Ministerial Severance: Reform

Debate between Justin Madders and Esther McVey

Tuesday 6th February 2024 Commons Chamber

[Esther McVey]

The hon. Member has raised a point about redundancy payments, and that is fundamentally what we are talking about. Severance pay is a redundancy payment, in that Ministers can be turfed out of office without any notice of termination and without any proper consultation. They have been given what would otherwise be called redundancy payments. I entirely agree that people have accepted those redundancy payments, just as Labour Ministers did when the Prime Minister changed from Blair to Brown, and just as Labour Ministers did when Labour went out of office in 2010.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

Will the Minister give way?

[Esther McVey]

I will carry on for a little while longer. I want to talk about what the Opposition are doing today, which is, as I said at the outset, seizing the business of the day and trying to make this a case for emergency legislation, which it is not. So many emergencies confront the country and the world, and it is striking that of all those emergencies—it could be the middle east, it could be Ukraine, it could be illegal migration—the Opposition deem this to be the most important. We know why that is: it is because they have no plan to deal with any of those big issues of the day. They do not know what to say, they do not have a clue, and they change their minds, flip-flippity-flop, all the time, so they have been reduced to talking about this issue.

Given the importance that the right hon. Member for Islington South and Finsbury attaches to the issue—wanting to seize the business of the day, wanting to push through emergency legislation—can she confirm that this will be the first piece of legislation that any new Labour Government would introduce?

--- Later in debate ---

[Esther McVey]

From a sedentary position, I get £1 million quoted at me. I remember, although maybe the right hon. Lady does not, that it was over £1 million in 2010 when Labour lost office, and that is quite a long time ago.

It is for these reasons that the Government do not currently intend to reform severance pay for departing Ministers, although I am happy to review it, as I mentioned earlier. The current system respects the essential constitutional principle that Ministers serve at the discretion of the Prime Minister and that it is right to provide some protections associated with the loss of ministerial office. The principle has applied, as I said, to all Governments since the Act was passed in 1991, and we need to be careful not to change policy on the basis of exceptions that will occasionally occur under Governments of all forms.

[Justin Madders]

If the Minister is going to review the system, can she guarantee that it will be reviewed and implemented before the next general election?

[Esther McVey]

I am sad to say no I cannot, because we have said that it is essential that there is due process on the Floor of this House—not like the Opposition, who want to whisk it through in a day.

We are completely transparent about the payments of severance, and all such payments are published in departmental annual reports.

Regulatory Impact Assessments Bill

Debate between Justin Madders and Esther McVey

2nd reading
Friday 20th October 2023 Commons Chamber

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I thank the hon. Member for Christchurch (Sir Christopher Chope) for introducing this Bill. This has been a wide-ranging debate that has covered a whole range of topics, but it is, at heart, about accountability for Government decisions, and it is clear that there are concerns about that.

It is worth drawing the House’s attention to the report of the House of Lords Secondary Legislation Scrutiny Committee of 10 October 2022, entitled “Losing Impact: why the Government’s impact assessment system is failing Parliament and the public”. I know that minds were probably elsewhere around that time last year, but it is a very important report, and it draws on many of the points that have been raised today. The executive summary of the report said:

“In 2017, we noted that there had been some improvement in the quality of Impact Assessments (IA) provided with secondary legislation. Unfortunately, this improvement has not survived the dual challenges of Brexit and the pandemic, during which time the speed of legislating meant that corners were cut. We had hoped that the return to more normal working would provide an opportunity not just to reinstate the previous IA system but to improve it: this has not happened.”

To pick up on the points raised by the right hon. Member for Tatton (Esther McVey), as the shadow Health Minister at the time I spent an awful lot of days on the Committee corridor opposite the right hon. Member for Charnwood (Edward Argar). Unfortunately, he is not here now, but I am sure he will recall fondly a number of occasions on which we drew to his attention the fact that many of the regulations introduced under the Public Health (Control of Disease) Act 1984 had no impact assessment and very little information to back up the decisions that had been made. We understood at the start of the pandemic why that was not always possible, but as time moved on, it felt that that was a pattern that did not have any justification. This matter is not limited to public health regulations.

[Esther McVey]

Does the hon. Member agree that we need to change the 1984 Act so that we do not bypass the House and go into lockdowns without full scrutiny by all Members of this House?

--- Later in debate ---

[Justin Madders]

That is a bit rich from a Minister of a Government who did not introduce any impact assessments when they first brought in the lockdowns or various restrictions. I can recall on numerous occasions asking Ministers why people were limited to being in groups of six or why pubs had to close at 10 o’clock. We never got a satisfactory answer to any of those questions, so for the Government to try to put that on us is a little rich.

[Esther McVey]

The hon. Member has just said to the House that he did not have sufficient answers for the rule of six and the 10 pm curfew. Does he not think it curious that Members, except for a handful of us here, still voted for them? Even he went along with it and voted for them.

[Justin Madders]

We are not going to relitigate the entire pandemic here, but it is very important to say that the Opposition’s position was to support the Government in trying to get on top of the pandemic. I think it is fair to say that, while we did that, we were concerned there was not always the evidence to support some of the Government’s policies. We took it on trust that they had those conversations with the Scientific Advisory Group for Emergencies and so on, but again, I think those things—the level of detail and the consideration taken before recommendations came forward—will come out during the inquiries.

To pick up on another point from the Lords Secondary Legislation Scrutiny Committee recommendations, it said:

“Our concern is that the number of qualifying instruments which have not followed the IA”—

impact assessment—

“procedure has increased and, given that no sanctions appear to be applied where a department fails to comply, there would seem to be little incentive for departments to improve.”

Obviously, the Bill would create an incentive in the sense of bringing a Minister here every three days to answer for the lack of an impact assessment when one is not produced. As much as I enjoy seeing the Minister, I do not think it would be a particularly good use of parliamentary time to have him come here every three days to explain why an impact assessment had not been prepared. It would probably create an unnecessary pressure to produce one in a rushed manner that might not actually be fit for purpose. On that point, the Minister referred to the Regulatory Policy Committee, which does a kind of audit of impact assessments. It has said itself that around a quarter of all impact assessments are not fit for purpose. If we are to rely on the RPC for approval of the way impact assessments are delivered, we ought to listen to its recommendations a little bit more. They are not always as glowing as we would like.

I will not detain the House any longer, but some important points have been raised.

Fire and Rehire Tactics

Debate between Justin Madders and Esther McVey

Wednesday 15th June 2022 Westminster Hall

[Justin Madders]

Tempted as I am to get into the niceties of devolved powers, what I will say instead is that the people of this entire country need a strong Labour Government that will bring back employment rights for everyone.

As the hon. Gentleman mentioned, the scrapping of the employment Bill, which has been promised by the Government on no fewer than 20 occasions, is symptomatic of a Government that do not see this issue as a priority. Does the Minister accept that a code of practice, even a statutory one, will not be of any use if it comes after the event? Does he accept that it would simply be another factor for employers to bake into their calculations? And does he agree that it will not stop fire and rehire happening again in the future?

I ask all those who oppose the Bill introduced by my hon. Friend the Member for Brent North, which was unfortunately blocked, to put themselves in the shoes of one of their constituents. That constituent might have worked for the same company for 10, 20 or even 30 years, giving loyal service and going the extra mile, and only asking in return for stable terms and conditions that remain constant throughout. But then, out of the blue, even though their job has not changed and they have performed their duties well for their employer, who is still turning a healthy profit, they are told that their contract is ending and that, if they want to remain employed by the company, they will have to work the same number of hours, doing exactly the same job, for 20% less pay than they receive now—and if they refuse, they are out of the door without even a redundancy payment. Is that not an injustice? Is that not an affront to the respect that someone who has served their employer for so long deserves? Is that not something that we in this place ought to be looking to end?

We often talk about the cost of living crisis and how wages have not kept pace with inflation for well over a decade now. The obscenity of fire and rehire makes that difficult situation even worse. We know that if someone is fired and rehired and gets a 20% reduction in their pay, they will not be able to get a 20% reduction in their mortgage or their rent, or in their other household bills. What does the Minister say to people who find themselves in that situation? What should they do?

The destructive combination of weak employment laws, opportunistic employers and an indifferent Government is currently allowing hard-won benefits to be stripped away, with a descent into weakening terms and conditions. It is a race to the bottom, which I am afraid has been accelerated by coronavirus. It is time that race came to an end. The Government say that they are on the side of ordinary working people and that they want to level up the country, but how can they do that if time and again we are shown that an employment contract is not worth the paper it is written on?

I wonder sometimes about the level of understanding in the Government about how modern workplaces operate. Some recent examples of their ignorance include starting a petition asking the Leader of the Opposition to call off industrial action commenced by an independent trade union; leaving notes on civil servants’ desks asking when they will come back in—Cabinet Ministers think that if someone if working from home, they are not really working—and, of course, the obscenity of security staff and cleaners in Downing Street being abused for pointing out that lawbreaking was going on. When it comes to employment rights, this Government are as clueless as they are vindictive.

We do not have to accept that this is the norm. We can return stability and respect to the workplace, we can reward loyalty, and we can end the cruel lottery of fire and rehire. We just need a Government committed to doing those things. But let us not stop at ending fire and rehire. I want to see this country becoming a leader in employment protections, not lagging behind the likes of Kosovo, Estonia and Mexico. Let us end the obscenity of British workers being easier and cheaper to get rid of than workers in just about all the rest of western Europe. Let us end the disgrace of this country always being at the head of the queue when a multinational is looking to make redundancies.

Let us end the mindset that as long as someone has a job, that is job done. It is not—security, prosperity and stability are all under threat from this lopsided legal framework. It is in all our interests that we have strong workforce protections. We grow as an economy and a country when we have secure employment. It is one of the cornerstones of a civilised society, and if this Government do not want to legislate to make that happen, then they should step aside for a Government who do want to.

[Esther McVey (in the Chair)]

Before I call the Minister, I remind him that the hon. Member for Slough (Mr Dhesi) will need a couple of minutes to wind up at the end.

Elective Surgical Operations: Waiting Lists

Debate between Justin Madders and Esther McVey

Tuesday 20th April 2021 Westminster Hall

[Justin Madders (Ellesmere Port and Neston) (Lab)]

As a fellow Cheshire MP, it is a pleasure to see you in the Chair, Ms McVey.

Every Member who has contributed to the debate has spoken with great knowledge and sincerity about the challenge we face as a society. I pay particular tribute to my hon. Friend the Member for Bootle (Peter Dowd) for securing the debate and for his excellent introduction. As every Member has pointed out, he was right to say that we have record waiting lists. We should never forget that we had already seen a huge rise of over 40% in the decade before the pandemic. As some Members mentioned, it is possible that covid is masking an even worse situation. We know that the number of referrals plummeted around this time last year, as the NHS rightly focused all its intention on the pandemic.

As Members have said, we know that the NHS aims to ensure that no more than 8% of patients wait more than 18 weeks for treatment. That is a target that has not been met for five years, so this situation cannot be laid entirely at covid’s door. Indeed, just over a year ago, in February 2020, 17% of people on waiting lists had been waiting longer than 18 weeks. It is clear that the past year has had an impact, because the figure has now doubled to 35%.

Sadly, it is now the case that over a million people have waited longer than six months for hospital treatment. There are now 388,000 people waiting more than a year. Again, that is the highest number on record. That is nearly 400,000 people waiting for things such as knee and hip replacements. As Versus Arthritis points out, they

“are in extreme distress, with many struggling to cope with pain which is impossible to ignore, worsening mental health and reduced quality of life.”

My hon. Friend the Member for Bootle set out clearly some of the implications not just for physical pain, but for mental health and uncertainty about job prospects. My hon. Friend the Member for York Central (Rachael Maskell) eloquently set out the reduced outcomes and difficulties we will face if the process is not followed as well as we would like and patients enter the system at a later date.

As my hon. Friend the Member for Bootle said, this is an issue that cannot and should not be ignored. He described the challenges as possibly overwhelming—an apposite description, given that the Government’s strategy for the last year has been to avoid the NHS being overwhelmed. As that challenge was met, we hope that this challenge will be met as well. He also made the important point that, if we do not get this right, it will cost us more in the long run and will have economic and as well as physical and social impacts. The lessons learned from the pandemic ring true in that respect as well.

When we look very closely at the figures, we see that around 18,000 people are now waiting longer than 18 months. The figures we have relate to people waiting more than a year. Obviously, I have discussed this with the Minister on previous occasions and we hope that we will get the official figures shortly. We must remember that at the moment, we only have details for people waiting over a year, but the information I have suggests that more than 175 people have been waiting for more than two years. Those figures are slightly out of date, as they are from January, but that is a horrendous situation and I hope it has got better in the last few months. If it has got worse, I hope and expect that the Minister will be on the phone to those trusts inquiring exactly why people are waiting over two years to receive their treatment.

The importance of dealing with the backlog quickly cannot be overstated, because of the likely pressure that will manifest itself over the coming months. As my hon. Friend the Member for Bootle said, the Health Foundation has estimated that there could be as many as 4.7 million missing patients. If only three quarters of those are referred to treatment, that would lead to a waiting list of 9.7 million people by 2023-24. Obviously, that is an estimate, but if the Minister has done his own calculation, can he tell us what it is?

Over the last year, the NHS has adapted fantastically to the challenges of covid in a way that has rightly won the respect of everyone in this place and in the country. That has meant decisions have been taken about how treatments should be prioritised. We have seen appointments cancelled, operations postponed and staff redeployed, but even with those challenges, the NHS managed to carry out 1.9 million operations in January and February this year, which Stephen Powis, NHS England’s medical director, said is

“a testament to the hard work and dedication of staff”.

I join him in paying tribute to those staff for delivering that. However, even with that fantastic effort—to put into context the challenge that we face—the number of routine operations in January was down 54% on last year and in February it was down 47%.

Thankfully, I think we are past the peak of the third wave and there are only just over 2,000 patients with covid in hospital, which is the lowest since last September. However, the NHS is still under enormous pressure, with so many people now waiting for treatment, stricter infection control measures and, as many Members have referred to, an exhausted healthcare workforce. We have to be realistic: this could take years to address unless there is a credible and costed plan in place at the earliest opportunity.

Modelling by the NHS Confederation suggests that the sustained impact of the pandemic will leave a backlog of care in excess of anything seen over the last 12 years and that to maintain any sense of control over its waiting list, the NHS will need to increase capacity considerably above levels that have previously been sustained. My hon. Friend the Member for Bristol South (Karin Smyth) referred to the huge efforts that were made by the previous Labour Government to get waiting lists down. It seems that a strategy at least on a par with that will be needed.

The NHS Confederation has said:

“Without a comprehensive new plan, the government faces the…legacy of hundreds of thousands of patients left with deteriorating conditions”.

It warns that the additional £1 billion agreed in the spending review will not be enough to clear the backlog. The chief executive of the NHS Confederation Danny Mortimer said:

“health leaders are clear that the NHS will be recovering for years to come, and this must be appropriately resourced in the long-term.”

He called for

“investment in growing and maintaining the workforce”.

NHS Providers has said that the situation could take three to five years to resolve. Its chief executive, Chris Hopson, said:

“Trusts believe they can clear the backlog within a reasonable period of time”,

but that treating this like another waiting list initiative, relying on overtime and private sector use, will be insufficient. He said that the NHS will need to transform “how it provides care” and that the Government will need to provide

“the extra funding required to enable that transformation.”

As my hon. Friend the Member for Bootle set out, a number of practical steps can be taken to deliver transformation, but they come with a price tag. The Prime Minister was quick to pledge that the Government will ensure that the NHS has the funds it needs to beat the backlog, but how can we have confidence in him when he has already gone back on a promised pay rise for NHS staff? NHS England said that although the £1 billion fund will help, it will not be enough. Of course it will help and it is welcome, but helping is not the same as solving. Nobody, probably not even the Minister, believes that what is on the table represents a solution.

There is no doubt that the NHS has a monumental task ahead of it to restore services, meet demand and reduce the care backlogs, but it also must support staff and take steps to reduce inequality in access, experience and outcomes. Now is the time for the Government to deliver on their promise to deliver to the NHS whatever it needs. It certainly is not the time for another expensive reorganisation, as my hon. Friend the Member for Bristol South said. If that is the road we go down, it is important that patients’ voices are put front and centre of those new bodies, particularly if they are forced to deal with some of those extremely tricky issues.

As many Members said, 10 years of underfunding have left us in this precarious position. The challenge is there for the Minister. The experts say that we can tackle the backlog, but it will need funding. If the Minister can confirm any specific figures, that would be wonderful. I suspect we will not get that today, but at the very least will he confirm on the record that he agrees that the £1 billion that has been allocated so far is insufficient?

To pick up on what Chris Hopson, chief executive of NHS Providers, said about relying on the private sector, we know that huge sums were provided last year. As my hon. Friend the Member for York Central said, we have never had transparency about what that money was spent on. Can the Minister tell us how many NHS patients were seen in the private sector last year, and how many procedures were carried out using taxpayers’ money? I am sure that he is as keen as all of us to ensure that the best value has been achieved.

Many Members said that none of the backlog will be tackled if we do not have the staff to do it. A recent Institute for Public Policy Research report based on a YouGov poll of 1,000 healthcare professionals said that a third more nurses and midwives are leaving the NHS than a year ago. Those figures are scaled up across the workforce—that means 100,000 nurses and 8,000 midwives leaving. With 40,000-plus vacancies already, we cannot afford to lose one more, never mind 100,000 more.

Dame Donna Kinnair of the Royal College of Nursing said that that is

“The reality of a failure to properly invest in the nursing workforce”

and must be a

“wake-up call to the Government.”

It should indeed, especially when we are still waiting for the publication of the substantive long-term workforce plans to deliver a lasting solution to recruiting and retaining the workforce and ensuring there are enough skilled staff to provide safe and effective care now and in the future. That is why it is vital that Ministers bring forward a fully funded plan to tackle the backlog—we have been calling for that for a long time: an NHS rescue plan that will bring down waiting lists and ensure that patients can receive the quality of care that they deserve. As my hon. Friend the Member for York Central put it, we cannot carry on with business as usual.

Let me end with the important comments from Dr Rob Harwood, the chair of the British Medical Association’s consultants committee:

“Without further financial support and investment in increasing staffing numbers, patients will be waiting even longer for care, and there is a risk that patient care becomes unsafe the more exhausted staff become. The future of our NHS, already walking wounded, must not be put in jeopardy.”

The NHS is the jewel in our crown, but it needs protecting, sometimes as much as the patients it treats. We need financial support, a detailed people policy and a credible plan to deal with the backlog if we are to avoid coming back in 12 months to talk about an even worse situation.

[Esther McVey (in the Chair)]

I call the Minister, mindful that we will have a winding-up speech from Peter Dowd at the end.