Oral Answers to Questions

Ed Davey Excerpts

Thursday 8th December 2011 Commons Chamber

[Julian Smith (Skipton and Ripon) (Con)]

17. What recent progress his Department has made on its employment law review being undertaken as part of the red tape challenge.

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Mr Edward Davey)]

We have made excellent progress with our employment law review. Our radical package includes streamlining the employment tribunals system, doubling the qualifying period for unfair dismissal, promoting early conciliation and mediation, and simplifying compromise agreements. We have also called for evidence on TUPE and collective redundancies as part of our wide reforms.

[Brandon Lewis]

For many years, small and medium-sized enterprises in particular have felt that they are caught in the stranglehold of gold-plated red tape when it comes to growing and employing more people. Will the Minister give grounds for optimism to companies that want the freedom to employ more people and grow, particularly with reference to TUPE, which he mentioned?

[Mr Davey]

The Government’s strategy is to ensure that we are not gold-plating. I am sure that my hon. Friend will have been pleased that on 23 November we published a call for evidence on the TUPE regulations, which he mentioned. It is available on the Department’s website and I encourage all right hon. and hon. Members to respond.

[Mr Marcus Jones]

I recently met local business people at a constituency event sponsored by the Federation of Small Businesses, and they told me that they were apprehensive about taking on additional employees because of the culture of employment tribunals, to which employees can take even the most spurious claims without any personal risk whatever. What can the Minister do to address that issue, which, if tackled, would encourage more employers to take on extra staff?

[Mr Davey]

We have listened to both employer and employee concerns about the cost and complexity of going to employment tribunals, and believe that our reforms will make a positive difference to both parties. We have set out our conclusions and our response to the “Resolving Workplace Disputes” consultation. Critical aspects of our new approach include a major new emphasis on mediation and a new pre-claim conciliation service by ACAS, and, finally, a fundamental review of the rules and procedures is now being undertaken by Lord Justice Underhill.

[Julian Smith]

Compensated no-fault dismissal could be a great fillip to very small businesses and the employment market. Will the Minister outline the timetable for the Government’s call for evidence and reassure the House that he is completely open-minded on the policy?

[Mr Davey]

As my hon. Friend knows—the Chancellor announced this in the autumn statement—we will be publishing a call for evidence on the case for and against a new compensated no-fault dismissal for micros. The Government have an open mind on that, but we are especially keen to ensure that there are no unintended consequences. My hon. Friend will be mindful that the unfair dismissal law was introduced by a previous Conservative Government to improve industrial relations.

[Jim Sheridan (Paisley and Renfrewshire North) (Lab)]

As part of the sham review of employment legislation, has the Minister had any consultations with the trade unions or others who believe in effective employment legislation? If he has, what was the outcome? If he has not, why not?

[Mr Davey]

My right hon. Friend the Secretary of State and I regularly meet Brendan Barber from the TUC. People from the trade union movement widely responded to the “Resolving Workplace Disputes” consultation, and we have looked at those responses.

[Fiona O'Donnell (East Lothian) (Lab)]

The Minister will be aware that those who work with children and vulnerable adults can play a vital role in their protection. What is he doing to ensure that new employees, who often see problems with established bad practice, are protected if they decide to become whistleblowers?

[Mr Davey]

There is already whistleblowing legislation; I believe that it was passed by the previous Government. We would therefore advise employees in the situation that the hon. Lady describes to look at that.

[Ian Murray (Edinburgh South) (Lab)]

The Secretary of State and the Minister are obviously at loggerheads with Downing street over their proposals on changes to employment law, and have been forced to consult on no-fault dismissal. Lord Heseltine believes that such a measure would

“make life rougher and tougher for large numbers of people”;

Citizens Advice described it as a rogue’s charter; only 6% of SMEs consider employment law as a factor when employing people; and the Secretary of State himself has said that there was already a “reasonably good balance” between rights and flexibility in Britain. So why is his Department—the Department for no growth—trying to make it easier to fire rather than hire people?

[Mr Davey]

The truth is that the Government are making it easier to hire people. We understand the importance of fair, efficient and flexible labour markets. We will protect those because that is in our country’s interest. I should tell the hon. Gentleman that we are working very closely with colleagues across the coalition on all aspects of our employment law review. This coalition is more together than the Labour party was when it was in government.

[Dr Julian Huppert (Cambridge) (LD)]

3. When he plans to publish his innovation and research strategy.

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[Keith Vaz (Leicester East) (Lab)]

6. What recent steps he has taken to ensure that the liquidation of Bank of Credit and Commerce International is complete.

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Mr Edward Davey)]

My right hon. Friend the Secretary of State wrote to the BCCI liquidators about the progress of the BCCI liquidation earlier this year, following his meeting with the right hon. Gentleman. I understand that a closure plan has been published on the liquidators’ website at www.bcci.info. This website is updated as and when there are any developments in the liquidation.

[Keith Vaz]

It is now 20 years since the bank went into liquidation, in which time the liquidators, Deloitte Touche, its solicitors, Lovells, and other professionals have received £1.2 billion in fees. Will the Minister thank the Secretary of State for writing that letter and ask him whether he would be prepared to secure his place in history, or at least to act as Santa Claus to the victims of BCCI, so that finally this bank can be closed and the liquidators will cease to bleed it of the last remnants of its money?

[Mr Davey]

I think that my right hon. Friend already has his place in history. The right hon. Member for Leicester East (Keith Vaz) knows that the BCCI creditors have been repaid more than 85% of what they were owed at the outset of liquidation, and a final dividend—estimated to be about 3%—is expected to be paid in April or May 2012. He will also know that control of the BCCI liquidation is a matter for the liquidation committee, and ultimately the courts, not for the Secretary of State, and that the liquidators are trying to bring this long period to an end.

[Harriett Baldwin (West Worcestershire) (Con)]

7. What steps he is taking to assist unemployed people to start new businesses.

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[Naomi Long (Belfast East) (Alliance)]

T7. Northern Ireland is the only region where employment law is devolved, an anomaly that in the past has led to the Northern Ireland position being largely ignored in the formulation of UK policy both in the transposition of European Union employment directives and in national agreements. Will the Minister assure us that he will work with the Minister for Employment and Learning in Northern Ireland to provide a framework in which Northern Ireland interests can be addressed in any future developments in this area?

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Mr Edward Davey)]

The hon. Lady is absolutely right: our Department looks at the majority of employment law for the rest of Great Britain but not for Northern Ireland. However, I can assure her that officials from my Department are in regular contact with their counterparts in the Department for Employment and Learning in Northern Ireland. Examples of that include frequent conversations during the consultation on resolving workplace disputes, and close working between the employment agency standards inspectorate and the equivalent team in Northern Ireland. Indeed, we are currently working with it to understand the impact of the agency workers directive, and we will continue to do so.

[Mark Menzies (Fylde) (Con)]

T9. Will the Minister update me on what efforts are being taken to attract inward investment into enterprise zones such as that in Warton in my constituency?

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[John Pugh (Southport) (LD)]

Will the Minister explain how revising TUPE will actually create more jobs, as opposed to facilitating outsourcing?

[Mr Davey]

My hon. Friend will know that there are mixed views in the business community about whether or not the current TUPE regulations are gold-plated, which is why we have called for evidence. We have not published a consultation with specific proposals as we want to have evidence from all stakeholders, so that when we make our proposals in a future consultation they will be well evidenced.

[Mr John Denham (Southampton, Itchen) (Lab)]

May I draw the Secretary of State’s attention to the £150 million worth of entirely private investment that Associated British Ports wants to spend now to equip Southampton for the next generation of container ships? Instead of creating and supporting 2,000 or more jobs, this project is mired in red tape in the Department for Environment, Food and Rural Affairs and its agencies. Will he speak to his colleagues to try to get this vital project under way?

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[Mr Speaker]

Order. I think we have got the thrust of it.

[Mr Davey]

I am very grateful for my hon. Friend’s question. She will be aware that her constituents in this village share their concerns about postcode issues with many other residents in many other constituencies across the UK. I have raised this matter in the past with Royal Mail, and it believes that the costs of changing its systems would be disproportionate. Of course I will raise her point, but I do not want to raise her expectations.

[Jim Shannon (Strangford) (DUP)]

The responsibility to promote adult and community learning in Northern Ireland is a devolved matter. Has the Minister considered linking with Northern Ireland’s Department for Employment and Learning to provide a strategy for the mutual benefit of both the UK mainland and Northern Ireland?

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[Karen Bradley (Staffordshire Moorlands) (Con)]

I am afraid that I am going to take the Minister back to the issue of postcodes, as many of my constituents contact me with their frustrations about the very wide range of postcodes in Staffordshire Moorlands, which leads to problems with insurance, cold weather payments and the emergency services failing to find people. So would he be able to meet me and local representatives to discuss the possibility of creating and setting up a Staffordshire Moorlands postcode to deal with these problems?

[Mr Davey]

I am always happy to meet hon. Members and I am sure we can arrange that. Ahead of that meeting, however, I want to ensure that the hon. Lady and her constituents who will be accompanying her do not have raised expectations. Royal Mail is struggling with its financial position. We are turning around Royal Mail—it was a disastrous financial case when we had it from Labour—and, as Minister, I would not want to impose extraordinary and disproportionate costs on it. I shall certainly meet the hon. Lady, however.

[Chris Bryant (Rhondda) (Lab)]

The Labour Government introduced the artists resale right, which has made an enormous difference to many artists in this country. The law requires that it is introduced for the estates of deceased artists from 1 January next year. When I last asked the Secretary of State about it, he said that he could not confirm that it was going ahead and he still looks as bemused as he did then even though it is his responsibility, but the Arts Minister has told me that it will go ahead as long as I do not mention it to anybody else. Will the Secretary of State please now inform us exactly what is happening on the artists resale right?

[Mr Davey]

rose—

[Chris Bryant]

The Secretary of State.