingstoke (Mrs Miller) and my hon Friends the Members for Gedling (Tom Randall), Elmet and Rothwell (Alec Shelbrooke), Heywood and Middleton (Chris Clarkson), and West Aberdeenshire and Kincardine (Andrew Bowie) have all made excellent points, echoing many of the points that I wish to make. On Lords amendment 1, I agree with my hon. Friend the Member for Heywood and Middleton. I cannot understand, when we are seeing huge population growth and massive development in some constituencies, why one would want to have 10 years rather than eight. When I stood for the council in Tower Hamlets in 2008, I remember looking at the huge differences in population growth in east London that had occurred as a result of massive regeneration. That threw out not only council wards but some parliamentary constituencies by tens of thousands.

Most of my comments today relate to Lords amendment 7—or, for reasons that will become self-evident, what I call the Borat amendment. As the Venice Commission outlines in its core principle, the equality of voting power is a crucial standard of the concept of electoral integrity. That is important. There has been much talk about tolerance today, but it is a tolerance around a mean. Seven and a half per cent on either side makes a difference of 15% and that is a significant change from 10%. Page 21 of the Venice Commission’s 2017 report highlights two nations. One is Malta, whose constitution allows no more than 5% departure on either side of the average in order to take account of geographical vicinity. However, Kazakhstan allows 15% tolerance. Britain is in exactly the right place when it is more aligned to Maltese rules on different constituency sizes than it is to Kazakhstan’s rules.

What we all want is simple: equal representation as far as possible, but taking into account reasonable geographical changes.

[David Linden]

Will the hon. Gentleman give way?

[Mr Holden]

I am speaking only briefly, so I am afraid not. Finally, I am glad that the Government have accepted Lords amendment 3, because we all know what happened in the late 1960s when Harold Wilson delayed and delayed in an attempt to deny democracy and hold Britain back in the 1950s—it did not serve him well. I am glad the Government are moving forwards and I urge all hon. Members to support the Government tonight.