Corporate Transparency and Economic Crime

Mark Pawsey Excerpts
Monday 28th February 2022

(2 years, 4 months ago)

Commons Chamber
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Kwasi Kwarteng Portrait Kwasi Kwarteng
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I would like to make a point about donations to political parties. We all know that we do not have state-funded parties. Any citizen can fund and give donations to political parties. I also want to say gently that not every single person of Russian origin is an oligarch. People come here—many of them have British citizenship—and they give freely of their funds.

Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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It is good that the measures will be with us tomorrow, but my constituents who have gone through the process of buying a property will find it hard to appreciate how, over many years, we have allowed the acquisition of UK property to hide wealth that has often been illegally obtained. Can my right hon. Friend reassure them that these new measures will bring this kind of activity swiftly to an end?

Kwasi Kwarteng Portrait Kwasi Kwarteng
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Absolutely. That is the point of this raft of measures. We want to shine the light of transparency on these transactions and to minimise the likelihood of people using our property and our goodwill to hide their ill-gotten gains.

Oral Answers to Questions

Mark Pawsey Excerpts
Tuesday 22nd February 2022

(2 years, 4 months ago)

Commons Chamber
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Kwasi Kwarteng Portrait Kwasi Kwarteng
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I am not going to take any lectures from the hon. Gentleman about energy policy. His party is committed to a job-destroying coalition with the Greens, who want to switch the lights off the North sea. Everybody knows that; that is why investment is very difficult to attract, and our job is to militate against their Extinction Rebellion approach and encourage investment, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) said, in our North sea.

Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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Jobs in the energy sector depend on an effective market, and that depends on consumers exercising their choice to change supplier, but switching fell by 73% in the year just gone compared with the previous year. What steps is the Secretary of State taking to ensure that we get back to an effective energy market?

Kwasi Kwarteng Portrait Kwasi Kwarteng
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There has been a critical issue with very high wholesale prices, which as I speak are about 200p a therm, whereas at the beginning of last year they were 50p a therm or lower; there has been a quadrupling of the price. The energy price cap has protected consumers, but we are talking to Ofgem all the time about how we can refine the cap to make it more sensitive to wholesale prices in the market.

Economic Crime: Planned Government Bill

Mark Pawsey Excerpts
Wednesday 26th January 2022

(2 years, 5 months ago)

Commons Chamber
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Paul Scully Portrait Paul Scully
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We have invested in a number of schemes, including an investment in the National Investigation Service to boost its capacity to investigate cases of serious fraud, especially within the bounce back loan scheme. It received £5 million in the 2020 spending review and made recoveries worth £3.1 million in 2021-22, exceeding its targets. It has investigations into bounce back loan frauds and other areas, and we will continue to work with it.

Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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I know that the Minister will agree that my constituents have the right to expect that victims of economic crime will get the same redress as for other crimes, including where the victims are taxpayers. He will also welcome the many comments that I have had from businesses in my constituency about the speed of the support that was made available to prevent failures. In respect of Government-backed loans during the pandemic, does he think it would be helpful for the British Business Bank to be required to release performance data on the lenders to provide transparency on banks’ activities at the time?

Paul Scully Portrait Paul Scully
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I thank my hon. Friend for all his work throughout the pandemic. In his position as a member of the Business, Energy and Industrial Strategy Committee, he has been asking probing questions. With the British Business Bank, we have tried to get the balance right between the transparency required to tackle the issue and the speed at which we can act, so that we are not consuming too much of its resources. It is early days in terms of fraud and recovery, but yes, data will become available.

Postmasters with Overturned Convictions: Settlement Funds

Mark Pawsey Excerpts
Wednesday 15th December 2021

(2 years, 6 months ago)

Commons Chamber
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Paul Scully Portrait Paul Scully
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I appreciate my hon. Friend’s words and, yes, the Post Office must do that, and it is. Nick Read, the chief executive, has come a long way to give the Post Office that future by resetting the relationship with postmasters and sub-postmasters. There is clearly more to do, but we will best provide that future by giving sub-postmasters the confidence and trust they need by righting the wrongs of the past.

Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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In a Select Committee evidence session in 2019 we heard from postmasters affected by the Horizon debacle, and we heard harrowing accounts of small family enterprises—often a husband and wife—working through the night to go through the books to find losses that did not exist because the computer system did not work. I welcome the interim compensation payments that the Minister has announced today. Will he say a bit more about the Government’s role? In their response to the Committee’s report, the Government acknowledged their own responsibility

“to have visibility of and challenge Post Office Ltd’s major operational and strategic decisions to ensure the sustainability of the network is maintained and that good corporate governance and financial stewardship practices are upheld.”

On that basis, does he believe the Government should have grasped the situation earlier and acted more decisively? What improvements are being made to make certain that postmasters are never again placed in this position?

Paul Scully Portrait Paul Scully
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First, I believe we now have robust monitoring not just of the compensation schemes but of the future relationship with the Post Office and postmasters. That is exactly what Sir Wyn Williams’s inquiry is there to find out—not just the Post Office’s role, but the Government’s role. If we have fallen short of expectations, I expect to put my hands up and say we got it wrong.

Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021

Mark Pawsey Excerpts
Wednesday 27th October 2021

(2 years, 8 months ago)

General Committees
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Paul Scully Portrait Paul Scully
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It is difficult to assess that at the moment. We believe that it has helped companies to get through this process, but we are not able at the moment to ascertain an accurate figure.

The second of the temporary criteria is that, in order to present a company winding-up petition, the debt owed must be at least £10,000. For the most part, there is not normally a minimum amount that must be owed before a winding-up petition can be brought, although based on the statutory demand the debt must be at least £750. Analysis suggests that a temporary minimum debt level of £10,000 could prevent in the region of 15% of petitions that would otherwise be presented. They would largely be petitions against small and medium-sized enterprises, which are likely to have smaller debts and lower cash reserves and, as such, are most in need of additional support.

That £10,000 limit also aligns with the existing £10,000 limit for bringing a case to the small claims court, making it easily recognisable as a rule, to prevent winding-up petitions being presented for small businesses and small debts in the aftermath of the pandemic.

Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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Will the Minister say whether those are debts that occurred before covid that are subject to the measures, or debts that have occurred since the commencement of the covid period?

Paul Scully Portrait Paul Scully
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These are an extension of the existing provisions, which are specifically for covid-related debts.

The third and final criterion is that a company winding-up petition cannot be presented in respect of commercial rent until the end of March 2022. I should say that the point of the petition is not to stop companies that have accrued debt being wound up; it should be to allow the creditor the full rights to be able to do so. We are trying to give temporary relief to businesses that are otherwise hard-pressed, specifically because of the pandemic.

The Committee will be aware that the Department for Levelling Up, Housing and Communities has announced an extension of the moratorium on the forfeiture of commercial tenancies until 25 March 2022. That is to allow time for the implementation through primary legislation of a rent arbitration scheme to help industry deal with the significant amount of commercial rental debts that have accrued during the national restrictions period.

The restrictions in the commercial rent arrears recovery scheme have been similarly extended. That measure serves not to undermine the proposed rent arbitration scheme before it is implemented, so commercial landlords will continue to operate under the previous restrictions for petitioning to wind up a company in respect of debts until the end of March 2022. We recognise that that measure might mean a further period of uncertainty for commercial landlords, who themselves might be struggling as a result of the pandemic. However, the rent arbitration scheme will deliver certainty to both the landlord and the tenant, where an agreement to pay down lockdown rent arrears has been unachievable.

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Paul Scully Portrait Paul Scully
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Not in terms of the court cases themselves, but it is about the issuing of winding up. If someone starts issuing demands and then winding-up petitions, that blows a hole in the confidence of other suppliers and customers for businesses. It is the process of the petition itself, which can be done with paperwork, rather than the court hearing, which may come some way down the line, that is really key in the protection here. That is why we need to get it operative very quickly. We have all highlighted the importance of tapering the effects of the instrument, and ensuring that businesses can trade with confidence, and the certainty that we are living with covid.

Mark Pawsey Portrait Mark Pawsey
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It is important to get it on the record that when we talk to businesses in our constituencies they are incredibly supportive of the measures that the Government have introduced to tide them over during the most difficult trading period for any business in a generation. Today’s measures are a proportionate step in getting us back to normality.

Paul Scully Portrait Paul Scully
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I thank my hon. Friend for that. He is right, and he brings his own business experience to bear here. With these balanced and proportionate measures we are reiterating and emphasising that we want creditors and debtors to come together to solve their issues in a way that suits both of them, so that they have a trading relationship in the future and we protect as many businesses, consumers, jobs and opportunities as possible, so that we can continue our strong recovery. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021 (S.I. 2021, No. 1091).

Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021

Mark Pawsey Excerpts
Wednesday 27th October 2021

(2 years, 8 months ago)

General Committees
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Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

It is difficult to assess that at the moment. We believe that it has helped companies to get through this process, but we are not able at the moment to ascertain an accurate figure.

The second of the temporary criteria is that, in order to present a company winding-up petition, the debt owed must be at least £10,000. For the most part, there is not normally a minimum amount that must be owed before a winding-up petition can be brought, although based on the statutory demand the debt must be at least £750. Analysis suggests that a temporary minimum debt level of £10,000 could prevent in the region of 15% of petitions that would otherwise be presented. They would largely be petitions against small and medium-sized enterprises, which are likely to have smaller debts and lower cash reserves and, as such, are most in need of additional support.

That £10,000 limit also aligns with the existing £10,000 limit for bringing a case to the small claims court, making it easily recognisable as a rule, to prevent winding-up petitions being presented for small businesses and small debts in the aftermath of the pandemic.

Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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Will the Minister say whether those are debts that occurred before covid that are subject to the measures, or debts that have occurred since the commencement of the covid period?

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

These are an extension of the existing provisions, which are specifically for covid-related debts.

The third and final criterion is that a company winding-up petition cannot be presented in respect of commercial rent until the end of March 2022. I should say that the point of the petition is not to stop companies that have accrued debt being wound up; it should be to allow the creditor the full rights to be able to do so. We are trying to give temporary relief to businesses that are otherwise hard-pressed, specifically because of the pandemic.

The Committee will be aware that the Department for Levelling Up, Housing and Communities has announced an extension of the moratorium on the forfeiture of commercial tenancies until 25 March 2022. That is to allow time for the implementation through primary legislation of a rent arbitration scheme to help industry deal with the significant amount of commercial rental debts that have accrued during the national restrictions period.

The restrictions in the commercial rent arrears recovery scheme have been similarly extended. That measure serves not to undermine the proposed rent arbitration scheme before it is implemented, so commercial landlords will continue to operate under the previous restrictions for petitioning to wind up a company in respect of debts until the end of March 2022. We recognise that that measure might mean a further period of uncertainty for commercial landlords, who themselves might be struggling as a result of the pandemic. However, the rent arbitration scheme will deliver certainty to both the landlord and the tenant, where an agreement to pay down lockdown rent arrears has been unachievable.

--- Later in debate ---
Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Not in terms of the court cases themselves, but it is about the issuing of winding up. If someone starts issuing demands and then winding-up petitions, that blows a hole in the confidence of other suppliers and customers for businesses. It is the process of the petition itself, which can be done with paperwork, rather than the court hearing, which may come some way down the line, that is really key in the protection here. That is why we need to get it operative very quickly. We have all highlighted the importance of tapering the effects of the instrument, and ensuring that businesses can trade with confidence, and the certainty that we are living with covid.

Mark Pawsey Portrait Mark Pawsey
- Hansard - -

It is important to get it on the record that when we talk to businesses in our constituencies they are incredibly supportive of the measures that the Government have introduced to tide them over during the most difficult trading period for any business in a generation. Today’s measures are a proportionate step in getting us back to normality.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I thank my hon. Friend for that. He is right, and he brings his own business experience to bear here. With these balanced and proportionate measures we are reiterating and emphasising that we want creditors and debtors to come together to solve their issues in a way that suits both of them, so that they have a trading relationship in the future and we protect as many businesses, consumers, jobs and opportunities as possible, so that we can continue our strong recovery. I commend the regulations to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Amendment of Schedule 10) (No. 2) Regulations 2021 (S.I. 2021, No. 1091).

Employment and Trade Union Rights (Dismissal and Re-engagement) Bill

Mark Pawsey Excerpts
Friday 22nd October 2021

(2 years, 8 months ago)

Commons Chamber
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Imran Hussain Portrait Imran Hussain
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I agree in part with the hon. Lady’s point. The issue here is this. She made her points earlier. I accept that there are good employers and there are those who perhaps are not behaving in the manner that they should. Referring to one of her previous points, the issue is this: those employers that are acting in a just, proper and proportionate manner are actually worse off because they are being undercut by unscrupulous employers that are not acting in the manner that they should. The size is perhaps for illustration purposes, but I do take some of her points.

Faced with such scandalous and disgraceful behaviour by employers, the Government should have stepped in as fire and rehire spread through our economy like wildfire, but they did not. Instead, it has only been the Labour movement, trade unions and staff coming together to organise in the workplace that stopped the use of fire and rehire at places such as British Airways, Go North West and Heathrow. It was not Ministers and it was not the Government.

Let me make this point clear. The campaigns and victories of our proud trade unions fighting against fire and rehire, fighting against bad bosses, and fighting for their members and working people right across the country—whether it be Unite, GMB, Unison, the Union of Shop, Distributive and Allied Workers, Community or others—shows that, despite this Government’s every effort to diminish and grind them down, there is still power in the union.

Mark Pawsey Portrait Mark Pawsey
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The hon. Member for Brent North (Barry Gardiner) accused my hon. Friend the Member for Newbury (Laura Farris) of overegging the cake. Is not the shadow Minister doing exactly that?

Imran Hussain Portrait Imran Hussain
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The hon. Member’s point does not even have a passing acquaintance with fiction, never mind fact, and does not deserve a response.

Trade unions and working people have been deliberately hindered in their efforts to fight fire and rehire as the Government put barriers in their way and bog them down in red tape.

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Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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Madam Deputy Speaker, I hope you will excuse me if I am a little disengaged from my speech today. I have just been sent a photograph of my newly-born grandson—[Hon. Members: “Hurray!”] —at 7 lb 3 oz, and mum and son are doing very well.

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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Order. I am sure the whole House joins me in congratulating the hon. Gentleman on his newly-born grandson, and sends its congratulations to our former colleague, his father, on being a great-grandfather. [Hon. Members: “Hear, hear.”]

Mark Pawsey Portrait Mark Pawsey
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Thank you, Madam Deputy Speaker. Your remarks are most appreciated.

I want to participate in today’s debate for much the same reason as my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake). I ran a business before coming here and I am also a member of the BEIS Committee, which considered the dispute between British Gas and the GMB union.

I want to start off by considering the term “fire and rehire”. I think the term “fire and rehire” is emotive. It has not been helpful in a number of instances of use in this debate, which has been fairly consensual. I have to say that I think the shadow Minister, the hon. Member for Bradford East (Imran Hussain), did not help the tone of today’s debate with his remarks. But there is an understanding that, where it is used as a negotiating tactic, fire and rehire is wrong and we do need to work hard to deal with that.

I want to look at the terms “dismissal” and “re-engagement”, because as an employer and someone who ran a business, the term “re-engagement” filled me with profound happiness: it was often a member of staff who had left my business and wanted to rejoin us, and often people who had gone away, broadened their experience and came back to our business with additional skills and additional knowledge. That was really quite encouraging and happened fairly often.

As an employer and a business owner, the term “dismissal” caused me a massive amount of grief. It was an issue we would never take lightly, but occasionally there would be a need to carry out dismissal on the basis of poor performance or unacceptable behaviour. But if ever my business went down that road, we knew that there were very strict rules of procedure laid down. We had to go through the correct processes, we had to be entirely sure of our facts and we had to build a case in the sure knowledge that that could be subject to a tribunal case and my business could be found to have behaved inappropriately or unfairly. I do think that, on occasions, the burden on business, and what it has to go through in the very sad cases in which that happens, is forgotten. I have to say that, at that time, the advice and guidance of ACAS in ensuring that my business behaved appropriately was incredibly helpful and very valuable.

Mary Kelly Foy Portrait Mary Kelly Foy (City of Durham) (Lab)
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I would like to thank the hon. Member for highlighting the plight of those smaller businesses. Would he agree that Heathrow airport, British Airways, British Gas, Weetabix, Clarks, Argos and Sainsbury’s all are iconic British businesses? They have not engaged with their workforce, but they have engaged with that practice of fire and rehire. They are not struggling businesses. They are not just trying to get by. [Interruption.] They are not just trying to get by. They are powerful combinations—

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Eleanor Laing Portrait Madam Deputy Speaker
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Order. I think we have got it—Mr Pawsey.

Mark Pawsey Portrait Mark Pawsey
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I think I understand the point, and I think the hon. Lady, if she has been here throughout the debate, will understand that there is a desire from this side for that not to happen, and for discussions and negotiations to take place at a much earlier stage.

We have had reference to the ACAS paper that was published in June 2021, which of course makes interesting reading. It tells us that dismissal and re-engagement is not new and has been around for some time, and it sets out the scenarios where it has been applied. Those of course include the harmonising of terms and conditions. There are many businesses that make acquisitions and find that they have staff on different terms from businesses that have come together over a number of years, and it is not appropriate for one set of employees in a business to be operating on different terms and conditions from those elsewhere in the business. There is a prima facie case, an immediate case, for why there should be some standardisation. During the pandemic, businesses have been required to introduce temporary or permanent flexibility in respect of hours worked, shift patterns and the security of hours. Covid has substantially affected—

Barry Gardiner Portrait Barry Gardiner
- Hansard - - - Excerpts

claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.

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Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
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I thank the hon. Gentleman for his very reasonable point of order. He has asked a question to which I cannot give him a direct answer, because I do not know the answer, but I would say to him that it is of course not a matter for the Chair. It is, however, a matter for the House authorities. When I say it is not a matter for the Chair, I do not mean to imply that it is a matter about which the Chair is unconcerned. I will therefore endeavour to find out the answer to his question and let him know as soon as I possibly can.

Mark Pawsey Portrait Mark Pawsey
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I was in the process of setting out the scenarios identified by ACAS in its paper of June 2021 on where dismissal and reinstatement had been used. The final point, which has been made by Conservative Members in particular, is the challenge of business survival in the current circumstances, with covid, and the need for businesses to get through an incredibly difficult time.

The ACAS paper also identified a number of differing attitudes to the reasonableness of using dismissal and reinstatement in dealing with one of those scenarios. It set out a series of positions, including, at the very top, the view that this should never be used. Before arriving in the Chamber this morning, I believed that that was the attitude of the Member promoting the Bill; I believed that he would never permit dismissal and reinstatement to take place. However, he told us today that in certain circumstances it can exist and that he is seeking not to ban it but to ensure that it is never needed to be used. I am sure that a number of his Opposition colleagues do not agree with that approach and would be in the “never” camp. Others see it as being a matter of concern when it is a negotiation tactic, which I think is a view common on this side of the House. There are those who see it as an option of genuine last resort, a view again sympathetically understood by those on this side. Others think it is not at all contentious—I do not think that anybody here believes that—and there are some who believe it is perfectly acceptable at any time, and the House has made its view clear on that.

I now wish to turn to the issue of Centrica, because the Select Committee on Business, Energy and Industrial Strategy looked at that. We heard in Centrica’s evidence to the Committee that the costs of its services were between 30% and 50% more expensive than the use of contractors. The senior management had real concerns about the viability of their business ongoing. They sought less to deal with the issue of pay, but more to deal with the number of hours on a standard contract. They wanted to increase that from 37 to 40 hours. Indeed, in their restructuring 20% of their staff would receive a pay rise. One thing that the chief executive reminded us of in his evidence was the need for businesses to keep sight of what the customer wants and what their needs are. Those of us who have been in business will know that the customer is king and that those of us who disregard the needs of our customers put their businesses at a significant disadvantage. Where businesses are uncompetitive, it is important to deal with these things at an early stage, because otherwise, as we know, the danger is of long-term redundancies and business failures, which are not in the interests of anybody.

Gavin Newlands Portrait Gavin Newlands
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I take the hon. Gentleman’s point about business requirements, but would it not be a more productive approach to seek that agreement with the union, rather than holding a metaphorical gun to its head at the start of negotiations?

Mark Pawsey Portrait Mark Pawsey
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I, and the majority of Conservative Members, are in agreement with the hon. Gentleman. We want those discussions to take place at an earlier stage. Centrica believed that it was a requirement to issue a section 188 notice at an early stage, because redundancies might be necessary. That was a matter of the interpretation of law.

Andy McDonald Portrait Andy McDonald
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I congratulate the hon. Gentleman on his wonderful news. We are discussing Centrica. Have he and his colleagues on the Committee committed the calamitous acquisitions by British Gas Centrica in America, which brought on it the financial pressures that it had to deal with? Its choice was to instigate section 188 notices and start the process, rather than to begin consultation, which is what Labour Members are trying to achieve with the Bill.

Mark Pawsey Portrait Mark Pawsey
- Hansard - -

I thank the hon. Gentleman for his contribution. I think we are in agreement—we want that to happen. The legal advice that a substantial UK corporation received was that that was necessary, and he and I will need to look again at the contribution of my hon. Friend the Member for Newbury (Laura Farris), which sets out an alternative way of dealing with such issues. From the Centrica evidence I also got the need to modernise terms and conditions. This long-established organisation had gone through many iterations. It employed a number of businesses, there were 7,000 variations in its terms and conditions, and it needed to bring those together. I think the matter is now resolved, with 98% of engineers at Centrica having signed a new contract by May 2021. We all understand the need to add to existing protections, and my hon. Friend the Member for Newbury has set out a clear alternative for the way forward. She spoke authoritatively about the dangers of unintended consequences from the Bill, and for those reasons I shall be later joining my colleagues in the Lobby to oppose it.

Net Zero Strategy and Heat and Buildings Strategy

Mark Pawsey Excerpts
Tuesday 19th October 2021

(2 years, 8 months ago)

Commons Chamber
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Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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Rugby is at the heart of National Grid’s gas pipeline network, which runs across the country from one side to the other. In the summer, I visited National Grid’s Churchover site, which is a substantial national asset. We know that harmful emissions from gas can be reduced in the short term by putting hydrogen up to 20% in the existing natural gas network, and in the longer term we can move to 100% hydrogen. Will the Minister confirm that, although we hear about stopping the installation of gas boilers, a substantial future for gas in our energy supply remains?

Greg Hands Portrait Greg Hands
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My hon. Friend makes a good point. Of course, gas has a substantial future in our energy supply, certainly in the short term. Currently, 50% of our gas comes from the UK continental shelf, so it is very important for us, notwithstanding high international wholesale gas prices. The Climate Change Committee has itself said that it is not inconsistent with net zero for there to be a contribution from the oil and gas sector, even in 2050. It is now a question of working with the sector, which is why we have done the North sea transition deal. We are working with the industry, in partnership with the Oil and Gas Authority, to make sure that we make the necessary transformation. A lot of the skills in the oil and gas sector are transferable to, for example, offshore wind.

UK Gas Market

Mark Pawsey Excerpts
Monday 20th September 2021

(2 years, 9 months ago)

Commons Chamber
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Kwasi Kwarteng Portrait Kwasi Kwarteng
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There are two issues there. I have said that I have committed to the price cap mechanism, but it is not up to me as Secretary of State to determine what the level of the cap is. That is an issue for Ofgem. Secondly, we have made some progress on protecting customers and there is an ongoing need to do that, but I would be happy to speak to the hon. Gentleman and to discuss his ideas on this.

Mark Pawsey Portrait Mark Pawsey (Rugby) (Con)
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On Friday, I visited the National Grid gas compressor station at Churchover in my constituency, which is at the centre of both the UK and the network of a resilient system that is distributing a diverse and flexible supply around the UK. Does the Secretary of State agree that, in terms of supply, we are in the fortunate and strong position of having built up a network to supply the current circumstances and to be adjustable for the future introduction of hydrogen?

GKN Automotive Plant: Birmingham

Mark Pawsey Excerpts
Wednesday 28th April 2021

(3 years, 2 months ago)

Westminster Hall
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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.

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Mark Pawsey Portrait Mark Pawsey (Rugby) (Con) [V]
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It is a pleasure to follow the hon. Member for Birmingham, Erdington (Jack Dromey) speaking up for a manufacturing facility in his constituency. He and I have a great deal in common. We are joint chairs of the all-party parliamentary manufacturing group and we both want to see a strong future for manufacturing in the UK. I am, like him, an MP in the west midlands, where automotive manufacture and the components used in automotive are a key part of our local economy.

I am also a member of the Business, Energy and Industrial Strategy Committee and was a member of it in the last Parliament when Melrose gave evidence on 6 March 2018 ahead of its acquisition of GKN. As the hon. Member said, Melrose also gave evidence to the Committee on 23 February this year. I support his interest in supporting manufacturing in the UK, but as a former business owner I believe there must be occasions when we, Government and broader society should respect the ability of business owners and managers to take the action they consider necessary—often difficult and challenging decisions—in the best interests of their company, and accept that those decisions are being taken for the right reasons.

When GKN came before the Select Committee ahead of Melrose’s acquisition, it is fair to say that there was a pretty strong challenge by my colleagues on Melrose’s plans for the future of GKN. There were questions to the three founders of Melrose amid concern that Melrose was attempting to buy the company on the cheap and then sell off individual bits. In that session, Melrose set out its reason for the acquisition, which was principally to improve a business that in recent years had been only poorly run. As a member of the Committee, I was able to ask the witnesses what their plans were for the long term and what reassurance they could give that they would not simply sell it off. Simon Peckham, the chief executive, said:

“We say we have a three to five-year strapline, and we have always said that.”

He added:

“We are quite happy to hold businesses for longer. We are quite happy to go back to our shareholders if necessary and say, ‘This is the wrong time to do something now. We will keep this business.’”

So there is evidence that where the business is right, they will keep it. I therefore asked:

“Could we be confident that in five or 10 years’ time the structure…would be broadly as it is today?”

Simon Peckham was straight. He said:

“No. We have said, between years 4 and 5, we will sit down and work out what the right thing to do is. I cannot give you a commitment about 10 years’ time, but we have set out very clearly in our offer document exactly what we mean.”

I also asked Mr Peckham about how the acquisition of GKN was in line with the Government’s industrial strategy. Mr Peckham replied:

“At the end of the day, we want to invest in R&D. We want to develop these businesses. We want to grow them. We want to improve them. We want to take a GKN business that we think is currently underperforming.”

He said that Melrose had access to the ability to raise finance

“to build GKN, if it is the right thing to do”.

He added:

“I accept we are not saying we are going to hold these assets for ever. We are not sitting in front of you misleading you.”

It is therefore clear that Melrose intended to acquire the business, have a look at it and see what it thought needed to be done.

Mr Peckham appeared before the Committee on 23 February this year—three years into its ownership of the business—for a session that was essentially about Brexit, but the opportunity was there for the Chair to ask a question about Erdington. Simon Peckham replied:

“Erdington is one of the difficult decisions that we were presented with. As well as the good stuff we do, when we inherited GKN it was basically a troubled business. Your Committee spent quite a long time talking to them about that and the profit warning they did at the time. As a business, it needed improvement.”

Additionally, he said:

“Let me turn to Erdington, because it is a difficult position. It is one of the difficult things. We have complied with the spirit and the word of every undertaking we gave, but we also said we would make difficult decisions from time to time. Unfortunately, Erdington is one of those.”

Ahead of that session, Melrose sent its “Briefing note: Melrose meeting its commitments”. That set out legally binding undertakings for five years to ensure that Melrose remained headquartered and listed in the UK, that the board would have a majority of UK residents, and that GKN Aerospace and Driveline businesses would retain the same rights to the GKN trademarks. Significantly, rightly or wrongly, there were no undertakings in relation to jobs, employment or sites of any of the GKN businesses.

It is important to consider the business environment since that acquisition took place. In the past 18 months, businesses have had to face the pandemic and the uncertainty of Brexit. There was a huge fall in car sales: the Society of Motor Manufacturers and Traders reported 2020 sales were down 30% ,with showrooms shut for several months. The biggest decline was in diesel cars, but petrol reduced, too, due to a fast growing switch to electric. That sector is not currently served by products from the Erdington factory. That must have played a part in Melrose’s decision to wind down the factory over the coming 18 months.

I have listened carefully and know very well the case made by the hon. Member for Birmingham, Erdington. I am keen to see a strong future for UK manufacturing. I share his concern about the loss of the facility and the impact on his constituents. However, to be fair to Melrose, it made its position pretty clear on acquisition. That was accepted by GKN’s shareholders. The challenging business environment has brought forward a difficult decision. I believe the company must be able to take the action it deems to be in its best interests, while honouring the commitments it has made.

I hope that the phased approach that Melrose proposes over the 18-month period will minimise any impact on those affected individually, and the broader area in Birmingham. I have heard from the hon. Gentleman some of the alternatives proposed for the facility, and I hope that they might provide the basis for retention of some activity there, perhaps under the Melrose ownership or the ownership of others. I very much look forward to hearing from the Minister what steps she may be able to take to assist in that regard.