Hairdressing

Mark Harper Excerpts

Wednesday 7th January 2015 Commons Chamber

[The Minister for Disabled People (Mr Mark Harper)]

I will not be as bold as my hon. Friend the Member for Bedford (Richard Fuller), but will steer clear of commenting on the quality of Members’ hairstyling; I think I will stay on safe ground.

I am sure the House will commend the hon. Member for Llanelli (Nia Griffith) for bringing this issue to its attention. She is right that it concerns a significant industry that affects almost all the population who use hairdressers or barbers. I am familiar with the Hair Council’s campaign—my predecessor met Sally Styles, the chief executive officer, to discuss the issues—and I am aware of the recent debate on the subject in the Welsh Assembly. I am sure that the hon. Lady, in her constituency and shadow ministerial roles, will be familiar with that.

As my hon. Friend the Member for Bedford and the hon. Member for Llanelli said, the hairdressing and beauty industry is important to the UK economy. It contributes about £5 billion a year and employs about 250,000 people, and it is dominated by small and micro-businesses, with about 36,000 salons and 3,000 barbers. The majority of the work force is female and a high proportion of people are self-employed. My hon. Friend made the point about the low barriers to entry and its being a very competitive industry. That is an important tool in ensuring that an industry is well regulated, because anyone who delivers poor customer service will not be in business for long in a business that is competitive and where people share knowledge about the quality of service they receive.

Of course, nobody wants to see incompetent people in the profession, unsatisfactory conditions of hygiene or unsafe use of chemicals, all of which could impact on business owners, employees and members of the public. However, I listened carefully to what the hon. Lady said and the thing that was missing from her speech—I will perhaps not be as generous as my hon. Friend, because I do not think she made a strong case—was what is the problem that we are trying to solve. Despite the size of the industry, how many people work in it and how many customers it has, I did not hear any analysis in her speech of what the problem was. She did not set out a compelling argument that large numbers of people are damaged by incompetent hairdressers, nor did she lay out a real problem that we are trying to solve. She laid out some theoretical risks, but they are not risks in practice. The Government’s position on health and safety regulation is that we should take a proportionate approach to risk and have regulation to deal with the amount of risk that exists, not overburden industry with unnecessary red tape.

[Nia Griffith]

Does the Minister not accept, though, that rather than waiting for disasters and scandals to happen, it is better to see what we can do in advance? This is a widespread industry; lots of teenagers go and get their hair done and all the rest of it; and just as we have seen with tanning salons and tattoo parlours and so forth, people sometimes end up doing things that perhaps are inappropriate. Would it not be better to put in place a system that we can properly use, rather than just leaving things to drift?

[Mr Harper]

This comes back to one of the points made by my hon. Friend the Member for Bedford. The hon. Lady’s argument might have some force if we were talking about a radical new industry, but we are talking about something that has been around for a long time and that has a clear track record showing that the problem that she suggests might occur is just not there. There is a genuine issue about how health and safety regulation can ensure that people can go to work and return home safely, not be killed, injured or damaged, and that members of the public can have the same protection. However, the Government’s general approach to regulation, particularly in the health and safety space, is to ensure that it focuses on where the risks are, not where they are not. As I have said, I did not hear in her speech a compelling case for the problem that she is trying to solve, and I do not think there is one, which is why I am not attracted to her solution.

[Mrs Moon]

My hon. Friend the Member for Llanelli (Nia Griffith) made the point that the industry has moved on. We have moved on from the days of the short back and sides for men. Men now have more products used on their hair, as do women. Women are having hair extensions, which can result in hair being pulled out, and are having different chemicals used on their hair all the time. Hairdressing is a more technically-minded industry, rather than just a creative, simplistic industry, where people went for a perm or a set, or a short back and sides. It is that change in the nature of the industry that has led to calls for greater regulation.

[Mr Harper]

I will come to the point about regulating the use of chemicals in a minute, but as I have said, I do not think a compelling case for the problem has been set out.

We welcome what the Hair Council does in operating its voluntary registration scheme and we support initiatives to improve professional competence and standards. However, it is interesting that about 10% of hairdressers—that is my understanding; I do not necessarily agree with the exact statistic used by my hon. Friend the Member for Bedford—are registered in the voluntary registration scheme that was implemented under the 1964 Act. Although the hon. Member for Llanelli said that the industry would support compulsory registration, the fact that only 10% of those in the industry are registered with the Hair Council suggests to me that they do not think there is a compelling argument that membership of that organisation is necessary to show their customers that they have the appropriate competence and skill. I think my hon. Friend is right: when people get a hairdresser they are confident in, they tend to stick with them for quite a long time. In my experience, good hairdressers have a good reputation and attract business in that way, and poor ones go out of business very quickly. I do not think the evidence suggests that the industry wants compulsory registration.

My hon. Friend is also right that the idea that a state registration scheme is a guarantee that everything will be fine is simply not right and is not shown by a range of other industries that have elements of regulation where that does not guarantee high quality. The thing that guarantees high quality is a competitive industry, low barriers to entry and a competitive marketplace. People who deliver poor customer service will not be around for very long. The evidence suggests that hairdressing is a generally well run sector of the economy and that the individuals and businesses supported by the trade bodies take sensible and proportionate measures effectively to manage the health and safety risks to their employees and customers.

The hon. Member for Llanelli said that there were not any measures or regulations to protect people in the industry at the moment. That is simply not true. Businesses operating in the hairdressing sector are covered by health and safety at work legislation and public health legislation, which are enforced by local authorities. They are covered by the provisions within the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, which set out requirements about identifying hazards, the control of risks, the provision of training and information for staff and the need for advice. If chemicals are used, there are other regulations about controlling substances hazardous to health, the use of work equipment, manual handling, welfare and personal protective equipment. There are already quite a lot of regulations, with which a hairdresser or hairdressing salon has to comply to ensure that they do not present a risk to their customers or their members of staff.

[Nia Griffith]

What research has the Minister done on the level of understanding of that legislation by hairdressers who go house to house to work?

[Mr Harper]

I have not done any specific work on that, but I do not think there is any evidence that there is a problem to be solved. Everyone who runs a business has to comply with health and safety legislation, but it is proportionate to the risk that they run. As I said, I agree with my hon. Friend the Member for Bedford; I do not think the evidence suggests a risk in this industry to justify imposing a state registration scheme. That is the first point, and the second is that I do not think there is any evidence that if we did so, it would have any impact on making the industry better. It is generally a well run industry, with some high-quality individuals and businesses operating, which delivers good customer service.

As well as providing a legislative framework, the Health and Safety Executive produces guidance for small businesses. It has an example risk assessment for hairdressing salons, which is accessed between 200 and 400 times each month. It goes through the common hazards that might be present in a hairdressing salon, the harm that can be caused to staff and customers and it suggests the sorts of actions that salons and hairdressers can take to control the risks. The HSE works closely with the National Hairdressers Federation and the Hairdressing and Beauty Industry Authority, which is the Government-appointed sector skills body that controls the standards that form the basis of all qualifications, to raise awareness of health issues.

The hon. Lady mentioned the training aspects. In my constituency, the Forest of Dean campus of Gloucester college trains people in the hair and beauty industry. I have been along myself and I recall for a short period sitting in the chair as a model while various people practised on me. That demonstrated the high level of skill and training in the industry. The college works closely with local employers and the standards are very high.

A good example of joint working was the “Bad Hand Day” campaign, which the HSE ran in partnership with the industry to raise awareness of how to prevent hairdressers suffering dermatitis. The HSE has run a recent health and safety campaign, which targeted small businesses across a number of industries, including the beauty industry. The HSE produced “Health & Safety ABC: An easy guide to health and safety”, which was supported by both the Hairdressing and Beauty Industry Authority and the National Hairdressers Federation, while 92% of those surveyed in the beauty industry said that the health and safety of their customers was either a major or moderate concern. Most people in the industry recognise that there is something they need to be concerned about and take appropriate steps to deal with it.

There are some other regulations under the Public Health (Control of Disease) Act 1984, and a new suite of health protection regulations came into effect in April 2010. This updated an “all hazards” approach, dealing with infections and contaminations. Public authorities are thus able to respond to modern-day health hazards. As well as local authorities, Public Health England, Public Health Wales and Health Protection Scotland have an interest in protecting the public from harm in the wider beauty industry.

Hairdressing products, which the hon. Member for Bridgend (Mrs Moon) mentioned, are also regulated—I am sorry to say this to my hon. Friend the Member for Bedford—under the EU cosmetics directive, which offers a further layer of protection for customers in that any product used must be authorised, properly labelled and packaged.

My hon. Friend the Member for Bedford and the hon. Member for Llanelli compared these proposals with measures taken to control other professions in the beauty industry, and the hon. Lady specifically mentioned other cosmetic treatments. There is a distinction between the Health and Safety at Work Regulations 1999 and wider public health legislation that regulates more invasive cosmetic treatments, such as the one that she mentioned. It is necessary to apply regulation that is proportionate to risk. The report to which she referred was clearly a response to some of the risks involved—I think I am right in saying that it was triggered partly by some of the fall-out from the issue of breast implants—and I do not think that it is relevant to the hairdressing industry.

Local authorities have powers, under various local Acts, to exercise a proper degree of control over standards of health and hygiene, which includes the cleanliness of premises, instruments and equipment, and they have powers to inspect. They take enforcement action, such as prosecuting poorly performing hairdressing salons, under the existing regulatory framework. Notwithstanding what was said by the hon. Lady, there is already a fairly comprehensive regulatory framework, which is designed to protect both staff and customers in hairdressing salons. If people comply with that legislation, the risks—which are relatively low—will be properly controlled, and I therefore see no case for extending it.

My hon. Friend the Member for Bedford referred to moves on the European front, specifically the European framework agreement on the protection of occupational health and safety in the hairdressing sector. The Government do not want that agreement to become a compulsory directive, and we have been working with like-minded states to prevent its implementation as such. We have no objection to a voluntary scheme, but, having analysed the agreement, we think that it duplicates a great deal of existing legislation. Moreover, an initial assessment suggests that it would impose an extra cost of £75 million on hairdressing businesses in the United Kingdom alone, without improving existing standards.

My hon. Friend mentioned nail salons. They are effectively covered by the same regulatory framework as hairdressers, so they must comply with the same health and safety regulations and public health legislation.

The hon. Member for Llanelli asked whether insurers could require hairdressers to be state-registered. Hairdressing businesses, like all other businesses, are already required to have employers’ liability insurance, and responsible businesses will have public liability insurance as well. Again, a regulatory framework already ensures that businesses providing these services are properly insured and therefore have the appropriate financial resources if they cause damage to their customers.

I do not think that the hon. Lady has set out a problem that needs to be solved. Hairdressing is an important industry that employs a great many people, is generally well run and delivers a good customer service, but it is already subject to a comprehensive range of regulatory laws contained in primary and secondary legislation that ensures that the risks must be dealt with properly.

[Alison Seabeck]

Throughout the Minister’s speech—it has been an interesting speech, in which he has expressed a different view from that of my hon. Friend the Member for Llanelli (Nia Griffith)—he has referred to a lack of evidence. Given that 70% of hairdressers suffer from conditions such as dermatitis at some point in their lives, there is no doubt that customers will also be subject to problems caused by chemicals, latex gloves and other equipment. Customers may enter salons without fully understanding some of the risks, particularly if the staff are not particularly experienced. That is a significant issue. The Minister says that he is opposed to regulation, but would it not be worthwhile to carry out research among customers as well as hairdressers about the nature of the problems that people experience in salons, given that we clearly do not know enough about it?

[Mr Harper]

The alternative way of looking at that is that if there was a real problem, we would know about it. As constituency MPs, lots of issues come to our attention, and I am digging through my memory and in my nine years as a Member of Parliament I do not think I have ever had a single letter complaining about appalling treatment by a hairdressing salon in my constituency. In fact the opposite is the case; I have been fortunate enough to go to salons in my constituency to present awards to high performing and well-trained members of staff. If there was a real problem that affected significant numbers of people, I think we would know about it.

[Alison Seabeck]

We have some fantastic salons in Plymouth, all of which are performing incredibly well, but if we go on Google and type in “hairdressing” and “accidents”, enormous numbers of messages from solicitors’ firms pop up on our screen saying, “Let us help you with your claim against your hairdressers”, so something is clearly going on out there.

[Mr Harper]

I hope that the hon. Lady will forgive me for saying that just because there are lots of ambulance-chasing lawyers around trying to dream up and invent legal actions in a particular sector does not necessarily give a good indication of whether there is a problem to solve. We all know about such lawyers trying to dream up and invent legal actions; we have seen what happens with people trying to sue others for car accidents and inventing claims and driving up motor insurance premiums. In the hairdressing sector, therefore, given that we already have a range of health and safety legislation, I do not think further legislation would deliver much gain to employees or customers.

The issue the hon. Member for Llanelli was raising was professional standards and competence among hairdressers. The Government believe such matters are often best dealt with by businesses and their representative bodies. They know how to improve standards. That is very effective in a competitive business with low barriers to entry and no reason why people cannot switch very easily, so the Government are not in favour of mandatory state registration for hairdressers, and as I said to my hon. Friend the Member for Bedford, we oppose the European social partner agreement becoming a compulsory directive.

The Health and Safety Executive will continue to work with all the various bodies representing the hairdressing industry, to maintain good standards of employee and customer health and safety. That is an appropriate way for what is a generally very well run and excellent industry to continue to be regulated.

Question put and agreed to.