Apprenticeships Funding

Jim Cunningham Excerpts

Tuesday 1st November 2016 Westminster Hall

[Mr Lammy]

My hon. Friend is absolutely right. I say to the Government, “Put your money where your mouth is for the great young people of cities such as Birmingham.” That is what this debate is about.

[Mr Jim Cunningham (Coventry South) (Lab)]

I congratulate my right hon. Friend on securing this debate. He has been pursuing this subject for a long time. Our hon. Friend the Member for Birmingham, Erdington (Jack Dromey) raised a real question about the Government’s boasts and commitments to west midlands manufacturing. They have made great play of manufacturing, but in Coventry, for example, further education funding has been cut by 24%. That raises serious questions.

[Mr Lammy]

My hon. Friend is absolutely right. Services now account for 80% of this country’s economy. If we are to build manufacturing and have young people who are able to construct wonderful buildings such as Coventry cathedral, which was levelled during the war, we need apprentices.

Higher Education and Research Bill

Jim Cunningham Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Tuesday 19th July 2016 Commons Chamber

[Justine Greening]

I am sure my right hon. Friend is right.

[Mr Jim Cunningham (Coventry South) (Lab)]

rose—

[Justine Greening]

I will make a bit more progress, because I recognise that many hon. Members want to contribute to this debate. I will give way in a second, but it is important that I briefly set out for the House how the OfS will be able to act when students and taxpayers are not well served. When there are grounds to suspect a serious breach of a provider’s conditions of registration or funding, the office for students will have the power to enter and search a higher education provider, subject to the crucial safeguard that a court warrant must be obtained first.

[Mr Cunningham]

rose—

[Justine Greening]

I will give way to the hon. Gentleman because he has been trying to catch my eye, but I must then try to make some progress on this long Bill.

[Mr Cunningham]

I have two universities in my constituency. What did the Secretary of State mean when she said that other institutions can share in these changes? I was not clear what she meant.

[Justine Greening]

I was talking about the changes to degree-awarding powers. For institutions that may currently feel they cannot go down this route because it is simply too complex and long-winded, we will open up the sector to enable great institutions to step up to become, over time, an institution that awards degrees directly and then for excellent institutions to become, after a further three years, a university. This is important for Britain. If we are to be a country in which our young people have the number of places they want at high-quality institutions, with the range of different degrees that they want and that our economy needs, it is important to have a higher education sector that can respond and that is what the Bill seeks to address.

The Bill enables the OfS to require registered higher education providers to have a student protection plan in place. Students will want to know what to expect from their providers if their course of study cannot be delivered. Although some providers currently have student protection plans, the new requirement means that students of all registered providers will be protected.

This Government believe that no one with the necessary ability should be denied a place at university. That is why, for the first time ever, we are providing direct financial support for those undertaking postgraduate masters study. We also intend to extend direct financial support to postgraduate doctoral study and to introduce part-time maintenance loans comparable to those we give to full-time students.

The Bill will make significant improvements to higher education and research, but let me reassure the House that none of these changes will be delivered by undermining other routes into highly skilled employment. We are committed to creating 3 million apprenticeships by 2020, and the Government recently launched the skills plan, which is our response to Lord Sainsbury’s independent review of technical education, setting out an ambitious overhaul of the post-16 skills system. Taken as a whole, those changes will allow young people to make well-informed decisions about their futures, giving them every opportunity to achieve their potential and, at the same time, improving the quality, relevance and value of learning.

I have talked a lot today about teaching and students, but the UK is also a world leader in research and innovation. Established and emerging economies alike look on in envy not just at the quality and breadth of our research, but at our incredible track record of turning innovative ideas into life-changing, marketable products and services. The Government are protecting science resource funding at its current level of £4.7 billion, which will rise in cash terms every year for the rest of the Parliament. At the same time, we are investing in new scientific infrastructure on a record scale, delivering on the £6.9 billion science capital commitment in our manifesto.

Few people understand the research landscape better than the Nobel prize-winning geneticist Sir Paul Nurse. Aside from being an inspirational example of how social mobility can happen in our country, last year he completed an independent review of our seven research councils, recommending that the seven existing bodies be brought together into a single body. The Bill will make his recommendation of

“a formal organisation…which can support the whole system to collectively become more than the sum of its parts”

a reality.

--- Later in debate ---

[Mr Carmichael]

I do think it important to attract people to the NHS. I think that today we should be concentrating on the Bill as it stands, but our Committee will certainly consider that issue in due course.

Let me return to my point about social justice and the need to extend it to all, because that is critical. In particular, we need to extend it throughout the country, to regions, areas and localities that have, in effect, been surrounded by a wall: a wall against hope, a wall against opportunity, a wall against achievement.

That leads me to my second key point. The Bill is also about productivity, because that is a critical issue as well. A society in which people can feel included, feel able to express themselves, and feel able to get the jobs and opportunities that they want must be a society that is also based on an economic, productive model. Productivity equals more opportunity, because it means people having more skills, being able to command a higher salary, and being able to do things that they could not otherwise do—so the productivity argument is at the core of why we have to improve our university sector in the way this Bill seeks.

[Mr Jim Cunningham]

Does the hon. Gentleman acknowledge that productivity is also linked to research and development, in particular R and D projects with Europe? There is a concern. The vice-chancellor of Warwick University thinks that withdrawal from Europe might have an impact on some of the projects it gets finance for. Will the hon. Gentleman’s Committee look at that, or has it already looked at that consequence?

[Neil Carmichael]

I thank the hon. Gentleman for his intervention. It is essential that we have R and D, and if we look at the comparators between ourselves and other countries that we are competing with we find some areas where we could and should be doing better—so the hon. Gentleman is absolutely right.

I want to make a point about productivity. The important point about the German economy, which according to the OECD is 28% more productive than ours, is that businesses, companies and professions understand that human resources—people—are the things that really matter. I shall give an example to show how I know that. I once went to a car factory in Lower Saxony, east Germany. It had been built from the ashes of the collapse of the communist regime, and it was producing Porsche cars. I asked the factory manager what the supply chain looked like, and he said, “I can show you”. He showed me the typical things from Bosch and Pirelli and all the rest, but colleges and universities—people—were also part of the supply chain. That is a very important point, because it shows that if we are really going to be productive and drive through the growth we need, we must consider the human resources. In making sure that we do so, this Bill is a huge step in the right direction.

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[Carol Monaghan]

I agree 100% with my hon. Friend. Diversity in our institutions and what we learn from overseas students enrich the experience for all students in higher education.

International students who are considering a move to a UK university could view an English university with a strong TEF rating as offering a better experience than a Scottish university with no TEF rating. Since the TEF will be grounded in quality assurance scores, and given that Scotland has a distinct quality assurance system, recognition of Scotland’s enhancement-led institutional reviews, and benchmarking those reviews against TEF ratings, would allow institutions in Scotland to continue to compete on a level playing field when attracting international students.

It is important to exercise caution around the use of metrics to judge quality of teaching. Certain metrics—graduate salary or student satisfaction, for example—can drive university behaviour in a negative way, as higher education institutions are incentivised to sacrifice certain subjects in favour of areas that produce more positive results in the criteria being measured. Courses that are more challenging and perhaps score lower in student satisfaction metrics—for example, vital STEM courses—could end up being dropped because they do not measure well on the TEF metrics. If metrics are to be used, it is important for our economy that they are carefully honed to ensure that the degrees being taken and the skills developed still meet the overall needs of society.

We should view with caution the drive towards marketisation of the student experience. Giving the power to award degrees to new untested providers on day one is a concern if there is no clear mechanism to ensure that those providers have a track record of delivering quality courses to students. Plans that assist the entry of “for profit” providers and award them with the title of “university” will be damaging as the UK competes internationally for students. Perhaps most importantly, those new institutions, which often have no record, will compete for significant numbers of students while allowing them to cherry-pick profitable courses.

[Mr Jim Cunningham]

I am sure the hon. Lady knows that the National Union of Students is concerned about what we call the creeping privatisation of the university service. We could end up with a situation like the mess we have in the national health service through privatisation by the back door.

[Carol Monaghan]

All SNP Members share that concern, and we should be worried about the move towards privatisation of the university system.

Courses that are more expensive to deliver—again, I mention STEM courses—will be left to traditional higher education institutions that will either bear that financial burden alone or, worse still, will abandon some of the courses that have earned the UK its worldwide reputation for excellence in that field. New institutions will be allowed to operate without providing services such as libraries or student unions, which are a key part of the student experience at university. Indeed, the Bill permits competition not on equal terms with existing universities, but on substantially reduced terms. The only assumption one can make is that the new providers will put profit before students.

The Government have outlined two models, and with the “low” fee cap of £6,000 we will have universities that potentially offer lower quality provision. At the other end of the scale, the higher fee of £9,000 can further rise with inflation. Where teaching is high quality, that is recognised as a strength of an individual course, not of an institution, yet fees will be the same for all courses in an institution. Creating a system that assesses the quality of a whole institution and allows it to raise the fees for every course based on that assessment when the quality of teaching will vary across departments, is unrealistic. It will create a framework in which students could study courses of lower quality at an institution that was judged to provide “generally” high quality, yet they would, unfairly, be charged higher fees for poor-quality degrees.

Trade Union Bill

Jim Cunningham Excerpts

Ping Pong: House of Commons
Wednesday 27th April 2016 Commons Chamber

[Mr Anderson]

This is supposed to be about modernising —that is the word the Minister used—ballots, but it is really about trying to limit people’s ability to take strike action. Let us be honest: he knows that if electronic balloting was allowed, the turnouts would go up, way beyond the limits set out. The lights have come on in the Conservative party and it has realised that it has set itself a trap and walked into it. In a situation where the Government are trying to stop people being able to take industrial action by setting ludicrous limits, they have set a precedent and had a debate that says, “If you are genuine, let us have as many people participating as possible.” Let us look at the history on this issue. In the 1980s, the Tory Government tried to control the right of people to take legitimate industrial action under the law and were told, “If you do away with workforce ballots, you will reduce the turnout.” The facts and figures have proved that for more than 30 years; the average turnout in workplace ballots was 80% but now if you get 40% you are doing well.

The proposals on facility time show the real ignorance of the Conservative party, tied to its arrogance; it just does not know what goes on in the workplace. Let me give two examples. In 1986, I spent every day for a fortnight visiting a man in hospital, 30 miles away from his workplace. He had been buried under 50 tonnes of coal and ultimately died, and we did not take evidence from him; we took what was used in a coroner’s case. Five years later, I was working for Newcastle City Council, encouraging home careworkers who had worked themselves into an early grave. I was saying, “Look, it is really in your interests to leave work on ill-health retirement agreements.” They would not talk to personnel officers because they were frightened of that sort of authority figure, but as a local trade union representative I was able to convince them it was the right thing for them to do and for the authority to do. We saved having to give people compulsory redundancy and we were helping to manage the system. Under what is being proposed now, the likes of me will no longer be there. There will be some clerk filling in forms to send down to London for a clerk there, and there will be thousands of these things. This really has to be stopped. It is nonsense and it should be thrown out.

[Mr Jim Cunningham (Coventry South) (Lab)]

My hon. Friend and I know, as does anybody who has been involved in these things, that for the past 50 or 60 years every Tory Government manifesto has had a clause attacking the trade unions. He referred to facility time, and the proposal shows how inexperienced Ministers are on industrial relations. Any major employer welcomes facility time as it saves them a lot of money in the end.

[Mr Anderson]

My hon. Friend is absolutely right about that. If instead of talking to the TaxPayers Alliance to get information, the Government had spoken to any reasonable employer in this country or any trade union that deals day in, day out with this, they would have got a picture of the real story, not just some made-up attack on the trade union movement, which is what this is really all about.

National Living Wage

Jim Cunningham Excerpts

Monday 18th April 2016 Commons Chamber

[Simon Danczuk (Rochdale) (Ind)]

It is a pleasure to follow the hon. Member for Bradford South (Judith Cummins). I thank the hon. Member for Mitcham and Morden (Siobhain McDonagh) for helping to secure this vital debate, and I hope that she gets well very soon.

Britain certainly deserves a pay rise. It has been due one since 2010. If we listened to the rhetoric from the Government, we might be forgiven for believing that the new national living wage would end all the problems of those who are struggling to make ends meet. We have heard the radio adverts in which countless actors with differing regional tones deliver sonnets about what the new national living wage entails for them. In reality, this is not a real living wage—far from it. Although many will receive a step up, some in our society will face an uphill challenge from 1 April. As chair of the all-party group on small shops, I have spent the last couple of months talking to business owners, who fear that the increase in their wage bill will be the final nail in the coffin, because they will simply not be able to meet those costs. I will come on to some of the points raised by the hon. Member for Shipley (Philip Davies).

There were some promising features in the Budget on business rates, aimed at small businesses. From April 2017, small businesses will either be taken out of the rating system completely or have a smaller burden to pay. However, 2017 is the key point.

[Mr Jim Cunningham (Coventry South) (Lab)]

The hon. Gentleman mentioned the Government’s new measures on business rates. I do not know whether he is aware of this, but some local authorities may lose out because of that. In other words, it may cost them more.

[Simon Danczuk]

The hon. Gentleman is absolutely right. That is a real concern for local authorities, and there is disparity across the country. That is a good point.

The other point about business rates is that there is an issue with the fact that the relief will not be introduced until 2017. Small businesses will struggle for a whole year before they receive the relief that is in the Budget. As I have already mentioned in this Chamber, the retail business rate relief grant has been stopped this year for small business owners as well. Small businesses employ 35% of the nation’s workforce, but they employ more than half of those who are on the minimum wage. From 1 April, small businesses will be dealt a double whammy of increased wage bills and a reduction in support from business rate grants. They will be under real financial pressure for a whole year.

[Simon Danczuk]

I am going to make a little bit of progress. Larger retailers will be able to offset their costs by reducing the benefits that they pay out, such as Sunday pay, as we have seen from the examples that the hon. Member for Mitcham and Morden has raised in the media recently. Smaller businesses will have to put up prices, slow recruitment or perhaps downscale their operations. Some will have to shut down because they are unable to shoulder the costs until 2017 after having struggled for years. The truth is that the new national living wage should have coincided with the changes to the business rate system.

Next I want to mention the pressures facing the social care sector, which has faced a wave of pressure from the Government over the last few years. We have heard much recently about the social care precept, which enables councils to raise council tax by 2% to pay for care costs. Senior members of Rochdale Borough Council have told me that with the introduction of the national living wage, the precept will provide very little extra funding, if any. Poorer areas such as Rochdale—this is similar to the point made about business rates—will raise only just over £1 million from the precept, because of the council tax bands of the properties in the borough. Even the Conservative-led Local Government Association has warned that the national living wage will put adult care services at breaking point.

The new change is even more worrying in view of the fact that many in the care sector are not even paid the minimum wage. Work by Unison has shown that pay structures, such as not paying travelling time, mean that those who care for our elderly loved ones are not being paid for the vital work that they do. If we want to give careworkers the wage that they deserve, it must be adequately funded. They are some of the most hard-working people, and they deserve to earn at least the minimum wage. Unless the appropriate funding is in place, that simply will not happen.

[Mr Jim Cunningham]

I was not referring to the living wage, as such. I was talking about the cost to local authorities of the change in the business rates. Some local authorities will lose out on this.

[Simon Danczuk]

I understand that point, and I agree with it completely. Britain deserves a pay rise, not some public relations stunt from a Chancellor who is obsessed with political strategy. An increase in the minimum wage must be done properly, and small businesses must be helped so that they can afford it. Most importantly, it must enable individuals to support themselves. The minimum wage remains a great Labour triumph. By the look of things, we will need a Labour Government once again to give Britain a proper pay increase.

Schools White Paper

Jim Cunningham Excerpts

Wednesday 13th April 2016 Commons Chamber

[Lucy Powell]

My hon. Friend makes an extremely good point, which I will come on to make myself shortly.

[Mr Jim Cunningham (Coventry South) (Lab)]

Does my hon. Friend agree that the proposal could lead to more school closures in the public sector? More importantly, we might face difficulties recruiting teachers. The £1.9 billion could have been better spent on public services rather than on an ideological argument.

[Lucy Powell]

My hon. Friend echoes the concerns raised by the NAHT union in a memo it sent this morning to all MPs.

The Tory obsession with school structures has completely missed the point. Just as there are some excellent academies, there are some excellent community schools. There are also some poor academies and some poor community schools. No type of school has a monopoly on excellence. We need to build an education system that provides an excellent education for all children, rather than pitting one type of school against another. Nearly a month has passed since the Chancellor made the announcement, but we have yet to hear any answers to the question “Why?” When schools that want to become academies can already do so, as my hon. Friend the Member for Denton and Reddish (Andrew Gwynne) has said, and when schools that the Government deem to be failing or coasting can already be put into an academy chain, why force all others? This is not about school improvement, nor is it about autonomy and freedoms. The multi-academy trust model is in its infancy, and real questions are emerging about accountability, probity, capacity and, for some, standards.

Oral Answers to Questions

Jim Cunningham Excerpts

Tuesday 2nd February 2016 Commons Chamber

[Mr Jim Cunningham (Coventry South) (Lab)]

5. What estimate he has made of the likely change in the number of adult learners between 2016 and 2020.

[The Minister for Skills (Nick Boles)]

Overall funding for adult learners will increase by 30% in real terms between 2016 and 2020. As a result, we expect to see many more adults taking advantage of the opportunities presented by apprenticeships and further education courses.

[Mr Cunningham]

I have received a number of representations from local colleges in Coventry worried about their future because of budget cuts. What assurances can the Minister give them that funding will be maintained?

[Nick Boles]

I am delighted to be able to reassure the hon. Gentleman that, while concerns were indeed expressed to us in a debate in this House about the possible threat of such cuts, the Chancellor did not cut funding for adult learners in the spending review. In fact, he increased it. As I said, by the end of this Parliament, it will be 30% higher in real terms and at its highest level in cash terms ever in our history.

Student Maintenance Grants

Jim Cunningham Excerpts

Tuesday 19th January 2016 Commons Chamber

[Mr Jim Cunningham (Coventry South) (Lab)]

Much of what I want to say has already been covered by Labour Members, but taking an overview it strikes me that we are going back to the 1980s. This Government, like all Conservative Governments, have picked up where they left off. There is an agenda here. They are using the deficit as an excuse, not a reason, to take the country backwards.

Much has been made of the 3 million apprenticeships the Government talk about creating, but not much has been said about cuts to further education. Some further education colleges may close, so those 3 million apprenticeships will be under threat because students will not be able to get the facilities they want.

I want to pick the Minister up on the point about his manifesto. He said this was part of the manifesto. We will give him the benefit of the doubt, but it did not say there would be cuts to university grants and it did not say there would be cuts to bursaries. That was the point the Minister seemed to skate over in his speech.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

Casting our minds back to over 10 years ago, the Labour Government capped fees at £3,000 and reintroduced maintenance grants. The third element was bursaries from universities. Does my hon. Friend agree that we should look very carefully at this direction of travel and ask the Minister to make it clear that bursaries are not the next target?

--- Later in debate ---

[Mr Cunningham]

I agree wholeheartedly with my hon. Friend. On the subject of bursaries, we had a debate last week about nurses. We have a shortage of nurses in the NHS, yet we are not doing much to encourage young people to enter the nursing profession. We are in danger of creating what was called the Thatcher generation—the lost generation—of the ’80s, because young people always seem to be at the butt end of the Government’s policies.

The regulations will affect the west midlands economy, whether the Government accept it or not. They have talked about the west midlands powerhouse, but that relies on highly skilled labour. They have boasted about Jaguar Land Rover being one of their successes, but it was the Labour Government who encouraged Tata to invest in Jaguar Land Rover. The latter is now short of highly skilled labour. The impact of the Government’s measures will result in a lost generation and, in the longer term, affect the British economy. We are going back to the rationing of education, which we put right when we entered office in 1997.

I have the privilege, along with my hon. Friend the Member for Coventry North West (Mr Robinson), to represent two of finest universities in this country, if not the world; they are world-renowned. That can have an impact locally and around the country in encouraging students to study different disciplines. However, the measure before us will have a major impact on higher education and affect Coventry’s economy, the west midland’s economy and the national economy.

Oral Answers to Questions

Jim Cunningham Excerpts

Monday 30th November 2015 Commons Chamber

[Mr Jim Cunningham (Coventry South) (Lab)]

Will the Minister for Schools meet me to discuss funding for the new Ernesford Grange school in Coventry?

[Mr Gibb]

I am very happy to have such a meeting.

Women and Low Pay

Jim Cunningham Excerpts

Wednesday 18th November 2015 Westminster Hall

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I beg to move,

That this House has considered women and low pay.

The work that women do is crucial to the functioning of society, but their pay does not reflect that. Despite the fact that their qualifications are as good as, or better than, men’s, their skills are not rewarded to the same level as men’s, and their career progression is slower. We need to ensure equal pay for work of equal value.

This subject is vital for millions of women, and for their families and employers. Living on low pay means that women do not have enough money to give their children nutritious food, let them go on a school journey or take them on holiday. It means not being able to escape a violent relationship, losing much of their pay on the cost of fares to and from work, and not being able to save enough to cover even minor crises, such as the washing machine or car breaking down.

Forty-five years after Parliament passed the Equal Pay Act 1970, we are still to achieve equal pay. Forty-five years later, a 19% gender pay gap still exists. That is 3% higher than the EU average, despite the figure having reduced by a third under the last Labour Government.

When talking about women and pay, we often focus on high-paid jobs and the lack of women occupying positions in FTSE 100 company boardrooms. It is important to ensure that women have career progression, especially when the TUC has reported that the pay divide between men and women is nearly 55% among top earners.

[Mr Jim Cunningham (Coventry South) (Lab)]

I congratulate my hon. Friend on securing this Adjournment debate. She is right: equal pay issues have been around for about 50 years—it is 45 years since the Act was introduced—and that is far too long in my book. More importantly, when women on zero-hours contracts apply for tax credits, they cannot get them, because they are not in steady employment. What does my hon. Friend think about that? Equally, women are discriminated against when it comes to pensions, because a lot of them spend most of their lives being housewives.

[Ruth Cadbury]

My hon. Friend is absolutely correct: this is about not just the low pay women receive, but the interconnection with zero-hours contracts, the benefits regime, tax credits and, of course, pensions, because a working life on low pay means a retirement on a low income.

Although the pay gap among top earners is nearly 55%, we also need to ensure, as my hon. Friend said, that we address women’s pay at the other end of the spectrum, among those who are stuck in low-paid minimum wage jobs, who are, too often, on a zero-hours contract. Indeed, the majority of low-paid workers are women, and three in five minimum wage jobs are held by women.

Every major piece of legislation that has improved the lives of women has been introduced by the Labour party. From the National Minimum Wage Act 1998 to the Equality Act 2010, Labour has always been at the forefront of the fight for equality. The Government certainly know how to talk the talk on equality, and the Prime Minister pledged to end the gender pay gap “within a generation”, but with 85% of Government tax and benefit cuts hitting women, Ministers are giving with one hand and taking from women with the other.

--- Later in debate ---

[Ruth Cadbury]

My hon. Friend is right. Children growing up in poverty do not have the same advantages and opportunities as many in their peer group. We cannot have a situation in which the adults of the future are not able to develop as they should in an equal, fair society.

Among examples discovered by the TUC of how brazen companies can be when they employ women was an advertisement in Wales for two seasonal roles—Santa Claus and Mrs Claus. Santa was to be paid a fair wage of £12 per hour, while Mrs Claus was paid the national minimum wage of £6.70 per hour. There was no difference in their job descriptions, and they both did the same amount of work, but the woman’s role was deemed to be of less value. That may seem like an interesting one-off, but it perfectly demonstrates how differently men’s and women’s work is valued 45 years after the implementation of the Equal Pay Act 1970.

Occupational segregation and the devaluing of work traditionally carried out by women, such as caring, directly contributes to the gender pay gap. That must be tackled and the Government must do more to diversify the labour market. As I have said, UK women earn on average 91% of what men earn. To put it another way, as of 9 November, just over a week ago, women are effectively working for free for the rest of the year. That is simply not acceptable in the 21st century. Progress has not been quick enough. Under Labour the gender pay gap reduced by a third—a trend that has, I admit, since continued; but while the gap has narrowed for full-time workers, it has widened for part-time workers and we must not be complacent.

[Mr Jim Cunningham]

My hon. Friend is very generous in giving way. It is difficult to see how Government policy can narrow the pay gap in the public sector when wage increases are held at 1%. Will my hon. Friend comment on that?

[Ruth Cadbury]

The public sector is in particular difficulties, but the reason for that is the incredibly tight constraints on its budgets. Having been a local authority lead member, I know the pressure and how difficult it is to juggle overdue pay increases and the need to retain jobs wherever possible, particularly in such vital sectors as social care.

The gender pay gap affects women from the day when they start work, and for the rest of their lives. Forty-five years after the passing of the Equal Pay Act 1970, we still have that gap. Earlier in the year Labour called for a new equal pay Act, acknowledging that the current one has simply not prevented inequality between genders. Indeed, the current Act puts responsibility for enforcing equal pay on women, by allowing a woman to take her employer to a tribunal, rather than making it a collective responsibility. Going to an employment tribunal is a difficult process, and it is now a costly one. First, the employee must be a member of a trade union if she cannot pay for a lawyer or represent herself, and many people are put off at that stage. However, if an employee is successful, the tribunal will instruct the company to do an equal pay audit; but how many women even get to that stage? Yesterday I participated in a Parliament outreach initiative on Twitter, and there was some debate. Women talked about their experiences, and many said they would not challenge an employer, even if they thought they were being paid less than their male counterparts. They feared being sacked. One woman said that equal pay audits might be useful, but that she feared many women would

“stay silent for fear of losing their jobs”.

The Government cannot simply point to the existing measures and say they are tackling the gender pay gap, when people do not have access to the tools that are provided. More needs to be done to make the tribunal process accessible, and to give women the confidence to challenge their employers about fair pay. There is also a need to move away from putting the responsibility on the employee to fight for equal pay, and towards collective responsibility. That is what Labour argued for at the beginning of the year. It is impossible for a woman to demand equal pay if she does not know what her male counterpart is earning. An equal pay audit should come at the beginning, not the end, of the process.

Where can we go next? In July, the Prime Minister proclaimed that he would end the gender pay gap in a generation. I welcome any efforts to address the hopeless situation we are in, but we need more attention paid to women on low pay, rather than simply focusing, as I fear the Prime Minister may have done, on women in highly paid jobs. I recognise recent efforts to address the pay gap between men and women, which are commendable. Legislating for companies that employ more than 250 people to publish the difference between men and women employees’ pay is a good way to push companies to pay men and women equally, to avoid embarrassment and public naming and shaming. However, traditional women’s employment in the five Cs—clerical, catering, caring, cashiering and cleaning—is often in smaller companies, which will not need to publish that information.

We must also acknowledge the need to address not simply the discrepancy between wages but the value of women’s work. The Government need a strategy to boost the esteem and pay of the jobs typically undertaken by women. Raising the minimum wage by the end of this Parliament and rebranding it does not fool me, or those women working for wages below the true living wage—the wage calculated as enough to live on. Cutting tax credits for millions of working families does not fool them either. The Government may talk the talk on equality but, while 85% of their tax and benefit changes fall on women, the cuts agenda compromises any chances of improvement for women on the lowest pay.

--- Later in debate ---

[Colleen Fletcher (Coventry North East) (Lab)]

I congratulate my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury) on securing this important debate on a subject that affects women in every constituency the length and breadth of the country, my own included. I intend to keep my contribution brief, focusing on low pay in Coventry and the impact on women locally.

Nearly one fifth of all jobs in Coventry, equivalent to 26,000 roles across the city, paid less than the living wage last year. The majority of those low-paid jobs are concentrated in sectors and roles within the labour market that are overwhelmingly dominated by women, such as care assistants, cleaners, caterers and those working in the leisure and service industry. Although we know those types of job are crucial and help to hold the fabric of society together, they are all too often part time and low skilled, with few progression opportunities.

[Mr Cunningham]

My hon. Friend will be as aware as I am that Coventry was one of the leading authorities in implementing the living wage. More importantly, she mentioned that carers are among the lowest paid. If a carer wants to go to a tribunal without trade union support—I have seen cases of this—on average it costs £1,200, and most carers cannot afford that. That is a direct result of this Government’s policies.

Trade Union Bill

Jim Cunningham Excerpts

Tuesday 10th November 2015 Commons Chamber

[Chris Stephens]

I rise to speak to amendments 15 to 22, 14, 34 and 31 to 33 in my name and those of my hon. Friends, as well as to new clause 10, with which I will begin my remarks.

Before I do so, I want to pay tribute to the hon. Member for Cardiff South and Penarth (Stephen Doughty), who led for the Labour party in the Public Bill Committee with great diligence. I welcome the hon. Member for Cardiff West (Kevin Brennan) to his place. I also pay tribute to the Conservative members of the Committee, who tried to defend the indefensible. I pay tribute to Labour members of the Committee, the hon. Members for Newport East (Jessica Morden), for Cardiff Central (Jo Stevens), for Gateshead (Ian Mearns), for Middlesbrough South and East Cleveland (Tom Blenkinsop) and for Sunderland Central (Julie Elliott). However, the star of the show—she made the soundbite of the Public Bill Committee—was my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron): she commented that the Minister had presented the Bill with great moderation but was entirely disingenuous.

New clause 10 is a catch-all amendment that limits the extent and provisions of the Bill from applying to the public sector across the UK without the consent of the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly, the Mayor of London and other public bodies and local authorities in England. We took the view that, to protect our approach of working in partnership with unions, Scotland should be excluded from the entire Bill. However, having heard representations from other political parties, and indeed many from across the trade union and labour movement, we now want to restrict the extent of the Bill from applying without the consent of each devolved institution or authority which will be impacted by the changes.

[Mr Jim Cunningham (Coventry South) (Lab)]

I think it is arrogant of the Government to impose the changes on local authorities. We have had three negotiations on the check-off system.

[Chris Stephens]

Like many others in this place, the hon. Gentleman is a former council or local authority leader. He will know that he would have negotiated with the trade unions on issues such as facility time to make sure agreements were made in time and grievances were heard in time to avoid such issues going to a tribunal. I agree with him that it is arrogant and out of order for the UK Government to make decisions—for example, in respect of facility time and check-off—that are opposed by many local authorities across the UK.

The proposals in the Bill have the potential to undermine the effective engagement of trade unions across Scottish workplaces, and indeed across the UK, particularly in the public sector. The Scottish Government response to the “Working Together Review” and the fair work convention have shown a commitment to building a stronger, more collaborative approach to the relationship between trade unions, employees and employers. The combination of the provisions in the Bill will affect employees’ right to strike, will change the relationship between unions and organisations negatively and will lead to greater confusion among employees. That will undoubtedly hit Scottish business, especially across the public services in Scotland and elsewhere in the UK.

As with many Bills in this House, the devil is reserved in the detail, and with a lot of the detail to be set out in regulations, we are unaware of what else may be coming down the line. Moreover, there will be no formal opportunity for the Scottish Government, or indeed any other authority, to influence such regulations, even though they will have a direct impact on them.

According to the evidence of witnesses, there is concern that the Bill could lead to a constitutional crisis if the devolved Administrations refuse to implement the content of the Bill. The Bill potentially cuts across devolved areas and could lead to confusion and a conflict of interests in its application to existing and new contracts, owing to the ongoing local government reforms in other areas. During the evidence sessions, Dave Prentis, the general secretary of Unison, commented that the new combined authorities in England will have a lot of extensions of powers, except the power to determine check-off and facility time arrangements.

The First Minister of Scotland, Nicola Sturgeon, stated in the “Programme for Government 2015/16”:

“my government will vigorously oppose the UK government’s proposed trade union legislation, which seeks to undermine the rights of unions to fairly and reasonably represent their members.”

Carwyn Jones, the Welsh First Minister, echoed those concerns when he wrote to the Prime Minister expressing concerns about the Bill in September 2015, stating that it should be a matter for the National Assembly for Wales.

The Scottish Government maintain positive and stable industrial relations in Scotland. Those relations are underpinned by the long-standing strategic partnership between the Scottish Government and the Scottish Trades Union Congress, which was recently reaffirmed in the memorandum of understanding signed in May 2015. The memorandum pledged the Scottish Government to work with the STUC in opposing Tory austerity and in demanding further powers for Scotland. The Scottish Government view trade unions as key social partners, playing an important role in sustaining effective democracy in society, particularly in the workplace, and the existence of good employment practices is a key contributor to economic competitiveness and social justice.

--- Later in debate ---

[Chris Stephens]

I will come on to that point. I found it curious in Committee that we were advised that e-balloting was unsafe and unsecure.

Amendment 15 would restrict the application of the provisions in clause 2 that introduce a 50% turnout requirement for industrial action ballots in addition to the current requirement for a majority vote in favour of action. The Government’s proposals will undermine constructive employment relations throughout the United Kingdom. Effective negotiations between unions and employers rely on equal bargaining power. The ability of unions to organise lawful industrial action ensures that employers take the views of the workforce seriously and engage in genuine negotiations.

The statutory thresholds will make it difficult for unions to organise industrial action, especially in larger workplaces and those with more dispersed workforces. As a result, the legislation is expected to have a wide-ranging impact on the ability of trade union members to take industrial action in defence of their jobs, working conditions and livelihoods.

It is in the employers’ and employees’ interests for disputes to be resolved quickly and amicably. The Government’s proposals mean that disputes are more likely to become protracted. The introduction of ballot thresholds will mean that unions will take more time in the run-up to ballots to ensure that there is the necessary turnout. That will inevitably divert time and effort from finding an amicable settlement.

[Mr Jim Cunningham]

This is one of those Bills that the Tories always bring forward when they are in trouble. More importantly, a lot of it has been brought forward because the Mayor of London has not been able to handle the industrial situation. As a result, the Tories are bringing in the Bill to undermine good industrial relations in this country.

[Chris Stephens]

I am very sympathetic to that point of view. The hon. Gentleman is right that the Mayor of London seems to have a different attitude from other public sector bodies across the UK.

--- Later in debate ---

[Chris Stephens]

I agree with the hon. Lady, and that point was raised in Committee. We were told by Conservative Members that e-balloting is unsafe and insecure—I do not know what that means for the Conservative candidate for Mayor of London. It came out that a trade union could email an employer and the police about picketing. Presumably that is safe and secure.

[Mr Jim Cunningham]

Will the hon. Gentleman say something about stewards having to register with the police and wear armbands just as they did in the 1930s in the occupied territories in Europe?

[Chris Stephens]

We will discuss that at a later stage. The hon. Gentleman’s point is about the increased capacity for blacklisting that is contained in the Bill, and I agree with him.

--- Later in debate ---

[Kevin Brennan]

If that is the case, it does not surprise me, although it might surprise some Members. I should have thought most Conservatives would believe that arrangements entered into voluntarily, at a local level, between an employer and employees should not be interfered with by central Government. I should have thought that that was in the DNA of Conservative principles. Surely Conservatives believe that voluntary arrangements and transactions between parties that are entered into freely, and are not immoral or criminal, should not be tinkered with by central Government. That is what is extraordinary about some of the provisions in the Bill, which illustrate the blinkered nature of the Government’s views on trade unions and their role in our society.

[Mr Jim Cunningham]

Taken in conjunction with the Government’s wish to pull out of the Human Rights Act 1998 and the cuts in legal aid, the Bill constitutes a direct attack not only on the trade union movement, but on the general public in general terms.

[Kevin Brennan]

I am sure that many of those human rights implications will be examined further in the other place, although the unfortunate time constraints prevent us from doing so here. No doubt many of those in the other place will consider the Bill with a great deal of interest.

Under current legislation, trade union workplace representatives have a right to reasonable paid time off to perform duties, which has huge benefits for employees and employers alike. Clause 13 could allow the Government to set a cap on the percentage of the employer’s pay bill that could be invested in facility time. It would also give the Government power to impose an arbitrary limit on the amount of time that union officials could spend not just negotiating improved pay and conditions, but training, promoting learning opportunities for the workforce, accompanying people to grievance and disciplinary proceedings, and carrying out health and safety duties.

Furthermore, as was pointed out in Committee by my hon. Friend the Member for Cardiff South and Penarth, the clause establishes a democratic deficit. First, Ministers will be able to use secondary legislation to restrict or repeal trade union rights, so this place will have no opportunity to amend that legislation. Secondly, the clause will prevent democratically elected devolved Administrations from deciding how to manage their employment relations in their workplaces, and how to engage with their own staff. Thirdly, it will enable the Government to pick and choose politically which local authorities it will force to impose a cap. That is an extremely dangerous precedent.

--- Later in debate ---

[Kevin Brennan]

The leader of the council has put it succinctly and appropriately.

[Mr Jim Cunningham]

I have been both a shop steward and the leader of a council, so I have seen this from both sides. Let me explode the myth: most good employers in big companies will say that facility time saves them money; they do not want hundreds of their employees disrupting the foreman when he is organising production. It is apparent that those on the Conservative Benches do not have any experience of industrial relations or employment practices.

[Kevin Brennan]

If it was felt there had been abuse in some areas, that could be dealt with, but to legislate to outlaw something of this kind is shocking. Yet that is, in effect, what the Government are doing.