Enterprise Bill [Lords]

Lord Jackson of Peterborough Excerpts

Wednesday 9th March 2016 Commons Chamber

[Mr Burrowes]

If my right hon. Friend will be patient, the purpose of my speech is to explain the reasons why I oppose the Government. We need to look at where the Government are taking us, even though they are trying to get there through a permissive, devolutionary approach. It is based on the premise that the deregulation of Sunday trading is good for small businesses, families and workers. We need to look at that premise. Deregulation is a one-way valve that local authorities would have the option of taking. I know that many Conservative Members are pure localists, who might want the decision about whether to restrict or deregulate Sunday trading to be a purely local one. The Government make the case that this is good for small businesses, but I object to that. I want to look at the way in which the Government have approached the question and carried out the consultation.

[Mr Stewart Jackson (Peterborough) (Con)]

I thank my hon. Friend for his speech and his strong leadership on the matter. Does he agree that the Government’s case would be more compelling had they abided by the undertaking that the Minister has twice given to publish the impact assessment, which we are led to believe is positive and favourable? So far, the Government have not done so.

[Mr Burrowes]

The impact assessment has been published today. That is important. The Bill has already received some scrutiny in Committee. The Sunday trading proposals were introduced in Committee; they were not in the Bill on Second Reading. The Bill started not in this place but in the House of Lords. Therefore, the Sunday trading measure received no scrutiny in any of the stages in the House of Lords.

Following the consultation, we were promised that the impact assessment would be published, as we would expect with any measure, not least such an important and controversial one. The impact assessment was published today, and it includes several paragraphs about the family test, for which I and others have asked for some time. Back in October, I asked when the family impact test would be published, and I was told that it would be published before the Committee stage. In February, I asked again when it would be published, and I was told that it would be published alongside the Government’s consultation response. That did not happen. After that, I was told that it would be published shortly. It has been published today. I do not think that is acceptable.

--- Later in debate ---

[Mr Burrowes]

The issue about tourists is not for me. I will leave my right hon. Friend the Member for Meriden (Mrs Spelman) to make such a case in relation to her amendment 19.

I want to turn to the substance of the issue, which is first of all about process. This is a controversial matter. No one who has been around for a while and who has listened to people’s concerns will deny that it is controversial. That is plainly the case given that it divides opinions so much in this House.

[Mr Jackson]

Will my hon. Friend give way?

[Mr Burrowes]

I want to make some progress.

Normally, as I understand it, the guidance for a Government consultation on a controversial matter is to allocate a full 12-week period for the consultation. However, the consultation that has led to where we are now not only lasted just six weeks, but happened right in the middle of the summer holidays at the start of August. This particularly important consultation ran for two weeks in the central period of the holidays. Why did that happen? Was there a rush to get the measure on the statute book immediately? The Government took some five months to respond to that rushed consultation, which nevertheless managed to generate some 7,000 responses, which is extraordinary, given the time constraints. If such a controversial measure elicited that number of responses, all parliamentarians must ask why it did not get the full scrutiny that it deserved in both Houses. There was an attempt to tack it on to the Cities and Local Government Devolution Bill, and now it has been tacked on to the Enterprise Bill, after that has already been through the Lords. Someone who was cynical or suspicious might say that that limits the scrutiny of an important measure.

These are not just my concerns. When we last had the opportunity to discuss this matter, which was during the passage of the Sunday Trading (London Olympic Games and Paralympic Games) Bill in 2012, it did receive full scrutiny. The then Minister, Lord Sassoon, underlined the temporary nature of the proposed change. As many hon. Members have said, we had assurances from the Government that that was not a precursor to a further deregulatory move. Lord Sassoon also gave an assurance that there would be full parliamentary debate if there were ever another Sunday trading legislative proposal, but we have not had that. Unfortunately, that promise has not been kept. That is to the detriment of us all, as it would have allowed us to consider matters such as tourist zones and pilot areas, about which we will probably hear later. All those aspects need time for proper scrutiny.

[Mr Jackson]

Will my hon. Friend nail the myth that the measure is designed to assist town centre retail trade? Some 53% of local authority chief executives said that they would use the new liberalisation to boost out-of-town shopping centres, but that cannot be what many hon. Members want.

[Mr Burrowes]

Indeed. The knock-on effects of the measure need careful thought and attention.

The consultation showed that 76% of local authorities, large and medium-sized business respondents and business representative organisations were in favour of the proposals, but while the Government told us that those organisations and local authorities were in favour, they failed to tell us about the proportion for individual responses. We all have a right to respond individually to Government consultations. We all have a voice. It is not just the big corporate bodies whose response counts.

My hon. Friend the Member for Congleton (Fiona Bruce) and I duplicated a question to the Secretary of State for Business, Innovation and Skills to ask what number and what proportion of respondents to the Department’s consultation published on 5 August responded yes and no—it is a simple question. The first question in the consultation asked whether people were in favour of the proposal, so surely it is possible to publish the number of respondents. That question was, “Should local areas have the power to extend trading hours on Sunday?” and that is the question that we are debating today, so it would be useful to know how many individuals who responded to the consultation were in favour of the proposal.

The answer that my hon. Friend and I received from the Minister is one of the most extraordinary that I have seen in my 10 years here. It stated:

“The Department does not hold full data from this consultation broken down by specific question as a large portion of respondents chose to respond in their own words”—

I assume that they were English words and there was no problem of translation—

“rather than addressing the consultation questions directly, and/or did not indicate the type of organisation they represented.”

That is unacceptable. There should be a proper, accountable process that enables us to judge the response to the consultation on the measure.

--- Later in debate ---

[Brandon Lewis]

My hon. Friend the Member for Berwick-upon-Tweed (Mrs Trevelyan) makes a strong point, and she has been consistent on this matter. She makes a clear, passionate and strong point on the importance of family values and of our social fabric. If she will bear with me, I will touch on that matter in just a moment.

I would say to Opposition Members that we need to think about where we are with Sunday trading. Let us be very clear: none of us would put up with a Government banning cinemas from opening on Wednesday evenings, so why on earth would we put up with a Government telling us when we can and cannot open our businesses and run our shops, and telling us how we should be spending our time if we want to go shopping on a Sunday?

[Mr Jackson]

The Minister is fielding a difficult case very well. He is an excellent Minister with whom I have had the great honour to serve on the Housing and Planning Bill Committee. However, on the specific issue of employment rights, he will know that as a result of work commissioned by the Christian Institute, John Bowers QC said on 25 February that he considered the Government’s proposals for employment rights “inordinately complex”, and that they would offer

“no protection from detriment or dismissal for people who object to working on Sundays during the opt-out notice period.”

That is the issue, and that is what the best legal brains have told us about the Government’s proposal.

[Brandon Lewis]

I have a similar admiration for my hon. Friend. He is a fantastic colleague to work with at all times, but I disagree with him on this matter. We know what the Government lawyers have outlined, and the strengthening of rights as set out in our amendments goes beyond anything that Labour did while it was in government to increase workers’ protection. This is an important part of the package. Inconsistency from the parties on the Opposition Benches is one thing, but killing off jobs is entirely another. Given Labour’s unemployment record and its Maoist take on economics, however, I should perhaps not be surprised. The SNP and Labour did not even raise an amendment or a vote on this issue in Committee.

--- Later in debate ---

Family is reason enough. We have debated the family here on numerous occasions, and the Prime Minister himself has said that he wants to run a family-centred Government. For this reason alone, we should oppose the change and support the amendment.

[Mr Jackson]

I rise more in sorrow than in anger. I have made my views known to the Minister. I am disappointed that I shall have to support not the Government but the amendment proposed by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes). I shall not support the amendment proposed by my right hon. Friend the Member for Meriden (Mrs Spelman) because I think what can be classified as a tourist area is a moot point. People might come to Warwickshire near her own constituency and visit Stratford, yet she has Chelmsley Wood in her constituency, which some might describe as a brutalist horror, yet it could be reclassified as a tourist attraction. It will be difficult for lawyers to prove what is a tourist area and what is not. This makes it difficult for the amendment to stand.

This is not an economic issue or even a faith issue, although I pay tribute to the very good speech by the hon. Member for Stalybridge and Hyde (Jonathan Reynolds). It is about what kind of country we want to be. It is a conscience issue. My understanding was that the Sunday Trading Act 1994 was subject to a free vote on what was regarded as an issue of conscience. Why can we not do the same now?

I find it pretty shocking that a manuscript amendment appears on the Twitter feed of Sky News at 2.4 pm before Members have had an opportunity to look at it. I have to tell the Minister that five or six weeks ago, I said to no less important a figure than the Prime Minister that what we needed was a competitive regime in which local authorities could come forward and offer to be pilots, yet that was dismissed. Indeed, Ministers were not talking to Back Benchers about this issue until 48 hours ago—in fact, even less than that. [Interruption.] I mean on the specific issue that we have put forward.

I am not an uber-liberal and I am not a social liberal. I think we have a social contract and a bond with our constituents. We should regulate some behaviours. That is why, for instance, we voted to ban smoking in vehicles with children in them. “Devil take the hindmost” is not the right way in which to pursue this issue, especially given that in 2014 the Prime Minister, no less, said on the BBC news that families should be the prism through which we should decide policy. Indeed, as my hon. Friend pointed out in April 2015, during the general election campaign, the Prime Minister wrote to the Keep Sunday Special campaign saying the same thing.

It is not acceptable that there has been no proper scrutiny and oversight in the House of Lords. It is not acceptable that the Whips packed the Public Bill Committee with people who were likely to be sympathetic. It is not acceptable for the Government to use the relevant section of the Freedom of Information Act 2000 to stifle debate by hiding the number of consultations that have taken place—and we saw the ridiculous answer that my hon. Friend was given by Ministers.

Why has there been no family assessment? Why has there been no impact assessment? Those are important questions that the Government have not yet answered. The issue is important to me because 32% of the economic activity in my constituency takes place in the retail sector, and there will be a domino effect. Decisions will be taken naturally. If Peterborough were to deregulate and adopt a different retail regime, Fenland would want the same, and so would Huntingdonshire, Corby and other local authorities. I think it foolish and naive to assume that will not happen.

What am I asking Members to vote on today? I am asking them to give the Government some breathing space. We know that this proposal has been driven not by the superb ministerial teams in the Department for Communities and Local Government and the Department for Business, Innovation and Skills—I do not always agree with them, but they are very good at their jobs—but by the dead hand of the Treasury. The Treasury has been taking the media flak for this, and the Treasury is putting out the lines to be taken. An obscure Back-Bench Tory MP who votes the right way today is likely to get a brand-new bypass, or perhaps become a special representative to some warm and exotic place of which he or she has never heard.

The fact is that this is an issue of principle, integrity and conscience. I defer to no one in my admiration for the Government’s work in important areas such as the reform of education and welfare, but they are now engaging in a needless and egregious conflict with their own Back Benchers. They do not need to do that. There is no authority for this proposal, because, as we know, it was not in the Conservative manifesto. I have already said that the legal case is threadbare, and I have cited the legal opinion of John Bowers, QC.

I am very fond of the Minister, but only a week or so ago he said that the Government were proceeding on the basis of what was in the Bill after the Committee stage. Today, he waxed lyrical at the Dispatch Box about the fantastic idea of launching pilot projects to open up retail across the country. That does not stack up; it is close, but no cigar. If it was such a good idea, why was it not taken up by senior Ministers weeks ago, when I raised it personally with the Prime Minister? I think that that is a fair question.

If Members on both sides of the House vote against the Government and in favour of my hon. Friend’s amendment, all they will do is allow the Government to consult properly, present coherent arguments, and propose measures that will protect workers’ rights and the special interests of the Association of Convenience Stores—which has raised concerns—while also taking proper note of what is said by the trade unions. They are not always the friends of our party, but they have a right to be heard, and 91% of members of USDAW have opposed the Government’s proposals.

My hon. Friend the Member for Mid Bedfordshire (Nadine Dorries) suggested that new legislation could be proposed in the Queen’s Speech. I can even offer a name: the Sunday Trading (Pilot Projects) Bill. I will invoice the Minister later for that suggestion. We could then have a proper debate, because we would know what we were voting for. I must say to the Minister that this has not been done properly. There has not been proper scrutiny and oversight. There has not been proper debate and discussion. Running around with manuscript amendments at four minutes past two on the day of a Report stage is not good government.

I want to support the Government, and I want them to succeed, but I am afraid that on this occasion, with a very heavy heart, I cannot support them, and I will be voting for the amendment. I will be doing that so that the Government can come back, carry the House in a consensus, protect jobs, protect a way of life, protect family life, and look after the interests of our constituents, because, if for no other reason, that is why we are here.

[Susan Elan Jones (Clwyd South) (Lab)]

I am very pleased to be able to speak in support of the amendment tabled by the hon. Member for Enfield, Southgate (Mr Burrowes), and to be part of the unholy alliance that is doing so. Trust me, it is better to be part of an unholy alliance than to be called a Maoist. The reason that most of us are supporting the amendment is that we are united on several key principles. We stand in support of family life, we oppose the exploitation of shop workers, and we believe in real competition and genuine devolution, which gives fair play to our small shops and supports diversity on the high street. There is unity too because in this country we believe that it is right to keep Sunday special.

Of course society has changed, and the law has changed with it. Some people will point to the recent opinion poll which showed that there is now a bare majority who want to change the law on this matter even further. It is not that we on this side of the House are bitter about opinion polls, but actually, they do not always get everything right. But even if that particular YouGov poll is correct on that matter, let us look at some of its other findings, which show that 58% of the population fear that the Government’s proposals will affect small stores and 48% agree that longer opening hours would be detrimental to family life. Only 27% said that that would not be the case.

The family test has been discussed today, as has the little impact assessment that popped up this morning. Wherever we stand on individual policies, I do not think that any of us would seriously fault the Government’s idea that every domestic policy should be measured against its impact on family life. I really hope that that issue above all else will be taken into consideration. We have a Prime minister who speaks the language of prison reform, who deals with issues such as the stigma surrounding mental health and who, once upon a time, hugged huskies and even Eurosceptics. He himself said that he did not want to change the Sunday trading laws, so does he really want this piece of anti-family legislation to be passed on his watch?

I shall close with the words of one mother, a shop worker, who says:

“As a mother, I would not work Sunday evenings or late afternoons, yet it would be forced on us as we would need more than one manager on a Sunday to cover the hours.”

She is right, and we know that she is not just speaking for herself. She is speaking for hundreds of thousands of people across our country. That is why I believe with the deepest conviction that, whatever our party or background, we need to speak up for those people today.