Small Business, Enterprise and Employment Bill

Debate between Gordon Banks and Debbie Abrahams

Tuesday 18th November 2014 Commons Chamber

[Debbie Abrahams]

This group of amendments is seeking to address the very significant issue of businesses paying their suppliers late. Recent data show that the late payment debt burden for UK businesses is more than £46 billion, with SMEs shouldering most of this. They are owed nearly £40 billion in late payments and 60% of small businesses are affected, with the average small business owed over £38,000 in late payments.

It is getting worse: £36 billion was owed in 2012, so the increase over recent weeks and months can be seen. In other debates we have heard about the implications of late payments for these small businesses, from productivity to access to finance and credit terms—all these are affected. For these businesses, there is not just the inconvenience of spending an extra 158 million hours chasing payment: vital cash flow that is stemmed often affects their very survival, their jobs and their livelihoods. In 2012 it was estimated that 124,000 small businesses were put out of business directly as a result of late payments.

For me, it has been about the personal stories. My interest in late payments started when a constituent came to me and said that their business was going under directly as a result of this issue. This opened a can of worms, not just in my constituency but across the country. The issue of late payments is endemic. When someone describes how their life’s work has been destroyed by what can only be described as corporate bullying—large companies paying their bills late just because they can, because they have the power—it is clear that it is one of the most raw forms of injustice.

From the late payment inquiry held last year, it was clear to us that it is not just a micro-economic issue. With approximately half the work force and half the UK’s income in the private sector coming from small businesses—a massive £1,558 billion—it is inconceivable that late payment is not affecting the wider economy and, of course, a sustainable recovery. I am glad that the Government are tackling the issue; it has been a long time coming. I started my Be Fair—Pay On Time campaign in 2011 and now the Government are finally getting to grips with the issue, but I am afraid that the measures in the Bill do not go far enough. It is regrettable that in Committee the Government failed to support measures that would have seen small businesses automatically compensated for late payment by their suppliers. I hope that the Minister will reconsider and have a look at new clause 1 and the amendments.

New clause 1 seeks to address the issue of retention of moneys in the construction industry. You may be aware, Madam Deputy Speaker, that at any one time over £3 billion is outstanding in the construction industry by way of cash retentions. This is an aggregate sum of moneys provided for by small businesses in the event that they fail to remedy defects. I have several examples, including that of a company that wrote to me to say that £60,000 of retention moneys was withheld—5% of the overall contract—for eight months. There was nothing in the contract about that. They had to go through adjudication and it ended up with them losing £22,000. These are small businesses, and this is their livelihood.

[Gordon Banks (Ochil and South Perthshire) (Lab)]

Having worked all my life in the construction industry, I am very much aware of retention issues. My hon. Friend’s final point was valid. When it comes to negotiating retentions, it always comes to a compromise: people will always lose, as they will never come out with the £60,000 that they were owed. That is effectively their money going to somebody else’s pocket.

[Debbie Abrahams]

My hon. Friend speaks from experience. That is certainly the experience of many contractors, and we need to address it.

There is evidence that cash retentions have been used to shore up the working capital of local authorities and tier 1 suppliers. There is a key concern that if tier 1 suppliers become insolvent, the small businesses in the supply chain are at risk of losing their retentions.

I recognise that the Department for Business, Innovation and Skills has said in its construction supply chain payment charter that it wishes to abolish retentions by 2025. My new clause, however, is a stepping-stone towards that by requiring the publication of companies’ policies, practices and performance on retention moneys, reviewing this and subsequently making recommendations about further action to help secure and protect retention of moneys for small businesses—in trusts, for example.

The new clause is timely, with New Zealand considering the requirement for cash retentions to be taken in trusts, and New South Wales in Australia is currently reviewing regulations to that effect. The new clause would enable the Secretary of State to review published information and then issue regulations to ensure that these owed moneys are protected for small businesses.

Moving on to amendment 6, a key issue for small businesses has been the changes made to contract payment terms without negotiation or notice. My amendment recognises that and would require companies to include details of the “circumstances and process” by which payment terms may be amended in the company’s published payment practices and policies. This will prevent ad hoc and unilateral changes from being made to the payment terms, which have again affected the financial viability of so many small businesses.

Amendment 7 looks at the issues around public procurement practices. One major issue identified in my late payments inquiry was that late payment is a cultural issue. Large companies pay small companies late because they can, as I mentioned—they have the power and the small companies do not. We need to change these attitudes, and we need to view late payment as being as unethical as tax evasion. Changing public procurement practices, as identified in amendment 7, provides an opportunity to do so, first, by requiring public bodies to determine the “past payment performance” of potential contractors before any contract is entered into; and secondly, by making the contracts of tier 1 suppliers commit them to pay their suppliers promptly. All the way down the supply chain, there should be a commitment that payments will be made on time.

Although my next topic does not relate to my amendments, it relates to public procurement practices. A report came out today from the Walk Free Foundation on the subject of modern slavery. Although the UK is supported for what it is doing to combat modern slavery, it finds that we are not doing as much as Brazil and the US, for example, in addressing Government procurement practices to stop this happening. I know this is highly irregular, Madam Deputy Speaker, but I hope the Minister is listening so that he can respond and make clear how we will deal with this problem in future Government practices.

--- Later in debate ---

[Gordon Banks]

I am grateful to my hon. Friend for clarifying that point. I am prompted by a sedentary comment to say that my argument is not so much about an invoice being queried as about a customer saying that they have not received the invoice, or that it is lost, 30 days after they have had a statement listing all the invoices they should have received. Basic accounting practices are either not being carried out within the business, or they are being carried out but no regard is being paid to them, and the process is being used as a payment delaying mechanism.

I understand that some might see new clause 4 as another piece of red tape, but it is a piece of red tape that can be easily discarded and thrown in the bin if companies do not make late payments, so it does not have to be onerous at all. That brings me back to the point that my hon. Friend made: the new clause takes the onus off the small business. It is up to the larger paying business—the debtor—to ensure that the bill is paid on time, and if it is not, an automatic compensation payment is made on behalf of the company making a payment to the company receiving it. New clause 4 need not be particularly onerous in action at all. It will cause no problem to a good, organised, thoughtful company.

Banks are much less willing to provide business support than they were in 1986, and that is often a nightmare for small and medium-sized businesses, especially in the construction industry. The banks will say that they do not particularly want to be involved in the construction sector, which I find depressing and extremely strange. Every business that needs to expand requires the construction sector. Every Government project for infra- structure, housing, schools, roads, telecommunications or railways—anything of that nature—needs the construction sector. That sector is the most likely to lift us out of our current economic position and deliver an improvement to our infrastructure that is long overdue and long needed. It is a particular challenge to have a good business in the construction industry that is adequately financed and resourced in this day and age, and that is short-sighted and a crying shame. It is not helped by the failure of Project Merlin and the funding for lending scheme. General financing is relevant to new clauses 3 and 4, as it is because working capital is tighter these days that prompt payment has become a real issue.

[Debbie Abrahams]

Is it not also the case that late payment and issues around cash flow affect a business’s ability to access finance and the terms on which finance is made available?

[Gordon Banks]

Of course they do. Every £1,000 not received has an impact on whether a business can prove to a possible financial investor, whether that is a bank or anything else, that it is a responsible company with the processes and the people in place to take the business forward. It may well have the people and processes in place, but it may be being stymied by the Tuesday and Friday phone calls to try to get the money that is long overdue.

New clauses 3 and 4 are a step along the way to moving the responsibility to where it should lie, ensuring greater financial impact on those who make late payments, and naming and shaming those who are not signed up to prompt payment practices. I was looking at the prompt payment code website last night. I represent a Scottish constituency, so I did a search on Scotland and I found that 43 businesses there have signed up to the prompt payment code. That level of commitment is extremely questionable. There are hundreds of thousands of businesses in Scotland.

Economic Growth and Employment

Debate between Gordon Banks and Debbie Abrahams

Wednesday 23rd November 2011 Commons Chamber

[Gordon Banks (Ochil and South Perthshire) (Lab)]

I will bear in mind your comments, Mr Deputy Speaker.

The problem in a debate like this is where to start. I will start with what I want to see, which is business growth. Business growth delivers job creation, which in turn delivers tax revenues and growth for individuals, the importance of which we should not underestimate at any cost. The fundamental question that we are discussing is whether Opposition and Government Members believe that the Government can be a driver for growth. I and a number of my colleagues believe that they can be.

Why is this debate so important? It is important to my constituents because people in my constituency are losing jobs, and businesses in my constituency are going bust. The industry that I have been involved in since I was 18 years of age has been decimated by the Government. In Ochil and South Perthshire, 5.6 jobseeker’s allowance claimants are going after each job. I realise that that is by no means the highest rate in the UK. The number of JSA claimants in Ochil and South Perthshire has risen by 95% since 2006. The overall number of people in employment is falling. In the last year, 93% of constituencies saw a rise in their claimant count. That has been caused by the speed and depth of the cuts, and by the private sector not being able to keep up with them, just as the Opposition said would happen.

That is why we want the Government to do more to help UK businesses. Helping business helps employment. The Government have cut capital budgets by 11%. Because their deficit reduction plan is failing, they will have to borrow more to pay for unemployment and to cover falling tax revenues. That is the backdrop that has led to this debate. The Government should listen hard to what is said by my colleagues on the Labour Benches.

As I said, I have been in the construction industry all my life. I remain involved in that business today. In the time that I have left, I will talk about what the Government can do and should be doing to help the construction industry. It is my view that the construction industry gives a measure of the economy as a whole. It is of the private sector, but it needs the public sector and the private sector to survive. If businesses want to expand, they need the construction industry to do so if they need premises, transport networks or communication infrastructure. If the construction industry is on its knees, the country is on its knees. The Government need to grasp the fact that every pound spent in the construction industry generates £2.83 in the wider economy. That point is not disputed.

The Opposition’s five-point plan would benefit the construction industry from point one through to point five. I will focus on one or two of the points in the short time that I have left. Bringing forward investment projects to get the industry working again would regenerate our infrastructure, allow future growth and give skills to individuals.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I wonder whether my hon. Friend wants to comment on the call of the International Monetary Fund for a global growth compact, which supports exactly the initiative that he is suggesting. It says that there must be infrastructure development in the west—not just this country but the whole world—to recover from this economic downturn.

[Gordon Banks]

I agree with my hon. Friend. If we do not get our infrastructure right, we will not be in the position that we want to be in when things move forward and we will be disadvantaged. I ask the Government not to look solely at big individual projects when they are trying to regenerate the economy. We need local and regional regeneration and investment in local and regional infrastructure.