(6 days, 13 hours ago)
Commons ChamberI could not agree more. I want to ensure that we move as fast as we possibly can, but I also want to ensure that justice happens, and I do not want to do anything that would undermine the police investigations. I hope that the police will be able to move as swiftly as possible, and we will certainly co-operate with them as swiftly as possible. It is worth bearing in mind, however, that most of the documents that might be envisaged are 25 years old—some are a bit more recent—they may be substantial in number, and many will be in hard copy. I hate to add to the right hon. Member’s fears about the speed with which things may happen, but I think we all want to ensure that we do all this in a proper fashion.
May I ask for some clarification in respect of the police investigations? The Minister may have noted the intervention made by Gordon Brown on Sunday, when he asked constabularies to consider widening the probe on the basis of files that had been released as part of the data dump. I appreciate that the Minister will not be able to comment on what those police forces are planning to do or not to do, but one of the questions that have arisen is whether all Departments, including the Ministry of Defence and the Department for Transport, would co-operate fully with them in relation to anything that they might need. Can he assure me that every single Department, without fear or favour, will give them whatever they need if they wish to widen the investigation?
We will do two things. First, we will seek to comply with the Humble Address as soon as we possibly can, given the caveat that I have already issued about the police investigation. Secondly, we will ensure that every single part of Government co-operates entirely with Thames Valley police and with any other police forces, in respect of whatever they may be investigating. It is not for me, as a Minister, to instruct the police on what they should or should not investigate, or to point them in one direction or another. Former Prime Ministers have a different set of responsibilities. So the hon. Lady is right: I do not want to undermine the investigation, but I also do not want to delay it in any way.
Very much so. As I say, it would have been better if the Government had been proactive on this and had not had to be brought to the House by Opposition parties in order to release the information. I am very glad, though, that the Liberal Democrats have learned from the Conservatives’ Humble Address a few weeks ago. It is always good that once the Conservatives have designed a bandwagon, got it up and running and shown that it can move at high speed, the Liberal Democrats scramble up and get on board—better late than never.
If we go through the sequencing very carefully, we can see that it is possible that there was influence from Epstein, who, we must acknowledge, had not been arrested or convicted in 2001, although there were already rumours and reports about him, and who was, in any case, a highly influential foreign businessman. If it was under his influence that Mr Mountbatten-Windsor was appointed as trade envoy, it would be useful to see what the Prime Minister knew when that appointment was made.
I think the hon. Gentleman is trying to get to a point that deeply concerns me, which is that we need to understand the extent to which the then Prince Andrew was leaning on government for things he wanted. There is an example of this in the recent Epstein files, which contain an exchange between Ghislaine Maxwell and Jeffrey Epstein about how Andrew had written to the Ministry of Defence in order to allow their plane to land at an RAF base in Norfolk on 7 December 2000. Andrew’s influence on government predated his appointment. What we want to understand is the extent to which he was already trying to influence government as a prince and what that led to in his role as trade envoy. Does the hon. Gentleman agree that it is incredibly important to get to the bottom of that?
Ah, 2000. Well, I agree with the hon. Lady—that is an interesting point. If one looks at the precise wording of the Liberal Democrats’ Humble Address, however, I am not sure that something like that falls within its context. She may wish to table an amendment to her own party’s motion in order to get at that.
Transparency is essential in all this. That is why the Conservatives very much hope that the Government will give us transparency quickly. I turn to the point made by the Father of the House: there is a danger that the Government will use the police process as a means of not disclosing certain information. I say that not because of what the Minister has said today so much as what the Chief Secretary to the Prime Minister said yesterday, when, in the context of the Conservatives’ Humble Address, he said:
“I can confirm that those documents will be made available, subject, I am afraid, to the exclusion of one particular item, in which No. 10 asked Peter Mandelson a number of questions. The Met police have asked that to be held back, subject to their investigations…That item will therefore have to be published at a later date, but the documents that are not subject to the Met police investigation will be published very shortly.”—[Official Report, 23 February 2026; Vol. 781, c. 44.]
As the hon. and learned Member for North Antrim (Jim Allister) said, I think it would assist the House if the Government could explain why the Met police has asked that that item is held back.
It would also be helpful if the Government could confirm that there is no bar to them handing that document over to the Intelligence and Security Committee—a point on which Mr Speaker has been very clear. On 4 February, Mr Speaker said:
“the Metropolitan police have no jurisdiction over what this House may wish to do. It will be a matter of whether or not the Government provide the information. I want to let Members know that the police cannot dictate to this House.”—[Official Report, 4 February 2026; Vol. 780, c. 375.]
There is a means that was specifically debated during the original Humble Address that enabled Members of this House—that is, the ISC—to be given this information regardless of the police investigation.
My hon. Friend puts it better than I could; she is entirely right. We have seen complicity by people at the heart of the British establishment—we are in the right place to hold them to account—and the international establishment. Either they turned a blind eye to Jeffrey Epstein’s acts, or they were possibly implicated in them—we do not know for sure yet. But those who turned a blind eye must have known what was going on. It is not normal for an older businessman to be surrounded by young teenagers all the time and to receive massages from them—as we know, there were all sorts of other terrible acts. People thought that was somehow normal, acceptable or even admirable. We heard Donald Trump say that some of those girls were “on the younger side”, as if that were something to be applauded. It is appalling. Those people must have known, and if they chose not to look, they are part of the problem.
The decades-long cover-up must have compounded the trauma suffered by those women, who were children at the time. We must put the victims first and allow the police investigations to go ahead, but we need to look at the wider elements of the scandal too.
Does my hon. Friend share my worry that human trafficking, of which those women were victims, is not currently subject to a police inquiry? It is absolutely right that the police will make their own decisions, but does she agree that the Government must ensure that they have the necessary resourcing so that, if they want to go down that rabbit hole—I urge them to do so actively—they are not stymied by a lack of resources?
Luke Taylor (Sutton and Cheam) (LD)
Thank you Madam Deputy Speaker. You will have to forgive me for dancing around to aid my pained back.
“Power tends to corrupt, and absolute power corrupts absolutely.”
That quote from 1887 is of the British historian Lord Acton, and its explains how power in its most essential form inevitably corrupts. Today we are discussing how that absolute power, that feeling of invincibility, has led to the behaviour that Members across the Chamber are all so utterly disgusted by.
I speak on behalf of all residents who have been in touch with me over the last few weeks, whether they are a republican, a monarchist or ambivalent to the general principle. We see a scandal that is not just engulfing Andrew Mountbatten-Windsor, but dragging in the integrity of the wider royal family. As was said correctly by the hon. Member for Brighton Pavilion (Siân Berry), we must ask who knew what and when. What was known about the £12 million that was paid out to Virginia Giuffre in 2022, and how was that allowed to be used to settle a civil suit concerning allegations of Andrew’s alleged offences? How was that allowed to happen in the first place?
As my right hon. Friend the Member for Kingston and Surbiton (Ed Davey) has said, we have seen one friend of Epstein lobbying for a job for another friend of Epstein, and a 12-year relationship that benefited them both financially, which has resulted in two arrests for misconduct in public office. This Humble Address refers to how that began, and it is absolutely the right place to start. As a politician, trying to convince the public that we are here to serve and represent them, that the conspiracies they read in the darker reaches of the internet are nonsense, and that there is no elite paedophile ring that runs the world’s institutions becomes increasingly difficult when we see links in the files that go directly from the Kremlin to the White House and everywhere in between, including the British royal family.
We talk about standards in public life and integrity, but that is difficult to maintain if such things are known about and the information in the files is understood by the public but we are then unable to scrutinise it or to bring people to this place to ask questions about what has happened. As discussed, the Humble Address covers quite a narrow set of papers about Andrew’s appointment as the special representative for UK trade and industry. However, we have also discussed the parliamentary gymnastics required to get a discussion in the Chamber about the outrageous misdeeds allegedly conducted by that man. We have to call out those parliamentary gymnastics as an outrageous impediment to our performing our job as MPs and we need to dispel them from this place entirely.
We have talked about the implications of Andrew’s position in the line of succession. When the photos of him walking in New York with Jeffrey Epstein were taken in 2011, he was fourth in line to the throne. When that scandal was occurring, he was very close to the throne—it is disgusting. Will the Minister give us an update on legislation that the Government might bring forward to remove Andrew from the line of succession? Andrew is eighth in line now, meaning his position may not be such a worry, but the principle of his being in the line of succession to become our Head of State is obnoxious in the extreme, so I would like to hear an update from the Minister about that.
People understand that we have a living, breathing, constitutional democracy that grows as society better understands things. If the King does not want Andrew to be a prince, it makes no sense that we still have to bring in legislation to strip him of his dukedom and his earldoms, or that he remains in the line of succession and could potentially be King. There are plenty of other things that we need to be getting on with, but there is a certain logic in this instance that just needs tidying up, if nothing else.
Luke Taylor
I completely agree with my hon. Friend.
I thank the Minister for his early acknowledgment of support for the Humble Address. He has engaged constructively with comments about its scope and exactly what it says. I thank him for his supportive attitude, as there has been across the Chamber.
To return to the point about negative privilege and the fact that we cannot speak freely and have had to use a gymnastic approach to get to the point where we are today, I have submitted a number of requests for urgent questions to the Speaker’s office, which completely understandably has not managed to justify a discussion of the scandal as it has unfolded. By necessity, we have had to phrase the motion as an examination of the prince’s arrangements and his use of property, and there have been all sorts of confusing attempts not to discuss certain matters, which, as has been mentioned, have precluded us from doing so.
Lisa Smart
I am grateful to my hon. Friend for her intervention; she made a number of very good points this afternoon reminding us of previous scandals and the importance of ensuring that we learn from them.
In the Peter Mandelson debate a few weeks ago, in which I sat in the same place, I think it was the hon. Member for Bolsover (Natalie Fleet) who talked about shame needing to change sides. That alludes to some of the cultural changes that we need to bring about. We as parliamentarians have a leading role to play in bringing about the cultural changes that we need to see. Anybody who is a victim or survivor must know that the stigma is not with them but with the perpetrators, and anybody who turns a blind eye should know that the stigma is with them for doing so.
Nobody should be above the law, and nobody in public office or in receipt of public funds should be out of the reach of parliamentary scrutiny.
I am reminded of the debate brought forward by the Conservatives on Lord Mandelson and the proverbial parliamentary knickers-twisting that had to happen to work out that the way to deal with the issue of the intelligence services was indeed to allow the Intelligence and Security Committee to look at the papers. Is it not the case that we have the mechanisms in this place to scrutinise most things, but when it comes to the royal family we do not? Even if a Select Committee wants to do something on these matters, we self-censor with our own conventions that we apply to ourselves. Only we can change that. I am curious to know what the Government are going to do and whether there is a mechanism by which we change those conventions, because they are clearly the nub of the issue when it comes to parliamentary scrutiny.
Lisa Smart
Nobody should be above the law, and nobody should be above scrutiny. When good people get together, there is a willingness to embrace creativity and the nerdery of parliamentary procedures so that we can find a way to get to the truth that we need to get to.
Trust in our politics is vital, and trust in our institutions is further eroded every time we have one of these debates. My hon. Friend the Member for Edinburgh West (Christine Jardine) talked about the impact on the reputation of this House and the vital role of trust in politics. There are too many people involved in politics for whom a lack of trust in politics is really useful. The stoking of division and mistrust means that there is space for voices that, in my view, are not welcome and we should reject. It is in all our interests and the whole country’s interest for there to be trust in our institutions and our political set-up.
During the debate we have been reminded of the need for proper processes to be in place. As my hon. Friend the Member for North Shropshire (Helen Morgan) reminded us, not everybody can be relied on to be a good bloke. Many of our systems are based on gentlemen’s agreements and just expecting people to be a good bloke—and as has been repeatedly proven, it is simply not the case that people will be.
I will continue for a moment, if the hon. Members do not mind.
We do enjoy freedom of speech in this House, and it is precious. As hon. Members will know, article 8 of the Bill of Rights says that no proceeding in Parliament shall be impeached in any court of law or any other place, which means we can say things here without the threat of being prosecuted anywhere else. It is a really important and precious privilege, and one that we must guard carefully, which is why we have a sub judice rule. Mr Speaker has decided that the rule does not apply to today’s debate, because no charges have yet been brought—when the sub judice rule applies is quite specific.
I do think that we need to guard that privilege quite carefully, because we have a separation of powers. We do not think that we should have Acts of attainder, with the House deciding by a Bill that somebody is guilty of some crime or other. That is a matter for the prosecuting authorities, and the person is innocent until proven guilty in a court of law.
I think the hon. Gentleman with a bad back wanted to intervene.
Well, yes, and I also think that the truth of the matter is that we probably need more Paul Flynns. I have always been a bit sceptical about independent MPs, but I have always been very much in favour of independently minded MPs, who are one of the backbones that really allow Parliament to function effectively. I love the Whips—of course I love the Whips—but there is a but.
I will give way to the hon. Lady, and then I really do want to finish my remarks.
I hear the Minister’s scepticism about a public inquiry, but the more this debate has gone on, the more I have felt that this is an issue of culture. There are things material to how we have ended up where we are that will not meet an evidentiary threshold and have not contravened any laws, but that clearly do need changing, and what needs changing is the overall culture in our establishment itself. If we do not need a public inquiry to examine this in the round on the basis of everything we know—and I understand his arguments for why it should not be—then how do we do this?
Yes, I myself made all those arguments about phone hacking in 2011. A chunk of us had to persuade our own political party to be brave on the matter at a time when that was not easy, because the whole media were not in favour of us moving on that. The point I would make is that I think the single most important thing for a Member of Parliament is that they should feel able to speak without fear or favour.
(11 months, 2 weeks ago)
Commons ChamberI refer Members to my entry in the Register of Members’ Financial Interests and my union membership. The legislation before us today is truly historic. It is totemic in scale—the biggest upgrade to workers’ rights in a generation. I commend the Minister and the team for the work they have done.
The Bill delivers not only for working families, but for the whole country. It will lead to higher productivity, higher wages and, ultimately, economic growth. These reforms are unashamedly pro-worker and pro-business, in sharp contrast with the past 14 years, when we saw low pay, low productivity and low growth in the economy. Shockingly, productivity grew by just 0.2% a year between 2010 and 2020. Since 2011, we have seen insecure work rise nearly three times as fast as secure work. Whether it be the 800 P&O workers who were sacked over Zoom without notice, the retail workers whose shifts get cancelled last minute and now cannot afford their weekly food shop, or the 9 million people—one in three workers in this country—not protected from unfair dismissal, it cannot go on.
I will talk briefly about some of the measures in the Bill. Day one rights will provide a serious boost for millions of people. Nine million workers have less than two years’ service with their employer, and thus do not enjoy protections from unfair dismissal. I would welcome some clarity around the initial period of employment. What specific timeframe would the measure apply to, and what exactly does it mean? Moreover, I urge the Government to look at what support is available for smaller firms that are concerned about the impact that the measure may have on their costs. Can we consider what more can be done to guide companies through these changes?
Zero-hours contracts are endemic across our economy. So many people with those contracts are given very little notice when their work is cancelled. In some cases, they may have already sorted out their childcare or made travel arrangements.
Let me turn briefly to industrial relations. An important element of the legislation is setting the new framework for industrial relations. The Business and Trade Committee heard from many good employers, such as Jaguar Land Rover and British Aerospace, that work with the unions to create the right employment practices across their businesses. By contrast, we also witnessed the mistreatment of workers and the denial of their basic rights at Amazon, which clearly had problems in the workplace.
The proposed Fair Work Agency, which is welcomed by unions and progressive businesses alike, is a positive move. As we heard in the Business and Trade Committee, the agency needs to be adequately resourced, because it is so important.
I shall turn to some of the amendments that I support. We just heard from my right hon. Friend the Member for Sheffield Heeley (Louise Haigh) about new clause 74. One constituent of mine, Mrs E, was the victim of harassment in the workplace. She was victim to a particular individual who was protected by the management. Ultimately, she had to leave the organisation. He then also had to leave himself. Harassment is such a problem in the workplace, and it is something that must be addressed in this legislation.
New clause 81 relates to modern slavery. The Select Committee heard about the problems of Shein and how companies in the UK have been disadvantaged by the practices of businesses that operate elsewhere.
I wish to talk a bit more about productivity and the points that I raised with the shadow Minister. The legislation is important because it brings not only great benefits to workers, but even greater responsibilities for employers. Tighter employment legislation leads to greater productivity, as we see in France and Germany. Both countries have seen a 20% advantage in their productivity compared with that of the UK. This is why we have seen such a stagnant economy in the UK over the past 10 years.
This legislation is another reminder to the people of this country that only the Labour party can deliver for working families. It will mean less uncertainty at work, less insecurity at work and more money in people’s pockets.
I urge the Government to look at the Fair Work Agency, and particularly at the definitions of “reasonable notice”, “moved” and “short notice”, and to provide clarity on how many weeks the initial and subsequent reference periods should be.
This is a colossal piece of legislation that is so important in this decade. It brings about real change, which is what this party will deliver for working people, thereby boosting productivity and ultimately growing the economy.
I rise to speak to new clause 74, which appears in the name of the right hon. Member for Sheffield Heeley (Louise Haigh). I pay tribute to her and say that the Back Benches are very lucky to have her. May I also pay tribute to Mr B, whose story she told so movingly?
The campaign to redress the power imbalance for those offered non-disclosure agreements in cases of sexual harassment, harassment, bullying and discrimination has been many years in the making. It transcends organisations and it transcends party. I pay tribute to Members past and present of all colours who have been part of this campaign for so long. I was pleased to hear from the Minister from the Dispatch Box that he hopes to continue to make progress, but I hope to urge him to go further faster, and for very good reason. It is long past time that this practice just stopped.
I want to reveal another never-before-told story from ITN. It is never-before-revealed because it is covered by a non-disclosure agreement, which means that I will be using privilege to reveal the details. Before I begin, it is worth saying that the victim is not alone; I understand that there are seven out there from ITN—we have heard another one today—and that investigations have been done by ITN’s board, which is intent on change. This victim is clear that she does not want to cause ITN problems, but she wants MPs to understand the effect that this continues to have on her life and why we need to act quickly.
This young woman was in her mid-20s when she landed her dream job at ITN. She quickly became trapped in what we understand to be a coercive, controlling sexual relationship with an older male editor. He would hurl wild accusations at her and accuse her of affairs with colleagues. She ended up suffering from panic attacks as a result of the relationship. Before Christmas 2019, she finally had the courage to end it.
When she returned to work in January, she had been demoted. Her hours were reduced and so was her pay. The first editor she told warned her to stay silent. She said: “You don’t want to be one of those women who always moan about being wronged.” She then confided in a more senior editor, and things got worse. She told her: “It’s not like he ever hit you. It’s not like you ever had to go to A&E with broken bones.”
She went to work every day for the next year. It took ITN months to agree to an HR investigation into what happened. It agreed only on the condition that she would also be investigated. HR found that it could not assess the complaint because it was criminal in nature, but at the same time found it to be unfounded. That makes no sense. Around this time, she asked a question at an ITN women’s empowerment forum, in front of all staff, during the pandemic. She simply asked, “What support is there for women who report alleged sexual harassment in the workplace?” Within an hour, her email had been cut off. HR summoned her to an urgent meeting; her primary offence, it would seem, was asking for help.
From that moment, she was suspended without pay. She had been completely cut off from almost all support networks for about a year. ITN told her that she was not allowed to tell anyone—except the police, to be fair—what was happening. Even her best friend had to sign an NDA to attend a meeting to support her. The NHS offered her group therapy for her anxiety, but she felt that she had to decline because the organisation insisted that she stayed silent. Her lawyer said that the organisation was trying to starve her out in negotiations over her exit. They took years. By the time they got to a settlement, she had racked up £70,000 in legal fees.
Mrs Russell
I know from experience that it is a practice of employment lawyers who work for employers to go on to Google Maps and look at the houses in which complainants live, to assess the assets that they are likely to have and whether they are likely to be able to afford to continue their defence to tribunal, or whether they could be offered a smaller amount as a settlement. Does the hon. Lady agree that NDAs are providing cover for that?
Absolutely. This is exactly the kind of behaviour that we need to put a stop to.
The young woman eventually reached a settlement, but it was extremely one-sided. She panicked, because the NDA gagged not just her but her partner, her best friends and her parents, but it did not gag the men or the senior executives involved in the harassment that she faced. It covered not just business matters—we are not seeking to stop confidentiality agreements on business matters—but everything painful that she had endured. Her mental health spiralled and she ended up in hospital. Every day that she was in a hospital bed, the lawyers sent her automatic reminders to sign her NDA. This was a woman at her most vulnerable. It is entirely wrong that she was put in that position.
It is worth saying that almost none of that NDA is enforceable. It if was taken to court, it would fail. The Victims and Prisoners Act 2024 makes it clear that she should have been able to get that support. We are kidding ourselves if we think that NDAs are not still being used and issued. They are. That is why this Bill—whether now, in the Lords or wherever—needs to put a stop to it.
Many years on, following an investigation into the treatment of these workers at ITN, the woman does believe that the organisation is trying to change, and she is grateful to the executives from within who are pushing for reform. The latest update is that ITN is willing to renegotiate her NDA. That is laudable, but she should never have been put under one in the first place, and those protections should be everywhere.
We face a weird situation which we in the House have created. In the Higher Education (Freedom of Speech) Act 2023, there is a provision—it was tabled as an amendment by Labour and taken on in the Lords by the then Conservative Government—that says that such non-disclosure agreements are not allowed, but it covers only higher education settings, because that was the scope of the Act. I am an Oxford MP. How does it make any sense at all that I might have a constituent who is protected from such non-disclosure agreements if they work for the university but not if they work for any of the university spin-outs?
Josh Fenton-Glynn
The hon. Member is making a powerful speech. I pay tribute to the people who have shared their experiences. Does she agree that the people we are talking about have means and support networks, and that without these protections the most vulnerable in society will be affected, which is why getting the laws right is so important?
I thank the hon. Member very much; these people are indeed incredibly brave. What we are trying to show is that it happens to men and women, it is discrimination, it is sexual harassment, and it is ubiquitous—it is happening everywhere and it is happening now. We are not seeking to silence people. In fact, new clause 74 says that if a victim wants an NDA for whatever reason, they would be allowed one. The new clause simply seeks to redress the gap.
How can it be right that, sometime soon, in some establishments, workers will be protected and that in others they will not? It is time for the Government to sort this out. The new clause does not say exactly how they should do that, but that the protections afforded to all workers anywhere should be the same as those afforded in universities. It would give the Government six months from the Bill’s enactment to sort it out, which should be plenty of time. Arguably, they should be able to tackle this with something in the Lords, which would give them a bit of extra time.
I urge the Minister not to wait for some other Bill or some other time. I welcome the meaningful words that we have heard from the Dispatch Box. However, I also urge him to look back—I appreciate that that is not to this Government but another one—because we have heard this before. The campaign has transcended parties and transcended years—it has transcended Parliaments. We are making slow progress; meanwhile, victims continue to be hurt day after day. Every day that these NDAs—often made in perpetuity—endure, that hurt and trauma continues. Please, let this be the Government who put the abuses of non-disclosure agreements where they belong—in the trash can—so that we finally afford the protections that we are about to give to all university workers to every single employee.
Imogen Walker (Hamilton and Clyde Valley) (Lab)
As per my entry in the Register of Members’ Financial Interests, I am a member of GMB. My union membership has given me reassurance for many years that I have backing if I need it. I am conscious that although in this place we may be listened to when we speak up, for too many people insecurity and lack of respect at work are an everyday experience.
Businesses suffered under the failure of the previous Government to act when reform was needed. That was not in this area alone, of course, but today we are speaking about the relevant amendments. We can come back to their other failings another day—or perhaps on more than one other day—because this is the time for action and we are the party of business.
Everyone should have a contract that reflects the hours that they work. There is a place for flexibility, but people need to sort out transport and childcare and plan their household budgets, so we will ensure that agency and low or zero-hours contracts work for both sides—for businesses and workers. For too long, zero-hours contracts have often been at the expense of people who are just trying to make a living for themselves and their families. We will put a stop to that.
A day’s work deserves a fair day’s pay, and giving the Fair Work Agency the power to bring civil proceedings and issue penalties is an important move. The vast majority of employers respect the rights of the people who work for them and have nothing to fear from that. In fact, they will welcome the levelling of the playing field. As they tell us all the time, their good practice must not be undermined by the unscrupulous minority.
We also say that everyone should be free from harassment when they are at their place of work. The message that Conservative Members send when they object to that protection—to, among others, the many thousands of young women who have been harassed at work—is appalling. In contrast, we believe that everyone deserves respect at work, whatever the industry they work in. I want to reassure, among others, workers in the hospitality and retail industries that they matter, they deserve better and we are on their side. Further, when issues happen, it is to everyone’s benefit to resolve them quickly. We will fast-track decision making and back that up with robust fines. That helps businesses and workers and it minimises stress, cost and delay.
I am pleased that the Bill is welcomed by many of our leading employers, including Centrica, as already mentioned. I know Centrica well; it has a training academy in my constituency. Its chief executive, Chris, is fully supportive of the legislation as not just the right thing to do but as a foundation for a high-growth, high-skills economy and the progress that our country needs.
A stable workforce will help both employers and workers. The chaos of repeated strikes has damaged businesses and services and left our country reeling. The Conservative party may be instinctively opposed to empowering ordinary people, but on the Labour Benches, we say that these are the people who keep our country going and they have the full support of this Government.
(2 years, 5 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Ms Ali. I start by congratulating the right hon. Member for Basingstoke (Dame Maria Miller) on securing this important debate. As we have heard, non-disclosure agreements were designed as a legal tool to protect trade secrets, but they have a dark side. There is now overwhelming evidence that they are being used to cover up bad behaviour, and buy victims’ silence. They have become insidious and pervasive. One survivor described it as
“a way of companies and people avoiding accountability”.
NDAs can take many forms. They can be stand-alone agreements or a single clause subtly included at the end of a contract generated by a lawyer or anyone else. The effect is what is important. An NDA for these purposes should be defined as any clause that has the effect of gagging a victim. It is usually in perpetuity, which itself is extraordinary when thought about in legal terms. It stops them speaking about their experiences for ever more.
Many NDAs are not legally enforceable, but the victims I have spoken to would not have a clue. They never have a clue—and I am not sure I would, frankly. I am not a lawyer. If I were given something on official headed paper and told that someone knowledgeable had looked at it and thought it was the best thing for me, and I was at my wits’ end at the end of a discrimination case, I would just want it all to go away, too. That is tempting, and we can understand why people in that moment—when presented with that way out—take the money, sign the NDA and run.
However, we also know that NDAs hold immense power over victims. Often many years later, long after the effects should have been forgotten, they are retraumatised over and over again. Imagine someone facing a discrimination charge at work who has had to leave. They then have a further interview where they are asked about why they left, and they cannot say. Over and over again, forevermore, they are forced to remember. Many are victims of NDAs; I put it in those terms specifically because NDAs themselves cause harm. The point is made by the right hon. Member for Basingstoke in her amendment, which I very much support, to the Victims Bill: in these cases, it is the NDA itself—the silencing—that is traumatising.
I was involved in this campaign initially through students. I am delighted that through cross-party support we had an amendment accepted to the Higher Education (Freedom of Speech) Act 2023; that is amazing. One of the young women I spoke to was a victim of sexual assault in her college. She was assaulted by another student. She was presented with what looked like an official document—it was not actually a legal document at all, but she did not know any different. There was essentially a gagging clause. Some clauses said that the assailant was not allowed into her accommodation or where she ate, which we absolutely support. However, a final clause said that she could not speak about her experiences publicly at all. When it was discussed at the time, it was sold as a way to protect her reputation. She should not have been talking about it on social media or Lord knows what damage it would cause to her later. Not only is that infantilising to a women—albeit a young woman, but an adult woman none the less who has the right to make her own decisions—but let’s face it: the reputation being protected in this case was that of the university and the college.
I thank the hon. Lady for giving way and for her support today. She talks about the importance of protecting reputations. The reason why employers sometimes say that they want a non-disclosure agreement signed is that it will save an individual leaving a company and starting to talk badly about those left behind. Surely, we already have laws on defamation that cover that, so that is not a very good argument. Does she agree?
I absolutely agree with the right hon. Lady. The problem is that the clauses are so wide-ranging; they are often not specific about time or what exactly they are allowed to say. We are not talking about any kind of confidentiality for when people are going through mediation, because that is time-limited; that is obvious. If mediation is going on, there would be a period where both parties would be asked not to talk about it. That is not what we are talking about here. The right hon. Lady and I have had a lot of engagement on this issue, and others have too. We have gone through every argument. There is an answer to every single rebuttal now. We have explored the logic. There is only one thing left to do.
We are falling behind. Other countries are ahead of us now, particularly in North America. Prince Edward Island in Canada has passed legislation that has essentially done what we are discussing. It is new, but it seems to be working. There is also the Speak Out Act in the USA, which was passed in 2022. It prohibits non-disclosure and non-disparagement clauses being agreed to in disputes involving specifically sexual misconduct. Other countries are also moving in that direction. We have seen a watershed moment following incredible campaigning by Zelda and others that is now forcing the issue, and we are falling behind as a nation.
We have golden opportunities in front of us. We have the Victims Bill; I urge the Government to look at the right hon. Lady’s amendment. I have also put one down that does the obvious thing of mapping the language in the Higher Education (Freedom of Speech) Act on to the Victims Bill. Given that people who sign these types of NDAs are victims, I think it is in scope. Either way they are complementary, but the Government need to do something that is not sector by sector. It should not affect one place or another. There is a bizarre idea that if an academic is living next to someone who works in a shop in my constituency, the academic is covered, but the person who works in the shop is not. Come on!
The Government have to do something—if not what we have suggested, then what? I have tabled a private Member’s Bill and the King’s Speech is coming, so the Government can borrow it if they want—I am sure that they will come up with their own—but doing nothing is not an option.
I will end simply by lending my voice to one of the victims, who signed an NDA and said:
“I relinquished the right to speak my truth; to reach out to and support other employees who were experiencing the same mistreatment that I faced.”
I very much hope that in his closing remarks the Minister will think of those victims and those people who are trying to do good. He will find that many people are willing to have his and the Government’s back if they decide to move, and it would not be before time.
(2 years, 5 months ago)
Commons ChamberIt is a pleasure to bring this Bill back to the House. It is crucial in ensuring that we can bear down on kleptocrats, criminals and terrorists who abuse our open economy, while also strengthening the UK’s reputation as a place where legitimate business can thrive. I am pleased to say that the Bill is now in a better place and there is a great deal more of it than when it left for the other place back in January. When introduced, the Bill ran to some 239 pages; it is now closer to 400. That reflects the spirit of genuine collaboration across both Houses and the fact that the Government have listened and taken many sensible proposals on board. I take this opportunity to thank Members of both Houses for their collaborative and cross-party approach.
The Government made significant amendments to the Bill in the other place. It is now unquestionably a milestone piece of legislation that takes the UK’s fight against economic crime to an entirely new level. I will summarise a few key changes, starting with the game-changing reforms to corporate criminal liability. As the Minister for Security, my right hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), committed to, the Government tabled amendments to introduce a new failure to prevent offence, which will drive cultural change towards improved fraud prevention in organisations and, failing that, hold organisations to account with prosecutions if they profit from fraudulent actions.
I thank the Minister for giving way so soon. It is undoubtedly a positive thing that failure to prevent, or at least part of it, has now been included in the Bill, but does he have any sympathy for those warning that because this measure is targeting the larger firms, the small boutique firms—the one-man bands that are very aware of what they are doing and know how to get around the system—will still be allowed to freely operate? Would he consider supporting the Lords amendment that would close that particular loophole?
I will speak in detail to the various amendments, including the non-Government amendments, one of which is on the threshold that the hon. Lady refers to. If I may, I will defer addressing that until later in my remarks.
The Government have also introduced reforms to the identification doctrine for economic crimes to make it easier to prosecute corporations in their own right for these offences. The House will know that this is the largest and most meaningful change to corporate criminal liability in decades. It will have a transformative effect on our ability to hold corporates to account for the actions of criminal individuals. I thank my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) and my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) for all their work and engagement to further the cause for the reform of corporate criminal liability.
We have also made amendments to tackle strategic lawsuits against public participation, known as SLAPPs, that feature economic crimes. We believe that this is the first national legislation in the world to combat SLAPPs. The new clauses will enable an appropriate, fair and effective early dismissal procedure against SLAPP cases. I very much thank the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) for his work in this area.
Members will also be pleased to hear that the Government have tabled amendments to improve the new statutory objectives for the registrar of companies, and I hope my hon. Friend the Member for Barrow and Furness (Simon Fell) and the hon. Member for Feltham and Heston (Seema Malhotra) in particular will welcome these improvements, given their previous amendments.
We also recognise the points made by several Members of this House, as well as in the other place, about the role of authorised corporate service providers in the identification process, and we have tightened the framework. Our amendments will improve the transparency of ACSPs, including by requiring verification statements made by ACSPs when they carry out ID verification on behalf of an individual to be made publicly available on the register.
Furthermore, we have tabled a number of important amendments to strengthen and increase the transparency of the register of overseas entities, which I trust the hon. Member for Aberavon (Stephen Kinnock) and the right hon. Member for Barking (Dame Margaret Hodge) will welcome, given the amendments they proposed in Committee. I must pay tribute to my ministerial colleagues Lord Sharpe of Epsom, Lord Johnson of Lainston and Lord Bellamy for all the work they have done to get this important Bill to where it is now.
(2 years, 8 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I beg to move,
That this House has considered e-petitions 623243 and 627984, relating to the definition of sex in the Equality Act 2010.
It is an honour to serve under your chairship, Mrs Cummins. I am pleased to open the debate on the petitions on behalf of the Petitions Committee. One petition calls on the Government to update the Equality Act 2010 to make the characteristic of sex refer to biological sex, and the other petition calls on the Government to commit to not amending the Act’s definition of sex.
Opinions about the relationship between biological sex, gender identity and the law divide organisations, political parties, and even family and friends. Many people have told me that this is something that they are afraid to speak of, and some say it should not be discussed at all. Others have told me of how they are relieved and happy that we are finally discussing it in Parliament.
I am grateful to the hon. Member for giving way so early on. On her point about people being scared to talk about the subject, is she also aware of people like my constituents, who have written to me to say that they are scared that it is going to be talked about? Whenever such things are spoken about in Parliament, there is then a rise in hatred and violence. I thank you, Mrs Cummins, for your words about being courteous, but does the hon. Member understand the worry there is in some communities that the debate is happening, and would she urge other Members to stay compassionate and open minded?
When the hon. Member listens to my speech, I think she will understand the compassion with which I speak. She will also understand that we are in a difficult position: we are legislators, and where there is something that needs to be addressed, as there is in these two petitions, it is down to us to stand up and make that change and have the conversation. It goes with the job, I am afraid.
Members from all parts of the House can model the respectful, adult conversations that are needed across society. We can demonstrate, here at Westminster, that we can freely express and listen to different opinions. This is a set of issues on which views are held profoundly and with good intentions. The nature of this debate means that those views differ across the House, and even within our own respective parties.
I was in education for 20 years before coming to this place. My priority has always been the wellbeing of those in my care, be they adults or children. I am afraid that asking probing and difficult questions to get through issues and problems is in my nature. I will not be cowed when looking out for my constituents, be they lesbian, gay, bisexual or trans. The conversations that I get the most out of are the ones where I explore, learn and am able to disagree agreeably.
It is a mark of adult politics not to pretend that we are in perfect agreement on every issue, and Westminster Hall debates like this offer the opportunity for us to explore issues, free from the usual pressures of votes and the instructions of the Whips. This is a debate that will explore the difficult interrelationships that exist between rights, and it will mark the difficult lines between which individuals’ and collective rights are drawn. However, it is for the House to decide the way those rights are formed and how they are interpreted. We are holding this debate on behalf of individual people facing discrimination, and in support of service providers and public servants who have a deep commitment to reducing discrimination and to providing safe and welcoming environments. Our task is to make decisions on the boundary of rights and to take responsibility, rather than passing it on. We may draw different conclusions from historic debates on the legislation, but our responsibility is to make our decisions on what would be the right law to have now.
In order to prepare for the debate, the Committee Clerks arranged for me to meet the petitioners and organisations supporting these two petitions. I thank them all for their time and input. The House of Commons Library has also produced a debate pack that covers the complexity of the legal issues behind the two petitions. I am most grateful to everyone who has spoken to me, because there are two broad positions. Those who support the petition to update the Equality Act say that the law should be clear about the two sexes, and that it was never the intention of the Act to make it difficult or impossible to have sports that are for biological females only; to protect services that are for women, such as domestic violence refuges; to assure an elderly woman or a woman getting a smear test that, when she asks for a female carer or nurse, she has the right to be treated by a biological woman; to provide single-sex spaces where women are undressing and washing; for same-sex-attracted people to have opportunities to associate with each other; and for the public sector equality duty to consider the needs of women separately from those of trans women.
Kate Barker from the LGB Alliance and Julie Bindel and Tamara Burrows from the Lesbian Project, who support the clarification of the Equality Act, explained to me that the protected characteristic of sexual orientation is contingent on the definition of sex as biological, and that the Act did not intend to remove the rights of association for same-sex-attracted lesbians. I heard how, for the lesbians I met, biological sex is fundamental to understanding their rights as same-sex-attracted people, so the grey area that we have is creating ongoing problems for lesbians. If we do not say that “sex” in the Equality Act means biological sex, we may as well scrap the protection of sexual orientation. They said that the protected characteristic of gender reassignment exists. Trans people are able to hold their own separate groups under the protected characteristic and can also associate with lesbian groups already open to them; so the question posed was: why cannot lesbians organise lesbian-only spaces?
The Lesbian Project is an organisation that wants to research and study lesbian lives and survey lesbians. If trans women are included, it renders the research meaningless and pointless. This is not, I was told, about being anti-trans; it was about the bedrock of being a lesbian, and a lesbian is a female attracted to females. It was highlighted that there must be protections for trans people, but not at the expense of women’s rights. It is becoming a barrier to lesbians in coming out, which is a huge problem for them. The question for many is: should women be allowed female-only associations? Should it be easy and straightforward for women to be able to undress, shower and use a toilet in female-only spaces?
Those who want the Equality Act to stay as it is say that trans people are already using services for the opposite sex without concerns, regardless of whether they have a gender recognition certificate or not, and that not allowing them to do so would be harmful and detrimental to their human rights. It is therefore the responsibility of society and lawmakers to ensure that people are able to access opposite-sex facilities, services and sports. I would like to take this opportunity to thank Dr Finn McKay, Robin Moira White, Dr Paul Martin and Nancy Kelley for taking the time to speak to me and to explain the situation for that petition. Where this causes a problem is likely to be very rare, and a transgender person may be excluded on an individualised, case-by-case basis. Some of those arguing for no change to the Equality Act believe that trans women are women and trans men are men, and that therefore—
It is a pleasure to serve under your chairmanship, Mrs Cummins. I thank the hon. Member for Gower (Tonia Antoniazzi) for opening the debate.
As I see it, the debate on women’s rights is much too important to be left to social media alone. I am a father with two young daughters, so this issue is very close to my heart. I think it is the job of Parliament to ensure that laws are clear and fair; it is our duty. We have an opportunity to protect children, uphold women’s rights, and bring about the beginning of the end, I hope, of the shouting matches and hyperbole, replacing them with some calm and common sense on the issues raised by the petitions.
I know that not everyone will agree with what I am about to say, but that is the point of Parliament. We should all be able to air our views freely and fairly, and the Government should act accordingly. One petition is about a very specific point of law, but the point is widely felt. The legal definition of sex matters in so many areas of life: schools, sports, health, crime and prisons. I want the rules of our society to be safe, clear and fair, for my daughters as much as for women and girls across Britain.
A Policy Exchange report, “Asleep at the Wheel”, found that 60% of schools are not maintaining single-sex sport, 19% of schools are not maintaining single-sex changing rooms, and 28% are not maintaining single-sex lavatories. Such provision at school is essential for the privacy, dignity and safety of pupils. A further Policy Exchange report, “Gender Identity Ideology in the NHS”, found that North Bristol NHS Trust was not willing to guarantee same-sex intimate care or same-sex accommodation to patients, stating:
“These arrangements meet all national standards relating to single sex accommodation.”
That is despite the trust’s biggest hospital recording up to 30 alleged instances of sexual assault against females having taken place on hospital property.
The way I see it is that we need to ask ourselves three questions. Do we want women and girls to be forced or shamed into sharing loos, changing rooms and dormitories with biological men and boys? Do we want women and girls to lose female-only sports, even though we know that the physical advantages of being male relate to sex and not gender identity? Do we want some of the most vulnerable people in our society—children in care homes, patients in hospitals, and women in homeless shelters, rape crisis centres or even prisons—to have the dignity, safety and privacy of single-sex spaces stolen from them?
I say no. But that is what happens if the law is ambiguous about the meaning of sex. I do not want schools, doctors, hospitals to have to lie to me or to other parents because they have been bullied or shamed into thinking that it is bigoted to use clear words. I just want to make a plea for a return to everyday, common-sense language. To be clear, that does not take away from the rights of anyone to live as they choose. The words for people who were born male are men and boys. The words for people who were born female are women and girls. Biologically, males cannot become females and vice versa. That is true whatever pronouns people want to use for themselves, whether they wish to take hormones or have surgery. These are plain, biological facts, but they have become controversial.
Many people tell me that you have to be brave to say those facts. That is wrong; everyone should be able to. But if it is anyone’s job, I believe that it is our job to harness this place to speak out and speak the truth and to stand up for everyone’s rights. That means using clear, accurate, unambiguous words both in our speeches and in the law. Surely no one here wants to take away from anyone’s ability to express themselves as they wish, identify as they feel is right or to live their own life. I do not, but rights come with responsibilities. That is why we must be clear about what it is we are legislating for.
That brings me to the specifics of the proposed amendment in the petition. It concerns the Equality Act, which is the law about discrimination—sex discrimination, age discrimination, religious discrimination and so on. The amendment is primarily about one strand: sex discrimination. The petition asks the Government to clarify in law, for the avoidance of doubt, that the term “sex discrimination” in the Equality Act means what it always has: discrimination because of the sex someone is, male or female. Having a gender recognition certificate does not make biological males female or biological females male, so it does not make a difference when it comes to sex discrimination. That is it. We are just making sure that the Equality Act aligns with reality.
This is not a new principle. It is not about what is said on social media or in the so-called culture wars. In 1597, Edward Coke, the Attorney General, told Parliament that the law cannot do the impossible. The example he used was the law cannot make a man into a woman. I believe that he was right then and that he is right now. Let me be crystal clear: to agree to this amendment does not take away any rights from anyone else. There is already a separate protected characteristic of gender reassignment. Someone covered by that already, rightly, has protection against losing their job or being refused a tenancy or service because of being transgender.
I remember that when my first daughter was born we did not find out the sex before, so there was a 50:50 chance. That is basic biology. We all know what the two sexes are. We all know what sex we are and what sex our children are.
I am sure that the hon. Lady will deal with that in her comments and that she will be staying for the whole debate. I will conclude my remarks so that other Members can have their say. I want to talk about the fact that we all know which sex we are and what sex our children are. We know that the two sexes—male and female—are fundamental to our very existence.
So much has changed for women and girls from the time of Edward Coke 400 years ago, and from even 50 years ago, when sex discrimination was first made unlawful in the United Kingdom. I ask the Minister to ensure that the law does not try and do the impossible. It is up to us. Let us not go backwards. I urge the Government to act now to protect the lives of women and girls.
(2 years, 9 months ago)
Commons ChamberWell, £90 billion is the amount of Labour’s uncosted spending plans, but let us talk about the £20 billion for now. The hon. Member is absolutely right to raise the issue of late payments. I attended a roundtable yesterday as part of our payment and cash flow review consultation, which is hugely important. We have significant engagement with businesses across the piece. We are determined and ambitious to reform the rules on late payments to ensure that businesses get paid on time. We have made significant progress in recent years in our international performance, so we are not an outlier. Nevertheless, we can and shall do more. The results of the consultation will be made available shortly.
Non-disclosure agreements can be used legitimately by employers—for example, to protect commercially sensitive information. The Government understand concerns about the use of NDAs to silence victims of sexual misconduct. We have legislated to prevent higher education providers using NDAs in cases of sexual abuse, harassment or misconduct and other forms of bullying or harassment.
Imagine, Mr Speaker, that you are a victim of bullying, misconduct or sexual harassment at work, and your employer pushes you to sign a gagging clause preventing you from publicly disclosing what happened to you; this sits over you in perpetuity, reminding you of the trauma you experienced. The campaign group Can’t Buy My Silence will soon be launching a business pledge to commit to ending this practice in businesses for good. Will the Secretary of State consider meeting me to discuss this forthcoming pledge, and does she back a ban on the use of NDAs in these specific cases?
I am aware that the hon. Member had a private Member’s Bill on this very issue. The Government are supportive of preventing harassment in the workplace, and we supported the Worker Protection (Amendment of Equality Act 2010) Bill. We believe that NDAs have a place, but she has raised specific circumstances where they are inappropriate, so I am happy to discuss with her what we can do to stop this problem from continuing.
(2 years, 10 months ago)
Commons ChamberI thank my hon. Friend for all his hard work as Trade Minister and on continued strong bilateral relations with Indonesia. I may have misspoken—I think I might have meant Thailand when I said Indonesia in relation to the long list of countries that we are accessing—but he will be pleased to know that a lot of work is being done to continue strengthening economic ties and relations. These are all countries in the Indo-Pacific; they have huge populations and love the UK, not just because he has been visiting and touting all our good works—although that has played a large part in it—but because of the soft power and good diplomatic and global outreach of our civil servants, whom he mentioned, and our diplomats worldwide.
I was worried by the Secretary of State’s answer to the right hon. Member for Leeds Central (Hilary Benn) on what we would do if China asked to join. Given the work that has been done in this House, particularly on the Uyghur genocide and on the abuses of human rights and democracy in Hong Kong, I hope that she will join those of us who want to hold China to account. The idea of giving China preferential tariffs right now, or at any point in the near future, is unconscionable. Does she perhaps have warmer words for Taiwan, which has tentatively expressed an interest in joining the trade group, and will she consider having a positive thing to say for Taiwan if it wished to do so?
I thank the hon. Lady for her question. I know what she is trying to do, and I appreciate the effort, but it is not my job, as Trade Secretary, to make foreign policy at the Dispatch Box on an agreement that China is not in. These are hypothetical, speculative questions. They are serious ones, but I am not the Foreign Secretary and it is not for me to answer them. We have had multiple debates in the House about the economic challenge that China presents, as well as on many other issues relating to China, but it has not even joined the bloc. Throwing our weight about and saying who we would or would not block is not the right way to go about things. However, I am very happy to extend warm words about Taiwan. She will know that Government Members have done and said a lot to ensure that it continues to do well economically. It is not for me to go into specifics; it is best for me to be appropriate in the remarks that I make at the Dispatch Box on international diplomacy and foreign policy.
(2 years, 11 months ago)
Commons ChamberMy hon. Friend is absolutely right, which is why I commissioned through NHS England a review of 111. It was initially designed for a different purpose. That allows the GP service to be the front door it has become in the NHS. Through the chief executive of Milton Keynes University Hospital, we have done significant work on the NHS app, so it can better enable patients to get to the right place for the care they need.
In January, over 45,000 people in Oxfordshire waited more than two weeks to see their GP and 12,000 waited over a month. The top reason given when I visited surgeries was that they simply cannot recruit the doctors they need. For example, Kennington health centre has been forced to close part time because it cannot find a replacement for a retiring partner. That is clearly unsustainable. Will the Secretary of State consider introducing a weighting for GPs in areas of high cost of living outside London? Will he meet me to discuss the specific issues in Oxfordshire?
The hon. Member is right to highlight the pressure on primary care, which is why, in the answer I gave a moment ago, I said it is also about looking at the wider skills mix within primary care. She mentions doctors specifically. We have 2,200 more doctors in general practice than before the pandemic. It is about having the right skills mix alongside the doctors to meet the significant increased demand since the pandemic.