Deregulation Bill

Debate between David Mowat and Lord Mann

Monday 3rd February 2014 Commons Chamber

[John Mann]

I do not find it amusing that the Government introducing the Bill have no idea what goes on in workplaces and of the effect that this change will have, so let me illustrate my point. In the kind of work that we were doing, such as setting up major concerts in huge halls, a variety of different people come in and work together. Who is responsible for ensuring that the ladders going up—perhaps 50, 60, 70 feet—are secure? If it is a self-employed person, without that requirement in law because of this change, that buck—that burden—can be shifted. One critical thing in such a situation is having an overall duty because then everyone is liable. When working in complex spaces, with people going backwards and forwards carrying huge loads of equipment, lugging it and putting it up on high, all—whether a single person, a company or a company bringing in self-employed people, as we often did—ensure that the systems and the space is properly secured because they have a responsibility without exclusion.

[David Mowat (Warrington South) (Con)]

I am listening carefully to the hon. Gentleman’s arguments. His scenario is that of several self-employed people working as contractors in an umbrella organisation, but there is nothing in the Bill or clause 1 that would absolve that umbrella organisation from any health and safety aspect that I can see. His examples just do not apply.

[John Mann]

As I illustrated with the mining industry, if we move away from regulation, it will lead to civil litigation, and exactly the same will happen with the clauses in this Bill. That is illustrative not of a specific measure in the Bill in relation to the mining industry, but of the principle that moving away from good regulation creates a liability. It is not a cost saving for the employer because that liability comes back. In such a situation, yes, the Bill would have an impact because there is no overriding factor—that is the point. The case of the mountain guides is a wonderful example because the person who owns the mountain is normally the general public. We cannot say, “Ah well, this private landowner is responsible for this bolt coming out and this person who has been guided up falling to their death.” That is why this form of legislation came in.

The Minister without Portfolio, the right hon. and learned Member for Rushcliffe is the sole Euro-fanatic in the Tory parliamentary party these days. He is more Euro-fanatic than my good self. I note that in the past hour, UKIP has just nicked one of my Bills put to this Parliament about shifting the Department for Culture, Media and Sport to Manchester, and proclaimed it as its own.

--- Later in debate ---

[John Mann]

We will see which are included and which are not. When the Minister talked about mountain guides, he gave the example of a regulator that does not exist for that profession. That was the example he gave to promote his Bill and demonstrate that it would be regulated. Wrong. That regulator does not exist in relation to mountain guides; it is an entirely different body with nothing whatever to do with them.

Perhaps Conservative Members would like to listen, because I have worked in this situation. For example, when working to set up a concert there will be a range of different people: some will be self-employed and some will be employed. If overall responsibility for health and safety is removed from the self-employed, that will put everybody at risk, because that responsibility will no longer be defined. That is a fundamental flaw in the Bill that the Ministers clearly have not thought through.

The Minister for Government Policy put up the wrong regulator in the example I cited. I personally negotiated with the previous Government the exemption from the working at heights directive on precise technicalities. I demonstrated that it was not safer to be included. Despite the perception, it would not have provided health and safety. In climbing, there are two ropes. The worst-case contingency training did not allow for one of those ropes snapping, so the directive was a nonsense. It was not a nonsense in terms of the principle of the law; it was a nonsense in the detail. The principle of deregulation should be that if regulation is not effective—when it is useless, when it does not work and when it is outdated—it should be removed, as has been the case for stuff going back 150 years.

[David Mowat]

The hon. Gentleman said that the Minister referred to the wrong regulator. May I then refer to the right regulator in his eyes: the HSE? Why does he think that the HSE supports this deregulation if it contains all the evils that he suggests?

[John Mann]

The HSE does not regulate training for mountain guides. As with any risk assessment, the responsibility for risk assessment, given that there is a health and safety duty, lies with the individual. That is the basis on which the voluntary organisations across the world and in this country that oversee health and safety standards operate. The duty to need to have that risk assessment, and that health and safety duty, is just as applicable for the self-employed as it is for those employing others, so there is no difference in that example.

Let me cite another example of how good regulation works. The Minister said that there were hundreds of pieces of European legislation that should be removed, but he could cite none of them. In our business we worked all over Europe. We had to drive lorries across Europe before good regulation came in. If we did a job in Hungary, we had to drive through France, Belgium, Holland, Germany, Austria and Hungary. There was different regulation for lorries and heavy goods vehicles in each of those countries at that time, and some of the differences were huge. For example, we could not drive on certain roads in Austria. There were different speeds and different specs covering what kind of vehicle was allowed. In terms of free trade, that was a lot of regulation in many countries, and I would suggest that there is now sensible regulation.

Virtually all the regulation emanating from Europe is to do with the single market. The figure that I have read is 90%, but the Minister without Portfolio is a greater expert on this than me, so I am sure he can confirm that. A single market requires regulations so that products can be sold on an equal basis, and they are counter to import controls. Import controls and regulation do not go together; they are polar opposites. If the Conservative party is saying—it would be useful to have this clarification—that it intends to remove a lot of European legislation on the single market, which import controls would it bring back in? Many economists and others would say that import controls are a cost on business, just as civil litigation costs, as the mining industry found, are a cost on business. Good regulation, especially on health and safety, protects the position of the self-employed and the employer. It is not a burden on them, but a protection to them, as well as the worker concerned.

There is some good stuff in the Bill. The provisions on rights of way may well speed up a long drawn out process and ensure that they are brought in properly, appropriately and speedily. That may well be a very good thing, but it would have been useful also to have dealt with regulation on health and safety in graveyards. They are the perfect example: there was no regulation, and 3 million gravestones, due to what many people described as health and safety, were staked. There was no regulation for that; it was precisely the absence of regulation that led to 3 million gravestones being staked. The House may recall that I am a qualified topple tester in graveyard health and safety. What happened was due to the same problem that the mining industry faced: insurance risk. Insurers demanded action, but there was no coherent regulation that said, “Here is what the health and safety standard should be.” Faced with pressure from insurers, people did their own thing—they made it up as they went along—but that is precisely what the Bill proposes should happen in many areas. That is the principle behind what Ministers are proposing, but the Bill will shift the burden on to insurance companies and the courts, and that is not protection for the employer.