Growth and Infrastructure Bill Debate

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Tuesday 23rd April 2013

(11 years, 7 months ago)

Commons Chamber
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Michael Fallon Portrait Michael Fallon
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That might well turn out to be a reason for one of the adjoining neighbours not to be happy with the proposal and to object to it.

If a neighbour raises an objection, the local authority will consider the impact. It will then be up to individual councils to decide how to handle the procedure, and to determine whether decisions should be delegated to officers or made by the planning committee.

David Ward Portrait Mr David Ward (Bradford East) (LD)
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This is an improvement on the previous position, but who will pay for it all? Will there be a planning fee? Will the local authority be expected to pick up the cost of the consultation in the event of an objection, along with the cost of advertising it to local residents?

Michael Fallon Portrait Michael Fallon
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No planning fee will be levied on the home owner making the notification. If the extension proceeds with no objections, the local authority will benefit from a considerable saving, because it would otherwise have had to bear the costs of a full planning application. However, we shall be happy to discuss with local authorities, in the normal way, whether in the fullness of time the scheme is likely to impose any additional cost on them.

David Ward Portrait Mr Ward
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Normally people object to an extension that is beyond the current permitted level. The position is likely to become more contentious, and there is likely to be a large increase in the number of neighbours who complain. Who will fund the local authority’s inspections and the resulting consultation?

Michael Fallon Portrait Michael Fallon
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The local authorities would have to do that if a planning application were made in the normal way. Under the new relaxed procedure, the costs will be lower. As I have said, however, if it seems likely that there will be a significantly greater burden on local authorities, we will discuss that with them to ensure that it does not happen.

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Michael Fallon Portrait Michael Fallon
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I am grateful to the hon. Gentleman for raising that point, and I will come on to the issue of the advice that may be available to the employee in those circumstances.

David Ward Portrait Mr Ward
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I think I understand the issues to do with mandating and JSA, but would it be legal for an employer to refuse to take on someone who did not want to be part of such a scheme, and if the employer did refuse, how on earth would we know about that?

Michael Fallon Portrait Michael Fallon
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I do not think we would know in those circumstances whether that was the exact reason why somebody had not been offered the position, but what I did last week—and I hope my hon. Friend accepted this—was make it absolutely clear that nobody who had jobseeker status could be mandated to have to accept a job.

Our second amendment prevents an employee shareholder contract from taking legal effect until seven days have elapsed from when the offer is made to the individual. The amendment affords an individual a period to consider the risks and rewards of the contract. That removes any question that individuals might be pressurised into accepting a contract.

These amendments mean that an individual who has chosen to apply for, and has been offered, an employee shareholder job has both the information and the time they need to consider whether the job is right for them. Noble Lords, including my noble Friends Lord King and Lord Forsyth, also expressed a concern about the employee shareholder receiving independent advice. I want to reassure them and all noble Lords that the Government are taking that concern seriously and are reflecting on the remarks made in the other place yesterday evening.

This new status gives in particular young and new companies a fresh option that they may use to attract high-calibre employees who can share in the growth potential of the company, and I urge the House to support these amendments.

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Ian Murray Portrait Ian Murray
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That might be the case, but one does not have to give up one’s fundamental worker’s rights to take the risk in shares in businesses. Many employees take shares in businesses, but they do not give up the rights to redundancy, to request flexible working, to training and to unfair dismissal and maternity rights. Last week, the hon. Gentleman made an impassioned speech about his running of businesses and the fact that his employees are always at the forefront of his mind. The vast majority of those in this country who start a business have employees at the forefront of their minds. But relationships do break down and businesses do run into trouble. I agree with him to a certain extent, but missing from the jigsaw is the fact that fundamental rights at work still have to be given up in order to take on those shares. He fails to recognise that that is part of the overall equation.

Let us examine the issue of tax avoidance that my hon. Friend the shadow Business Secretary mentioned in the House last week. The Treasury says—it is a Treasury document—that this will cost £1 billion, but the true cost may be more than that, as my hon. Friend said. As the Treasury’s December 2012 policy costing document says,

“It is hard to predict how quickly the increased scope for tax planning will be exploited.”

Let me examine this:

“increased scope for tax planning will be exploited.”

That sounds to me like tax avoidance and it was picked up by Paul Johnson, the director of the Institute for Fiscal Studies, who said:

“just as government ministers are falling over themselves to condemn such behaviour”—

tax avoidance—

“that same government is trumpeting a new tax policy that looks like it will foster a whole new avoidance industry.”

The Treasury document, by using the terminology

“increased scope for tax planning will be exploited”,

emphasises what Paul Johnson has said.

David Ward Portrait Mr Ward
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Is not the value of shares very much up to those who control the shares? The value can be controlled by the majority shareholders, who often are directors of the company and can devalue a company at a moment’s notice by transferring assets out of the business into another company that they can set up.

Ian Murray Portrait Ian Murray
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The hon. Gentleman makes a valuable point. He voted with the Opposition last week, on which he should be commended. The other issue around the concept of dilution of shares is that when new investment comes into a business, shares can be diluted. There is no provision for employees who are shareholders to be informed of that. Assets can be transferred out of businesses and there is nothing to stop employers, when they wish to make large scale redundancies of employee owners in the business, diluting the shares before they do so.