Exiting the EU and Workers’ Rights

Kevin Foster Excerpts

Monday 7th November 2016 Commons Chamber

[Greg Clark]

This Government introduced the national living wage as well, and I will go on to talk about some other proud achievements. It is a helpful feature of this debate that we are able to say, clearly and unambiguously, that all the rights derived from membership of the EU will be imported into UK law through legislation in this House.

[Kevin Foster (Torbay) (Con)]

Will the Secretary of State confirm that in many areas—for example, paternity leave—workers’ rights in this country are ahead of the European Union minimums and that going through the Brexit process will not change those?

[Greg Clark]

My hon. Friend is absolutely right. This House has had good reason to be proud of the protections we have given workers in this country over the years. We do not need to rely on protections from the EU. We have inaugurated them in this House, and have a proud history of doing so over the years.

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[Neil Gray]

Absolutely, and I will come on to those points later in my speech.

The Health and Safety at Work etc. Act 1974 predates EU rules, but EU standards have led to the introduction of broad duties on employers to evaluate, avoid and reduce workplace risks. According to the TUC, the number of worker fatalities in the UK has declined significantly since EU directives were implemented. The Scottish National party continues to argue for better work conditions and fairer working environments. The protections for workers in insecure employment, including part-time workers, agency workers and those on fixed-term contracts, are enhanced by the EU.

[Kevin Foster]

The hon. Gentleman said that workers should be filled with dread, but should they not feel encouragement, as in so many areas this Parliament has legislated for standards that are higher than the EU minimum, not lower? There is no reason to believe that that will not continue, not least when people want to put election manifestos forward at election time.

[Neil Gray]

I refer the hon. Gentleman to the recently passed Trade Union Act 2016 and hope that he will consider his comments in those terms.

In these challenging times, we have seen moves to zero-hours contracts across many industries, and conditions where workers are vulnerable to exploitation and being trapped in a cycle of low pay. EU TUPE rights introduced important protections for workers affected by contracting out, company buy-outs and even the privatisation of public services. Without those rights, employees in permanent, secure jobs could be placed into more uncertain contracts or have their terms and conditions reduced.

The UK must continue to comply with EU employment law in full, including new rights adopted within the EU, meaning that future Governments cannot remove rights at work. UK workers should not be denied any of the rights enjoyed by working people across Europe. New rights are already under discussion within the EU, such as protections for posted workers, improved rights for working parents and the European pillar of social rights, so UK workers could be excluded from these protections post-Brexit. The TUC has said that

“workers should benefit from the highest level of protection in the EU. It should not be possible for future governments to take the opportunity to compete with other countries on the basis of a race to the bottom on rights at work.”

It is female workers who stand to lose the most from Brexit. Alongside the European working time directive, we also now have protections over maternity leave and equal pay, and better protection from sexual harassment and from pregnancy or maternity discrimination. Women in the UK secured the right to equal pay for work of equal value thanks to the EU, and although there is still a long way to go to close the gender pay gap, the protections from the EU push the agenda forward, rather than backward. We have no idea of what is to come post-Brexit. Pregnant women and new mothers have been protected by day one rights and unfair dismissal rights, and by protection from discrimination. The right to paid time off to attend antenatal appointments is also now secure for pregnant women, keeping them in work. The parental leave directive allows parents to take up to 18 weeks’ unpaid leave to care for a child and protects workers who need to deal with family or domestic emergencies. A staggering 8.3 million working parents qualify for these rights in the UK.

Perhaps one opportunity I can see from Brexit is to discuss where the powers and responsibilities currently held at EU level will reside when the UK leaves. Obviously, we would expect the areas of devolved responsibility, such as agriculture and fisheries, to be automatically devolved, along with their substantial budgets, but I would like this to go further. Last year, during the Scotland Bill debates, we were told that we could not devolve employment law, but it makes perfect sense to do it post-Brexit. It is not just the rights currently enjoyed by workers that we can see being eroded; current and future events are likely to have a detrimental impact on working conditions and the quality of life of working families.

We have a perfect storm approaching for working families. We see the report from the Resolution Foundation today on the devastating impact of the benefit cap, but we also have cuts to universal credit work allowances coming down the line, a potentially devastating spike in inflation predicted to arrive next year, a massive drop in the pound and the potential threat to employment law post-Brexit. Employers and employees alike are demanding information, details and plans from this Government to provide security where there is currently significant insecurity and uncertainty.

This evening we are going to hear, as we have indeed already heard, Tory after Tory trump up—that pun was intended—that somehow they speak for workers in these isles and that somehow because it was Conservative Governments that brought in factories Acts in the 19th century, that absolves them of their most recent disastrous history. So let me remind the House that it was a Conservative Prime Minister who destroyed the lives and livelihoods of mineworkers with generations of unemployment; that it was a Conservative Chancellor who said at that Dispatch Box in 1991 that unemployment was a price “worth paying” for bringing down inflation; and it was those Government Members sitting opposite now who forced through the worst legislative attack on workers’ rights in living memory, in the form of the Trade Union Bill. So forgive me if my party and the people of Scotland do not trust any Tory government with workers’ rights.

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[Anna Soubry]

I am sort of grateful to the hon. Gentleman for that intervention. I have never given up on anything, but I have to understand, as he must, that we were very clear. We said to people that the referendum was their decision and that if they voted leave, they would get leave. However, that does not mean that I would not fight tooth and nail to make sure that the Government go into the negotiations seeking to make sure that we stay a member of the single market, for example.

The hon. Gentleman knows my views on the free movement of labour and people. Along with the right hon. Member for Tottenham (Mr Lammy), I am the most liberally minded—with a small l—Member of this House on immigration. Labour Members have the huge problem that they find themselves looking over their shoulders at the vote in their own constituency knowing, as I hope they do, why their constituents voted as they did. In many constituencies, people voted to leave because they wanted to reduce the number of people coming into our country. We should be clear about that. Labour Members have far more of a dilemma than I have as we leave the EU and try to work out the best deal for our country. I have no difficulty in making the case for us to stay in the single market, and I certainly have no difficulty in making the case for the free movement of people.

[Kevin Foster]

My right hon. Friend may take some solace from knowing that I am in a similar position, having voted in remain in the referendum, while the majority in my constituency voted leave. Does she agree that all the way through the campaign it was clear that if people voted leave, we would leave the EU, but it was never disputed that Parliament would deal with the details of how we did so?

[Anna Soubry]

Indeed. It is right that we in this place should assist the Government in determining our objectives—our underlying principles. I want our Government to go into the negotiations wanting us to stay a member of the single market, with all that that entails. They might not be able to achieve that, but they need some guiding principles and I want that to be one of them.

This Government have a proud record of defending the rights of workers. It is the Conservative party that has restored our economy, which is the foundation of everything else that we do. This is the party that is seeing employment going upwards and the number of people on jobseeker’s allowance going down. It is this party that could claim responsibility—effectively, by virtue of our economic policies—for that huge rise in employment, which means more jobs. If we really want to help workers in our country, we should make sure that they have good, safe, sustainable employment. I am also proud that it is this party that not only introduced the national living wage, but has taken so many millions of low-paid workers out of taxation.

There is far more that can be done to protect the rights of workers. I completely agree that conditions in places such as Sports Direct are totally unacceptable. I wish the local Member of Parliament had raised the matter in this place considerably sooner. I am delighted that our Prime Minister has made it clear that she takes the firm view that among her priorities are workers’ rights, and responsibility among businesses for how they employ people and protect their rights. For what it is worth, I agree that we should have workers on the boards of businesses.

It is important to talk about British people’s rights to free movement and travel so that they may go to other countries in the EU and work. Immigration—migration of labour—is a two-way process. Undoubtedly, our economy benefits greatly from the fact that people come here, whether they are low-skilled, no-skilled, middling skilled or high-skilled. We benefit from them coming to our country and working in our businesses and industry. We would be lost without them. When constituents of mine say, “We want less immigration. We want to send these people home”—that is the tone of the debate that is breaking out in our country—I say to them in quite robust tones, as the House may imagine, “Who is going to do the jobs? Who is going to do the work?” If we look at those areas with the highest rates of employment, that is where there are more migrant workers, because they do the jobs that need to be done. This is a two-way process.

I hope that the Government will think carefully before they rush down a route that leads to over-reducing and over-curtailing the number of migrants coming into our country, for all the reasons that are not the subject of this debate. Many hundreds of thousands of British people have the right to go and work freely in the EU. I think that that right is worthy of being protected.

This debate is not the most important of all those that we shall have when we consider and, more importantly, decide how we leave the European Union. I do not know who chooses the topics—[Interruption.] It is the Government. May I gently suggest to the Government that we should have real debates about the real difficulties, the real dilemmas and the need to make sure that we get the right guiding principles as we leave the European Union?

There is one last thing, which is very important. We talk about the 17 million people who voted leave, but we are in real danger in our country if we forget the more than 16 million people who did not vote to leave. At the moment, they feel forgotten and marginalised. Some of them feel bullied, threatened and intimidated on Twitter and other social media, and that is not acceptable. The job of all of us now is to bring people together and to move forward, not to reheat and rehash all the arguments we have had. We must come together, respect all points of view and move forward as we leave the EU.