Enterprise and Regulatory Reform Bill
John McDonnell Excerpts(12 years, 1 month ago)
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Jo Swinson
A range of measures in the Bill will help to improve access to justice. Of course, the most important thing is to make sure that fewer people end up going to employment tribunals in the first place. [Interruption.] I have just discussed the measures on early conciliation, which is a much better way of resolving disputes. We also have measures on rapid resolution, which I will come on to deal with and which have been discussed in Committee. Those are the ways of ensuring that people are able to get the best resolution to their disputes. Obviously there will still be a role for employment tribunals and there will be cases that, for whatever reason, cannot be managed through those other, better options for resolving them. In imposing a fee, there will still be access to justice through the remission regime for those who are otherwise unable to afford it.
John McDonnell (Hayes and Harlington) (Lab)
My amendment 51 seeks to prevent employers from applying for costs and using the provisions as an incentive to take part in conciliation. Is the Minister saying that such a power already exists in law and that she does not feel it should be codified? Or is she simply opposed to codifying it?
Jo Swinson
As far as I am aware—I am sure that inspiration will reach me if this is not the case—tribunals already have the power to impose costs, but the amendment would seek to limit the circumstances. Where proceedings have been brought or conducted in a vexatious, abusive, disruptive or otherwise unreasonable manner, it is important that the tribunal route retains the discretion to award costs. That happens in a tiny number of cases, because even when a case reaches tribunal most people engage with it in a spirit of genuine concern and with a genuine problem, but there will be some cases in which a relationship is vexatious or in which someone seeks to settle scores. If that is the case, it is appropriate for costs to be ordered in such a way.
Let me turn now to amendment 57, the proposal to amend the period for lodging a claim from one to six months for those whose limitation period would otherwise expire during the early conciliation period or within one month of the early conciliation process ending. The amendment would affect only a small number of individuals: those whose claim was brought under the Trade Union and Labour Relations (Consolidation) Act 1992 and who had sent their claim to ACAS towards the very end of the limitation period.
We want all claimants to have the confidence to engage meaningfully in early conciliation without the fear of running out of time to bring a claim. That is why we have provided for all claimants to have a minimum of a month following the end of the early conciliation period in which to lodge a claim, regardless of its nature. It is difficult to see why individuals should require longer than a month to prepare and submit the necessary form to the tribunal, bearing in mind that they will already have gone through the early conciliation process and have been considering the matter for some time, and it is even more difficult to see why such a lengthy extension should apply to such a narrow range of claims. We want all people to be able to engage in early conciliation and to have the confidence to do so and, if it does not work, to pursue other options. I am therefore unable to support amendments 80, 51 and 57.
Opposition Members have proposed three amendments to clause 11, amendments 52, 53 and 54, which relate to the composition of the Employment Appeal Tribunal. As my predecessor, my hon. Friend the Member for North Norfolk (Norman Lamb), explained in Committee when a similar amendment was voted down, we believe it is right that when the issue under consideration is related solely to a point of law the matter should ordinarily be heard by a judge sitting alone. That is always the case in the EAT, of course. However, when the judge considers that there is merit in sitting with a panel, they will be able to do that, and the Lord Chancellor can also order it for specific proceedings. I am therefore unable to support the proposed amendments.
Government amendments 8, 9 and 10, to clause 12, provide for confidentiality of negotiations before the termination of employment. Since the introduction of the clause in Committee, my Department has sought and received feedback from a number of key stakeholders. Some, including the Employment Lawyers Association and some business representative groups, told us that the original wording of subsection (1), which stated that employment tribunals should not take account of offers of settlement in their deliberations, could be open to misconception and misunderstanding. Although the Government believe that the original drafting of the clause would have the desired effect—namely putting an offer of settlement outside the deliberations of the employment tribunal in unfair dismissal cases—we wish to allay those fears and are amending the drafting of subsection (1) for the purposes of clarity and the avoidance of doubt. Subsection (5) is rendered unnecessary by that redrafting, so amendment 10 is a consequential amendment to remove it. In the proposed amended clause, just as in the original, employment tribunals will remain able to consider an offer of settlement in claims being brought on other grounds.
Amendment 9 does nothing more than reflect the difference in terminology between tribunals in Scotland, where the term “expenses” is used in employment tribunal proceedings, and those in England and Wales, where the term “costs” is used. Clause 12 was debated at some length in Committee—I have no doubt that Opposition Members have fond memories of that—and none of the amendments changes the purpose or effect of the clause, which were accepted then.
Opposition amendment 81 would remove clause 12 in its entirety. It is worth going back to consider the original aim of the clause. It is aimed at helping employers and employees come to a consensual end to employment relationships that are just not working out by facilitating the use of settlement agreements. A settlement agreement offers potential benefits to employers and employees, including a much quicker resolution than that offered by the tribunal, where the average time taken to resolve a claim is 24 weeks. Employers have the security that they will not face a tribunal case that would distract them and other workers from their business activities, and employees end up with the certainty of a cash payment, avoid the time and stress of tribunal, and leave with their head held high and possibly a reference. We want to encourage more businesses and individuals to consider the use of settlement agreements as a viable and potentially preferable means of parting ways than an emotionally draining performance management or misconduct route or a costly and stressful employment tribunal.
Mr Richard Shepherd (Aldridge-Brownhills) (Con)
I apologise for not having heard the opening remarks by the hon. Member for North Ayrshire and Arran (Katy Clark). I can see, however, that she was doing a bonny job, and these are important issues that, in a sense, have been imported into the Bill because of what she describes.
I am a passionate believer in whistleblowing, and I stand in the shadow of some giants from the time just after the election of the previous Labour Government. Tony Wright came up with the idea that people who make disclosures in the public interest should be protected by law, and that surprising proposition met with approval across the House. Other people were involved. Sir Ian McCartney, then a distinguished Member of this House, fought within his Department to see this process advanced, and the Liberal Democrats supported it with interest and vigour. From my party, the Secretary of State for Work and Pensions, then Leader of the Opposition, supported the legislation and served on its Committee. Nor should I forget Lord Borrie, who did sterling work in the House of Lords.
Tony Wright’s original idea that something could—and should—be done, set in train a motion that found supporters from across the House and among their lordships, and from the then new Labour Government. I was fortunate enough—or merely the vessel, depending on how one looks at it—to deliver the idea through a private Member’s Bill. I am, therefore, delighted to hear a newish Labour Member standing up for something that reaches across the parties and has an important principle behind it.
The confusion identified by Public Concern at Work seems to many to cut across what the Government are trying to do. Hon. Members are sympathetic to the Government’s attempt to bring clarity, and many of us are mindful of bullying in public places or the workplace. Nothing should harm the feeling that an individual should be able to come forward and argue that they are making a disclosure, because that is in the interest of society as a whole and of corporate government.
I am cheered by comments from some of my colleagues, who clearly want to make this legislation a working part of ensuring that fraud and criminal activities, as well as all the other matters that have been raised by Public Concern at Work and that are in the public interest, do not take place. After all, the legislation is entitled the Public Interest Disclosure Act 1998. I urge the Government please to enter into negotiations with wider society, and particularly organisations such as Public Concern at Work. The Bill must go to the House of Lords, and I have no doubt that the legal differentiation between terms will be closely scrutinised. I advocate that the bonny Minister raises the flag and fights for a change to the formulation of words, as proposed in new clauses 1 and 2.
John McDonnell
We have extremely limited time to debate this group of proposals if we are to debate the green investment bank. I absolutely abhor the programme motion, and the Minister took up nearly a third of the time for debate. Report is the only stage at which someone not on the Committee can table and debate amendments, and I have only around five minutes to speak to mine.
We naively debate the detail of legislation and Bills without understanding their political context. The political context of the Bill is the statements made at the Conservative party conference. This is the first stage in a legislative process under this Government of giving employers the licence to sack at will. That is what this legislation is about.
When the Minister spoke, it was like having a delegate from the Institute of Directors in the Chamber. The measure is like the first stage of the IOD programme for reforming employment law.
John McDonnell
No, I will not, because we do not have time and, to be honest, the hon. Gentleman is becoming monotonously boring.
When the Prime Minister spoke at the Conservative party conference, he said that he was on the side of the strivers. He makes it clear in the Bill that he is on the side of employers who want to sack people—without adequate compensation or adequate protection in law.
I have tabled a number of simple, basic amendments to ameliorate the proposed legislation, all of which have been rejected. I suggested that there should be a sanction against employers who do not participate in conciliation. We are told that such a sanction already exists, so my proposal would simply codify what the Minister has said happens in practice. It is important that we include that in the Bill.
I have made a simple attempt to amend the time scales in which claimants can prepare their case. A month is not enough for them—they must collect information and seek legal advice, and individuals often draft legal papers themselves. A six-month time scale would reflect that reality.
Another proposal would ensure that the processes being introduced by the Government have the confidence of all sides. It is unacceptable for the judge to determine who is on the Employment Appeal Tribunal, because it removes the experience of both sides of industry, who could advise the judge. My proposal is simply that consensus should be achieved and that the decision should be made with the approval of both the employee and employer representatives—all parties concerned. Even that proposal has been rejected.
People are not currently adequately compensated, which is why the cap is unacceptable. In no other area of law does a judge make an assessment that someone has lost and determine compensation, only for a cap to prevent full compensation. That is why there should be no cap, and yet the Government are keen on caps—they have introduced a £5,000 cap on fines against employers. What is £5,000 to companies such as Virgin or Starbucks, which we heard about yesterday? They are billion-pound companies. What is a £5,000 fine to them? It is meaningless.
John McDonnell
I might allow the hon. Gentleman to intervene if he came to the Chamber occasionally.
The point of my proposals is to ensure a balance of fairness in the regime that is being introduced. There is currently no balance whatever. The Bill is Beecroft. It is based on no evidence and on prejudice, and is the first stage of the Government’s plans to undermine employment law. This is the first stage of undermining the protections that workers have. People outside the Chamber will realise what is happening in the coming months under this Government. Jobs will be shredded and people will have no protection whatever as a result of the Bill and what will follow. On that basis, I wholeheartedly support Opposition Front Benchers in attempting to remove those clauses.
John McDonnell
It is important when we pass legislation in this House that we take into account our duty as employers of the staff who will be implementing the legislation. This legislation will abolish the Office of Fair Trading and the Competition Commission, which will be brought together in one body. In the past, legislation—TUPE—has been introduced to ensure that those staff are protected, but TUPE applies only to those staff who are transferred from the public sector into the private sector. Therefore, to cover the situation where there are transfers within the public sector, there was an agreement under the previous Government—a Cabinet Office agreement of principles that was inherited, and supported, by this Government—that recommended that where there were transfers between public sector bodies there would be placed in legislation a commitment that TUPE would be applied. That has not been included in this Bill. It contains a reference to similar conditions to TUPE, but that does not give the guarantees that the staff are expecting; in fact, it jeopardises some of the benefits that have accrued to them over a period of time.
I send the message to the other place that Members of this House and of the other place have a responsibility for the staff whom we employ to implement legislation. Their views should be regarded—their trade unions have made this point to Government and it has been ignored—and they should be protected. I hope that an amendment will be tabled in the other House that gives this protection to the staff.
This is an extremely significant Bill. It undermines our health and safety regime and undermines the employment rights that have been built up over generations, and it means that bad employers will be able to sack, pressurise, bully and victimise staff with impunity.
The Equalities and Human Rights Commission, and the legislation that we enacted in 2006 to ensure that it was effective, have had cross-party support, and I thought that that would be maintained even by this Government. However, this Bill, in addition to the 60% cuts in its budget and the 70% cut in staff, now undermines the commission’s legal foundations. In effect, as my hon. Friend the Member for Streatham (Mr Umunna) said, this is leading towards the abolition of the body and therefore undermining equalities work in this country. What really sticks in my craw is the removal of the duty placed on the commission to promote equality for people with disabilities and to prevent discrimination against them. It reflects badly on the Government if this is the direction in which they are going.
The Bill also demonstrates the Government’s absolute incompetence. We are now in a situation where copyright law is in complete confusion. They cannot even legislate effectively to control estate agents. That is the stage that we have reached with this Bill, and that is why I will oppose it.
Enterprise and Regulatory Reform Bill
John McDonnell Excerpts(12 years, 1 month ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Jo Swinson
This is a procedure about obtaining information. There are clearly differences between different cases. However, it is also clear from the consultation that this is being used as a sort of fishing expedition whereby additional questions are asked in order to produce an undue burden on business and perhaps sometimes to encourage the idea that the process might be seen to be far too burdensome and that a settlement should therefore be reached instead, even where there may not have been a breach by the employer.
John McDonnell (Hayes and Harlington) (Lab)
Can the Minister say what percentage of responding organisations supported her position, because I believe that 83% were opposed to it?
Jo Swinson
It is certainly true that a wide range of views were put forward to the consultation. Among business groups, there was a very strong view that this costs a lot of money, and I will explain why. Based on the sample, the five to six hours spent on each form at a cost of £160 equates to a cost to employers of £1.4 million a year, and it could be considerably higher because many employers may use more expensive legal advice.
Mr Umunna
Quite right. One argument that has been consistently advanced by Liberal Democrat Ministers, as well as at the Liberal Democrat conference the other day, is that the Liberal Democrats are a check on the worst excesses of their coalition partners. I believe, however, that people will look at their actions. Their words do not marry up to what they are doing in Government. The Secretary of State said at his party conference that if Britain wanted
“competence with compassion, fairness with freedom and more equality…that government must have Liberal Democrats at its heart.”
The measures in the Bill really do call that claim into question.
John McDonnell
I shall speak to amendment 56. Far be it for me to correct my hon. Friend the Member for Streatham (Mr Umunna), but I think the amendment is in my name. I say that only to give notice formally that I intend to move the amendment and divide the House on it. It is in my name only because of my speed of pace in getting to the Vote Office—that is all.
This is not one of those parliamentary knockabout debates, but a fundamentally important one. I have been a Member since 1997 and I have noted that in every debate on equalities during that period, what emerged was a near consensus about the approach towards, and the commitment to, the legislative framework. When we debated the Equality Act 2006, near consensus was achieved in this House about the legislative framework that was being put in place. I thought that that was one of those occasions on which the House rose to its full height, and it was held in esteem for reaching that consensus.
To be frank, there is an element of tragedy to what is happening. We are going dramatically backwards here. The Minister listed a range of reforms that the Government had introduced, most of which I believe the Opposition supported. I welcome them, but the difference between those reforms and the one we are considering is that there was consensus about most of them, both in this House and outside it.
As my hon. Friend the Member for Streatham has said, a vast range of organisations have expressed concern. I received a briefing from the Equality and Diversity Forum—I hope that other Members have received it, too—which basically urged the Government to think again and provided a detailed brief, setting out point by point its arguments for opposing the Government’s proposals. Some of these organisations deserve listening to. They include Age UK, the British Institute of Human Rights, the Children’s Rights Alliance for England, Citizens Advice, Disability Rights UK, the Discrimination Law Association, End Violence Against Women—the list just goes on and on—the Fawcett Society, Friends, Families and Travellers, Justice, the Law Centres Federation, Mind, the National AIDS Trust, Race on the Agenda, the Refugee Council, the Royal National Institute of Blind People, the Runnymede Trust, Scope, the TUC and the Women’s Resource Centre—and there are many more. As my hon. Friend said, tomorrow there will be a further letter from organisations that supported this House for almost a generation as we devised the legislation and the legislative foundation of our equalities law. This Government are now breaking that consensus.
To be frank, there were concerns that there would be a Conservative party attack on equalities after the election. We were hoping that that would not be the case. I argued that many of the legislative debates we had had over the last generation would be put to bed and would not be reopened. Many feared such an attack, but most of us hoped when the coalition was born that the Lib Dems would head it off. I know that there are those who have tried to do so. We have heard today of letters coming in from different Lib Dem groups, urging the Government to think again. Unfortunately, they have failed. As a result of that failure to convince the Government to think again, we are faced with the most significant step backwards on equalities that we have seen in the last 20 years.
Kate Green
I share my hon. Friend’s distress and sorrow at what is happening under this Government. Is it not also the case that when the Equality Act went through the previous Parliament, it was Liberal Democrat Members, including the Minister’s own predecessor, who were particularly at pains to push our Government, a Labour Government, to go further? Is this not an appalling and distressing reversal of position?
Stephen Pound (Ealing North) (Lab)
Don’t: there is no need. It is not necessary.
John McDonnell
This is a serious debate and, to be fair—my hon. Friend was here at the time—there were Conservative and Lib Dem Members who sought to push things further. What I thought was important about that debate was that we reached a consensus. We reached a fairly high plateau of agreement. It was recognised that some wanted to go even further, but no one wanted to go backwards, which is what this legislation does. This is a backward step.
John McDonnell
With the greatest respect, I do not think that that is the case. I know John well—he is an old friend—and I do not believe that he used that exact form of words. What the organisation said was that it was for the House to decide on the Bill. I think that what the staff and board of the EHRC are trying to do is survive, and I think that some things have been said simply so that they can survive.
Debbie Abrahams
The briefing from the EHRC uses very neutral language, but it nevertheless expresses blatant concern about, in particular, the removal of important functions such as the helpline, funding for voluntary organisations, and legal advice. The idea that people should have to pay to issue a challenge when they have been discriminated against is outrageous.
John McDonnell
I agree. I think that what John Wadham and others in the organisation have said is that they will do their best and will live with what legislation there is, but I also think that when they gave evidence to the Committee, their intention was not to support the Bill. It is for us to decide.
Julian Smith
Either the hon. Gentleman is calling me a liar, or he has not read Hansard. The written record of the evidence sessions shows that John Wadham said that the organisation did not have a problem with the Bill.
Madam Deputy Speaker
No, he did not imply it. He did not raise the issue of the hon. Gentleman’s integrity in any way. There seems to be a dispute about what was actually said, and I think that that is different.
John McDonnell
Let me assure the hon. Member for Skipton and Ripon (Julian Smith) that I would never call him a liar. What I am trying to say is this. The organisation has previously made it very clear that the House will be the determinant of the Bill. I believe that John Wadham has been a good and effective civil servant over the years, and that he will implement whatever comes out of the House as effectively as possible, but I also believe that he and his colleagues are simply trying to survive in whatever way they can, and will speak accordingly.
Mr Umunna
As I said earlier—and as my hon. Friend will know, because he has read what John said—John did say that he was not opposed to the Bill. However, I have just given chapter and verse on all the problems that he has raised in relation to it. He is, of course, an existing employee of the commission, so it is very difficult for him. Why should we not consider, for example, what the commission’s former director of human rights and director of disability rights said in July about what the Government are doing? He said:
“By repealing section 3 of the Equality Act 2006, the Commission will cease to be an agent of social change harnessing the law and its powers to address entrenched inequalities.”
John McDonnell
We will come on to the individual elements, but it is clear from the representations that have been received that there is sufficient concern. Let me put it no more strongly than that. For any Government whose members have arrived at consensus on a contentious issue to come along and break that consensus warrants much deeper consideration than is being given by the Government. The messages from the organisation itself, which is seeking to survive in whatever form it can, have been clear enough to most of us to suggest that it has an underlying concern that it will be unable to fulfil the role we have expected of it up until now.
Jack Dromey
My hon. Friend makes a powerful point about the organisation’s inability to fulfil its role in the future. I have met the staff in the Birmingham office on the issue of disability access to public transport, from buses in Wolverhampton to the de-staffing of stations in the region by London Midland. The disabled are saying that they are being turned into second class citizens who are unable to access public transport and that the support of the Birmingham office of the EHRC is essential to them. Does my hon. Friend agree that if that office goes, so too will the champion of the disabled?
John McDonnell
I chair the PCS parliamentary group, which represents the union that represents the staff. I have therefore been involved in the discussion with them about the cuts that have taken place. The pressures that existing staff are under are immense. Reducing staff numbers still further will lead almost to the breakdown of the organisation.
Let me return to the Bill. We have been saying that there is real worry about the Government’s intent and the future of the organisation. The cuts in resources and staff are being compounded by the undermining of the legislative basis on which the organisation operates. It is that legal basis that we must consider.
On clause 52, the original legislation laid out a general duty to send out the message to which my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams) referred. As a community we needed and continue to need the message that there is an organisation advising the Government that will encourage and support a society based on freedom from prejudice and discrimination—a society based on individual human rights, respect for the dignity and worth of each individual, equal opportunities to participate and a mutual respect between groups based on understanding and valuing diversity and shared respect for human rights. I do not think that society has changed so dramatically that that statement is irrelevant—it needs to be embodied in legislation and repeated time and time again. It had all-party support in 2006.
Andrew Gwynne
My hon. Friend is absolutely right, and I am proud to have been part of the Government that introduced the Equality Act. However, does not this provision shed light on the Government’s real motives? By stripping down the commission and stripping it of its remit, they are undermining the equalities that we cherish and hold dear.
John McDonnell
I do not see how it can be interpreted any differently. The argument has been made that this provision has been included in the Bill for a purpose and that it is all to do with removing restrictions on businesses so that they can be encouraged to be more enterprising and create better profits, which might somehow contribute to tackling the recession. The argument is almost that we cannot afford equality, but our argument is that we cannot afford inequality. That is exactly why we enacted that legislation in 2006. There were strong arguments about not just fairness but efficiency. If there is discrimination against people, sections and groups in society, they cannot make their contribution. That was why we made a strong economic argument for the 2006 Act.
Stella Creasy (Walthamstow) (Lab/Co-op)
I note that the Minister talked about value for money. Does my hon. Friend agree that the value-for-money argument for dismantling the commission is a very bad one, because of its impact on our economy through the added cost to businesses of failing to tap into the potential of people against whom there is discrimination in our society?
John McDonnell
Exactly. In 2006 we had a lengthy debate on all sides when we identified groups in society that had not been given a fair crack of the whip and which, if they had, could contribute so much to our economy. Clause 52(1)(a), which removes section 3 from the Equality Act 2006, removes that statement.
It is interesting that only a few months ago the European Commission, in its recent report on equality, recommended to other Governments that they follow the example of the UK and embody in legislation a vision of an organisation that can contribute towards developing a society based on equality. Here we are, taking a step backwards from what is happening elsewhere across Europe. This is not just a tidying-up exercise. It is not about creating unrealistic expectations. It undermines the legislative basis of the organisation.
At the recent conference on discrimination law, Sir Bob Hepple QC made it clear what section 3 stands for. He said that it provides the link between the promotion of equality and good relationships between groups and society, and that without it we are rudderless. That was his statement. We included the measure in the original legislation to give direction.
It is extraordinary that in the Government’s own consultation, which has been cited time and again today and which was entitled “Building a fairer Britain”, there was overwhelming opposition to the abolition of section 3. The opposition was 6:1 against removing that visionary statement from the legislative basis of the commission.
Clause 52(1)(b) repeals the duty to promote good relations between members of different groups. MPs who have been working in their constituencies as MPs, councillors or community activists will recall that it is these sections that we have used to protect individual groups against racist attacks, attacks on Travellers and against undermining and stigmatising people with mental health problems. This is the legislative base that we have used time and again to ensure that the commission can play its full role.
As my hon. Friend the Member for Streatham said, this is the measure that we used to tackle racism in football, so it has been used in campaigns and it has been effective. We have used it to undermine the development of extremist racism in our society and to ensure that we give advice to public authorities, particularly local authorities at elections, to set standards.
It has been argued that other organisations will be available to do this, such as the Runnymede Trust and the Fawcett Society, but both of them are reliant on public funds and some of the public funds that go to those organisations are from the EHRC. The EHRC is having its grant-making cut so those organisations will not be out there to fulfil that role.
On the removal of the duty in section 10, I want to raise an issue on behalf of organisations such as DPAC—Disabled People Against Cuts—and the group in Scotland, Black Triangle. Section 10(5) places a duty on the commission
“to promote or encourage the favourable treatment of disabled persons.”
Over the past year we have had debate after debate on hate crime against people with disabilities. We thought we had a breakthrough with the Paralympics in raising the profile of people with disabilities and extolling what they can do if given the chance. What message does it send out that we are scrapping that duty of the commission?
Chris Ruane (Vale of Clwyd) (Lab)
Four or five categories of hate crime are monitored—race, religion, gender, sexuality and disability. Over the past year disability hate crimes are the only hate crimes across all the categories that have gone up, and the reason is the language used by the Tories. Does my hon. Friend agree?
John McDonnell
In debates in Westminster Hall and in this Chamber, Member after Member has raised the issue of the rise in hate crime against people with disabilities. They have cautioned Conservative Members and others about the language that they use and about their actions. This proposal sends out a message that the Government are not interested in this matter, and it undermines the very organisation that has the statutory responsibility. We are not the only ones who are anxious about this. The Government’s consultation shows that the proposal was opposed by 7:1.
On section 12, the Government seek to reduce the frequency of monitoring progress from three years to five years. It is extraordinary that in the debate on the introduction of the monitoring process, it was Conservative Members who argued that three years was not enough, because there would be only one report every Parliament. Now it is to be every five years. That was opposed by 5:1. It is argued that further reports can be brought forward at the commission’s will, but the most important thing is the requirement that the House places on the organisation. The monitoring process every five years will prove totally ineffective.
The repeal of section 27 and the powers to provide conciliation services to resolve disputes involving alleged discrimination is extraordinary. In other parts of the Bill the Government promote conciliation to resolve disputes, yet in this area we are removing that role from the commission. The argument is that the commission has not been particularly effective. If we are concerned about the effective operation of the commission, we should reform the commission, not undermine its legislative base and remove its powers. If the pre-appointment hearing for the new head is today, we should give that person a chance to reform the organisation before we take away the opportunities to exercise effectively the powers that were bestowed upon it by previous legislation.
I will deal with new clause 13 and the abolition of the questionnaire only quickly, because, like my hon. Friend the shadow Secretary of State, I have dealt with these questionnaires from a trade union point of view. As has been said, only 2% of employers have ever been involved and none has claimed the duty was onerous. To be frank, when the questionnaires come back a trade union representative can tell his member, “This isn’t a runner,” or he can say, “This is a runner. We had better start negotiating.” When it can be proved that a case has merit, usually the employer will realise that there is something real to address.
Jack Dromey
Again, from my experience in the trade union movement I support what my hon. Friend says. As a result of the process of using the questionnaire, for every one case that goes forward, three cases do not, precisely because it is established that there is no case to pursue. That means that the hopes of individuals are not raised, but neither is any unnecessary burden imposed, in this case on employers.
John McDonnell
Exactly. Part of the role of a trade union representative is to ask the individual, “Do you really want to put yourself through this when there is so little chance of success bearing in mind what information has come back?”
Mr Umunna
What I find so reprehensible about what the Government are doing to these protections in this Bill—the same applies to the points that we will be discussing tomorrow in relation to employment law—is that in many respects the people for whom these protections are so important are those who are not represented by a trade union because they provide backstop protections for them in the event that they cannot get assistance elsewhere.
John McDonnell
Exactly. Amazingly, the questionnaire process has been operating effectively since 1975, and in the consultation, 83% opposed this proposal. Most people just want to get on with the practicalities of conciliation, not resort to law because of its expense and risk, and the questionnaires enable us to do that. The Discrimination Law Association offered example after example of the questionnaire’s effectiveness, but they seem to have been completely dismissed by the Government.
New clause 12 relates to third-party harassment which my hon. Friend the Member for Streatham eloquently addressed. I do not think that scrapping the duty set out in the legislation will in any way clarify matters. In fact, I think that it will cause more confusion. At least when cases are brought up with employers, even informally, representatives can point to the legislation and the duty and it is then clear what the employers have to do. Example after example has been pointed out, but I will give one that was raised with us some years ago. Black firefighters arriving at a scene were being discriminated against and targeted, so their employers had to put in place additional protections. Another example was of discrimination taking place in jobcentres. With regard to the consultation, if the Government were listening to people they would hear that 71% are opposed to these proposals.
Reference has been made to other cuts that have been made to the commission. The Minister raised the issue of the helpline, which has now been transferred to the Government Equalities Office. It only takes referrals from other organisations and does not advertise its services, so I think that the Government are effectively hoping that it will simply wither on the vine and there will no longer be a service for people.
I am also concerned—the Minister has not mentioned this—that a new framework document is now being discussed with the commission that, I think, threatens to limit its future freedom of operation. There is to be a further budget review, as I have said. If the Government are planning to abolish the commission, I would rather they came clean about it and were up front, rather than killing it off by stealth, by cuts and by undermining its legal powers. That would be more honest.
It is not the case that equalities are no longer relevant; discrimination is taking place in our society. We extol the virtues of British society but the reality is that, as everywhere else, discrimination takes place daily and has to be confronted, and we need an effective organisation to do that. If we want an effective organisation, it has to have legal powers that are set out clearly in law. This legislation will undermine those powers and make them less clear than ever before.
I think that this flies in the face of everything this House has worked for over the past generation and the joint work that has been done across parties to promote equality and give effective powers to a body and underpin them in legislation. That is now being thrown to the wind, and for what? I think that it is the result of a combination of ideology and the desire to make savings that, frankly, I do not think will be realised. The proposals will most probably cost more than they actually save. I urge the Government to think again. I urge the Liberal Democrat partners in the coalition to return to their first principles and to what they said a number of years ago. If the Government do not amend the Bill, I hope that the other House will take a role in this and stand up for equality in our society once again.
Kate Green
It is a pleasure to follow my hon. Friend the Member for Hayes and Harlington (John McDonnell) and to endorse his comments. We are genuinely shocked, disturbed and surprised that the Government, and particularly the Minister, have brought forward the amendments to the Equality and Human Rights Commission’s remit and by some of the specific changes proposed to employment legislation.
As my hon. Friend has just said, despite progress—progress that we can be proud of across this House and in society at large—in addressing inequality and injustice in this society, despite the fact that much good work has been done in our communities to boost and strengthen community harmony, despite the many efforts that have been made to create better educational opportunities for young people from all backgrounds, and despite many examples of progress for women, disabled people, black and ethnic minority people, lesbians and gay and transgender people, despite all that progress, we are still a fundamentally very unequal society.
We are a society where there is still a gender pay gap of 20%; where young black men are still disproportionately more likely not to be in employment, and even when they achieve good degrees still find that they end up with fewer employment chances and lower earnings; where disability hate crime is reported to be on the rise; and where great offence and hurt can still be caused within our communities, as we have seen only recently with the “Innocence of Muslims” film. It is really important that we do not take progress on equality for granted, because there is a very long way to go.
Jo Swinson
Every organisation is entitled to put forward its views and concerns. It is important that language is used carefully, as has been pointed out by various Members. Whether they are a member of the Government or not, everyone needs to be careful about the language they use in these discussions. That is not to say, of course, that we should never make any changes to provisions affecting people with disabilities, but that debate should be conducted responsibly.
The hon. Member for Hayes and Harlington (John McDonnell) was rather dismissive of many of the Government’s measures on equalities, and said that there was much consensus in these areas. These are measures that the previous Labour Government did not undertake during their 13 years in power, so if there is such consensus, the question needs to be asked, “Why didn’t they get on with it?”
John McDonnell
The hon. Lady completely misinterpreted what I said. I was not dismissive at all. I welcomed the measures and said that they were supported across the House. This measure, however, is one of the first steps on equality in nearly a decade that has not been taken consensually.
Jo Swinson
I take the hon. Gentleman’s point that there has not been a consensual debate today, although I do not think it would be accurate to say that there is a consensus on, for instance, the Government’s measures to tackle discrimination in the trans community or our proposals on equal marriage. I can say that as a constituency MP, and my mailbag, and no doubt those of others, would attest to it. The Government have a positive record, including on measures that the previous Government did not address.
On the reasons for new clause 12, the shadow Secretary of State gave a version of events that differed from mine in referring to the case in 1994. For the record, according to the GEO’s lawyers, the reasoning and rationale for bringing forward that provision is as I set out in my opening remarks. It is also worth pointing out that even though the 1994 case to which he referred happened before that provision was in place, those individuals rightly won their case. Ultimately, the important change is the change in definition, which took place as a result of the case, which I mentioned, in 2007.
Jo Swinson
I meet and speak to those Liberal Democrat colleagues regularly, and I spoke to Lester Holloway last week about these issues. Some of the points that have been made have been based on inaccurate information, such as that about black and minority ethnic staff in the commission. The commission has corrected a lot of inaccurate information and misunderstanding about the impact that the restructuring plans will have on its staff. Of course, diversity is taken very seriously in all public sector organisations, but in the EHRC perhaps more than most there is acute awareness of how vital it is.
The duties that will remain in sections 8 and 9 of the Equality Act 2006 are the core functions of the EHRC. Several Members referred to the Let’s Kick Racism Out of Football campaign, which was an excellent initiative but contained nothing at all that could not be done under section 8. It is a false argument to take something excellent that the EHRC has done in the past and say that such an initiative could not be taken in future because of the changes that we are making to section 3. It absolutely could be taken under section 8.
Several Members asked whether the changes to the EHRC were about growth. I am not going to pretend that making its remit more structured is specifically a growth measure, but that does not mean that it is not a helpful thing to do. I have outlined the impact that the provisions coming out of the red tape challenge will have on business. Business will welcome that, coupled with all the other measures that we are taking in the red tape challenge to bear down on unnecessary regulation.
Several comments have been bandied around that many Government Members wish to see the back of the EHRC and that the change is abolition by stealth. I hope that I can reassure hon. Members that that is not the case. We certainly have not heard any suggestions to that effect from Government Members. Perhaps if that was what they believed, they would have come to the House to say so today. [Interruption.] I am sure that if any of them had wished to say that, they would have done. Even if that were the case, it is not the coalition Government’s position. We recognise that the EHRC is an important institution and that equalities law is vital. It is vital to our economic recovery, because we need to ensure that we use the talents of all the people in our work force and potential work force. That is why we are ensuring that it is focused on what is most important. We want to focus the EHRC on its core functions and, as I have mentioned, strengthen its governance and accountability, in which we have already had some degree of success.
A few Members mentioned the consultation and suggested that there was not necessarily unanimous support for the Government’s measures. However, if we examine the responses that were received from individuals—for clarification, they were not Members of Parliament—we see that more than half advocated the abolition of the EHRC. Opposition Members should be slightly careful what they wish for if they urge Governments always to follow consultation results exactly. We obviously have to take views into account, but we must also ensure that important provisions and protections are not undermined. Even if there were to be a groundswell of support for doing such a thing, the Government would recognise the important protections that the EHRC ensures are in place.
The hon. Member for Hayes and Harlington (John McDonnell) asked questions about the equality advisory and support service helpline, which opened on 1 October. It has some advantage compared with the previous commission helpline. It is open for longer—from 9 am to 8 pm Monday to Friday and from 10 am to 2 pm on Saturday—and is therefore more convenient. It handles conversations that people might not want to have while they are at work, so having longer opening hours is helpful and makes the service more accessible. It is free to phone from landlines, and it will soon be free from most mobiles too.
The inaccurate suggestion was made that the helpline can be used only when there are referrals from other organisations. That is not the case. It is there to help people with discrimination problems, and there is nothing to prevent a member of the public from approaching the EASS directly, although we accept that most people probably will access it via a referral.
Jo Swinson
It started on 1 October and there are not massive advertising budgets at the moment, but—[Interruption.] The hon. Gentleman clearly wants some huge advertising campaign, but we do not have massive budgets available at the moment. It is important that the advice is out there, that referrals are there and that the information is available when people wish to access the service.
The hon. Gentleman also said that he was concerned about the zero-based budget exercise that was being conducted on the EHRC. However, I understand that that is now Labour party policy. At its recent conference, the shadow Chancellor said that
“the public I think would expect this, to have a proper zero-based spending review where we say we have to justify every penny and make sure we are spending in the right way.”
Perhaps the hon. Member for Hayes and Harlington does not agree with the concept of a zero-based budget review, but his shadow Chancellor certainly does.
John McDonnell
There is a difference between conducting a zero-based budget exercise when seeking to ensure the effective operation of an organisation and having one when 62% cuts have just been made and the Government are threatening to close it.
Jo Swinson
I can say from the Dispatch Box that there is no such threat to close the organisation. The EHRC is an important part of our equalities infrastructure and the Government are committed to ensuring that it is maintained—
Oral Answers to Questions
John McDonnell Excerpts(12 years, 2 months ago)
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Mr Speaker
I was reluctant to interrupt the flow of the Secretary of State’s eloquence, but I remind the House that the question relates exclusively to York—not even to Redcar, although Question 9 might present its opportunities to hon. Members.
John McDonnell (Hayes and Harlington) (Lab)
8. What plans his Department has for school meals; and if he will make a statement.
Diana Johnson (Kingston upon Hull North) (Lab)
17. What plans his Department has for school meals; and if he will make a statement.
The Minister of State, Department for Education (Mr Nick Gibb)
Our aim is for all pupils to be offered good food in schools and to understand the importance of good nutrition. That is why the Secretary of State has asked the co-founders of the Leon restaurant chain, Henry Dimbleby and John Vincent, to examine school food, determine what more needs to be done to make nutritious and healthy food available to all school children, and ensure that children understand the importance of healthy eating.
John McDonnell
Free school meals are a lifeline to many families living in my constituency and there are concerns that the Chancellor has now called for a further round of expenditure cuts. Will the Minister give an assurance that no category of child eligible for free school meals at the moment will lose their eligibility during the life of this Government?
Mr Gibb
The hon. Gentleman raises an important point. He knows that, to make work pay, we are reforming the benefits system and introducing universal credit. We are working with the Department for Work and Pensions on how that translates into eligibility for free school meals, but we are determined to see no drop in the numbers of parents and their children eligible for free school meals.
Education Bill
John McDonnell Excerpts(13 years, 6 months ago)
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John McDonnell (Hayes and Harlington) (Lab)
On a point of order, Madam Deputy Speaker. As a result of the programme motion and the flow of debate, we have failed to reach the final batch of amendments, which deal with the education work force. About 13,000 workers will have their employee organisations abolished as a result of this legislation and will be insecure in their future employment. Tens of thousands of others will also be affected by the Bill. This batch of amendments was designed to deal with those issues and give those education workers some form of security for the future.
Now that we have failed to reach those amendments, may I through you, Madam Deputy Speaker, ask Mr Speaker to bring together the party leaders to discuss again the preparation of programme motions so that we do not again fail to reach important amendments—I accept that we did under previous Governments—that affect so many of our constituents and members of our communities. It is also critical that the rights of Back Benchers who do not serve on Public Bill Committees are protected, because this is the only opportunity we have to move and debate amendments.
Madam Deputy Speaker (Dawn Primarolo)
I understand why the hon. Gentleman is frustrated by his inability to participate in debate on the amendments that were not reached, but the timetable motion was agreed by the House, and is completely outside any responsibility of the Chair. However, the hon. Gentleman has put his points on the record, and he may wish to catch my eye briefly during the Third Reading debate—if we reach it.
John McDonnell
The Bill abolishes a number of bodies—the General Teaching Council for England, the Training and Development Agency for Schools, the Qualifications and Curriculum Development Agency and the Young People’s Learning Agency.
In the past the Transfer of Undertakings (Protection of Employment) Regulations were applied when bodies were abolished and staff were transferred from the public sector to the private sector. They would be protected, together with their conditions of work, the recognition of their trade union and their basic employment rights. Because that does not apply to transfers of staff within the public sector, the Cabinet Office introduced the Cabinet Office statement of practice—COSOP—which in the past has been included in legislation so that TUPE principles applied to staff as if they were being transferred out of the public sector. The previous Government stated on the face of the Bill that that was the situation when the Learning and Skills Council was abolished. The present Government have done the same thing in the Localism Bill, but not in the Education Bill. As a result, the staff are feeling insecure about their future. That affects morale and recruitment and retention—
John McDonnell
It is incredibly helpful to have that on the record. It would be valuable if the Minister could see whether it could be put on the face of the Bill when it goes to another place.
English for Speakers of Other Languages
John McDonnell Excerpts(13 years, 6 months ago)
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John McDonnell (Hayes and Harlington) (Lab)
My hon. Friend the Member for Lewisham East (Heidi Alexander) brilliantly summed up the main points. I just want to add a few remarks about what is happening in my area. I have been contacted by Uxbridge college, which delivers ESOL classes from the Hayes campus. The principal, Laraine Smith, has contacted me, as has the ESOL lecturer Rubina Kause. My constituency, like that of my hon. Friend the Member for Ealing, Southall (Mr Sharma), is one of the most multicultural in the country and has a 100-year history of migration. When ESOL was introduced, we found that it significantly contributed to overcoming divisions and isolation and maintaining a cohesive community.
I attend the award ceremonies for ESOL classes in my area. There is a 100% attendance record for such classes, and they are mainly attended by women. When I ask them what their motivation is, they say that it is about supporting their children in education and wanting to engage in the wider community. In my area, 80% of students are not on the benefits appropriate to enable them to maintain their attendance at these classes.
The main concern expressed by the colleges is that individuals will be driven back into isolation, which will result in a divided community in the future. Uxbridge college in my constituency has already lost its capital grant for reconstruction. It has lost grants that have supported ESOL classes and, as my hon. Friend the Member for Ealing, Southall said, its concern is that there will now be further instability that will threaten the courses that it offers in the long term.
I urge the Minister to pause again. We await the outcome of the equality impact assessment, but I invite him today to visit a number of colleges. I am happy for him to visit classes in my own area and to meet representatives of the University and College Union and some of its lecturers to talk through the long-term implications for our communities of the threat to these courses. I cannot overestimate the seriousness of the cuts to these courses for the wider community.