Enterprise Bill [ Lords ] (Seventh sitting)

Jessica Morden Excerpts

Thursday 25th February 2016 Public Bill Committees

[Kevin Brennan]

My hon. Friend is right. Exclusions have been made for those who serve our country, and I think these workers also serve our country in what they do—which is, as she said, difficult, technical and sometimes dangerous work.

[Jessica Morden (Newport East) (Lab)]

I commend my hon. Friend for the argument he is making in support of Magnox workers. Those workers include a constituent of mine, who rightly pointed out not only that she was extremely shocked to find herself included in these redundancy terms but that, if we change people’s terms and conditions at this stage, the industry is very much threatened by losing the vital skills we need to do this decommissioning work.

[Kevin Brennan]

I said earlier in the Committee that Government Whips should be seen but not heard, but of course that convention does not apply to Opposition Whips in Committee, as all Committee members will know. That is particularly useful, as it allows my hon. Friend to raise a constituency issue of such direct importance to what is under discussion. I am sure her constituents will take note of what she is doing in the Committee to defend their interests.

As I said, these companies are in a unique position. They are mostly engaged in managing the safe closure of nuclear facilities, which is a hugely important task that is very difficult to manage. By its nature, it involves working towards a specific end date, at which point the employees will in effect make themselves redundant. They are in a particularly different category. To get someone with the necessary skills to commit to that task when they are in, say, their early or mid-30s, we need to ensure that they know they will be provided for if they successfully complete their task by the time they reach their mid to late 50s, when finding re-employment in a similar role with their skills would be potentially very difficult.

As we have heard, if these companies cannot afford the packages necessary to compensate someone for the loss of their role when their task is completed, the companies will find it extremely difficult to prevent these highly skilled workers, who were mobile in earlier parts of their career, from simply leaving. That, in itself, will ultimately drive up the costs and risks associated with decommissioning and exacerbate an already difficult skills shortage in the industry.

Legislating now, as the Government are doing, to override long-standing arrangements in the nuclear sector where the employees involved have kept their end of the bargain faithfully, is pretty unconscionable in my opinion. How can it be right that workers who have stayed with a company to deliver successfully the safety commissioning of a site see their promised redundancy compensation reneged on by the Government when it is due to be paid?

The Treasury justification for applying the cap to the employees of those companies, as I understand it, is the old chestnut of the Office for National Statistics judging them to be publicly controlled. That technical, statistical designation, however, does not mean that applying the cap to those workers is either fair or necessarily value for money for taxpayers in the long term. It is unfair unilaterally to strike down agreements between companies and their employees. It will drive up overall costs for decommissioning as recruitment and retention in the relevant sectors take a hit. There is also no proof that taxpayers will receive any benefit, as the private operators of the companies often receive higher incentive payments under their contracts as a result.

Unless the Government decide to act on this, and I hope they do, employees in the sector will note that when it comes to pension provision and other issues the Treasury has excluded them from the public sector, but it considers them within scope for the cap in the Bill. Proceeding with imposing the cap on the employees of those companies will store up significant industrial relations issues. One can only guess how they will feel —actually, we do not have to guess, because we know from the evidence that we have received, which I will come on to in a moment. How will they feel when they discover that the Secretary of State considers them to be fat cats requiring legislation to limit their payments, even though they are employed by the private sector, while the Government absolutely reject any limit on anyone working in the banking sector? Why is a privatised banker not given the fat-cat treatment by the Secretary of State, but nuclear decommissioning workers are? Yet again it seems to be up with the bankers and down with the workers with this Government. What a shocking value-free zone the policy is, if the Government stick to it and do not accept that they have got it wrong and should support our amendment.

We have received strong representations from Magnox workers and from the trade unions that have represented them so ably. Other companies in the sector are covered and they are referred to in new schedule 3. For the record and for the sake of inclusivity in my remarks I will name those included in the new schedule: Sellafield Ltd, Westinghouse Springfields Fuels Ltd, Magnox Ltd, National Nuclear Laboratory, International Nuclear Services, Atomic Weapons Establishment Ltd, Low Level Waste Repository Ltd, Dounreay Site Restoration Ltd, RSRL Winfrith and RSRL Harwell. Note that none of those companies is called Fat Cats Ltd.