Sunday Trading (London Olympic Games and Paralympic Games) Bill [Lords] (Allocation of Time)

Mark Prisk Excerpts

Monday 30th April 2012 Commons Chamber

[The Minister of State, Department for Business, Innovation and Skills (Mr Mark Prisk)]

I beg to move,

That the following provisions shall apply to the proceedings on the Sunday Trading (London Olympic Games and Paralympic Games) Bill [Lords]:

Timetable

1. (1) Proceedings on Second Reading, in Committee, on Consideration and on Third Reading shall be completed at today’s sitting.

(2) Proceedings on Second Reading, in Committee, on Consideration and on Third Reading shall so far as not previously concluded) be brought to a conclusion at the moment of interruption.

Timing of proceedings and Questions to be put

2. When the Bill has been read a second time—

(a) notwithstanding Standing Order No. 63 (Committal of bills not subject to a programme order) it shall stand committed to a Committee of the whole House without any Question being put;

(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

3. (1) On the conclusion of proceedings in Committee, the Chair shall report the Bill to the House without putting any Question.

(2) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

4. For the purpose of bringing any proceedings to a conclusion in accordance with paragraph 1, the Speaker or Chair shall forthwith put the following Questions (but no others) in the same order as they would fall to be put if this Order did not apply—

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment moved or Motion made by a Minister of the Crown;

(d) any other Question necessary for the disposal of the business to be concluded.

5. On a Motion so made for a new Clause or a new Schedule, the Chair or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

6. If two or more Questions would fall to be put under paragraph 4(c) on successive amendments moved or Motions made by a Minister of the Crown, the Chair or Speaker shall instead put a single Question in relation to those amendments or Motions.

7. If two or more Questions would fall to be put under paragraph 4(d) in relation to successive provisions of the Bill, the Chair shall instead put a single Question in relation to those provisions, except that the Question shall be put separately on any Clause of or Schedule to the Bill which a Minister of the Crown has signified an intention to leave out.

Subsequent stages

8. (1) Any Message from the Lords on the Bill shall be considered forthwith without any Question being put.

(2) Proceedings on any Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

9. (1) This paragraph applies for the purpose of bringing any proceedings to a conclusion in accordance with paragraph 8.

(2) The Speaker shall first put forthwith any Question which has been proposed from the Chair.

(3) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown which is related to the Question already proposed from the Chair.

(4) The Speaker shall then put forthwith the Question on any Motion made by a Minister of the Crown on or relevant to any of the remaining items in the Lords Message.

(5) The Speaker shall then put forthwith the Question that this House agrees with the Lords in all of the remaining Lords Proposals.

Reasons Committee

10. (1) The Speaker shall put forthwith the Question on any Motion made by a Minister of the Crown for the appointment, nomination and quorum of a Committee to draw up Reasons and the appointment of its Chair.

(2) A Committee appointed to draw up Reasons shall report before the conclusion of the sitting at which it is appointed.

(3) Proceedings in the Committee shall (so far as not previously concluded) be brought to a conclusion 30 minutes after their commencement.

(4) For the purpose of bringing any proceedings to a conclusion in accordance with sub-paragraph (3), the Chair shall—

(a) first put forthwith any Question which has been proposed from the Chair, and

(b) then put forthwith successively Questions on Motions which may be made by a Minister of the Crown for assigning a Reason for disagreeing with the Lords in any of their Amendments.

(5) The proceedings of the Committee shall be reported without any further Question being put.

Miscellaneous

11. Standing Order No. 15(1) (Exempted business) shall apply so far as necessary for the purposes of this Order.

12. (1) The proceedings on any Motion made by a Minister of the Crown for varying or supplementing the provisions of this Order shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement.

(2) Standing Order No. 15(1) (Exempted business) shall apply to those proceedings.

13. Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings to which this Order applies.

14. (1) No Motion shall be made, except by a Minister of the Crown, to alter the order in which any proceedings on the Bill are taken or to re-commit the Bill.

(2) The Question on any such Motion shall be put forthwith.

15. (1) No dilatory Motion shall be made in relation to proceedings to which this Order applies except by a Minister of the Crown.

(2) The Question on any such Motion shall be put forthwith.

16. The Speaker may not arrange for a debate to be held in accordance with Standing Order No. 24 (Emergency debates) at today’s sitting before the conclusion of any proceedings to which this Order applies.

17. (1) Sub-paragraph (2) applies if the House is adjourned, or the sitting is suspended, before the conclusion of any proceedings to which this Order applies.

(2) No notice shall be required of a Motion made at the next sitting by a Minister of the Crown for varying or supplementing the provisions of this Order.

18. Proceedings to which this Order applies may not be interrupted under any Standing Order relating to the sittings of the House.

19. (1) Any private business which has been set down for consideration at 7.00 pm, 4.00 pm or 3.00 pm (as the case may be) on a day on which the Bill has been set down to be taken as an Order of the Day shall, instead of being considered as provided by Standing Orders, be considered at the conclusion of the proceedings on the Bill on that day.

(2) Standing Order No. 15(1) (Exempted business) shall apply to the private business for a period of three hours from the conclusion of the proceedings on the Bill or, if those proceedings are concluded before the moment of interruption, for a period equal to the time elapsing between 7.00 pm, 4.00 pm or 3.00 pm (as the case may be) and the conclusion of those proceedings.

The motion applies to the proceedings on the Sunday Trading (London Olympic Games and Paralympic Games) Bill. I shall not detain the House unduly as I am aware that a number of Members will wish to speak on Second Reading. The motion seeks the approval of the House to consider all stages of this short but important Bill in a single day.

By way of background, briefly, the Bill will suspend the current restrictions that govern when some large shops may open on Sundays for the duration of the London 2012 games period. Currently, the Sunday Trading Act 1994 limits the opening times on Sundays of certain shops with the relevant floor area of more than 3,000 square feet. In particular, the Act restricts them to opening on a Sunday for a maximum six-hour period between the hours of 10 am and 6 pm. The Bill will temporarily ease those restrictions, allowing for a suspension that will be in effect between Sunday 22 July and Sunday 9 September this year. I should point out the inclusion of a sunset clause, which means that the Bill will cease to have effect after that date.

[Robert Halfon (Harlow) (Con)]

Will my hon. Friend reassure a significant number of Harlow residents who have written to me that the Bill is just a temporary Bill for the Olympics, and that there are no plans to extend Sunday trading per se?

[Mr Prisk]

I am happy to give that assurance. I do not want to test the patience of the Deputy Speaker. The motion is about the proceedings of the House, but I want to make it crystal clear that the Bill will come off the statute book immediately after 9 September.

[Kate Hoey (Vauxhall) (Lab)]

Everyone in this country has known for many years that we would be hosting the Olympics and Paralympics, so why has the Minister come forward with this Bill at the very last minute?

[Mr Prisk]

As usual, the hon. Lady is entirely prescient, because that is exactly what I was about to explain. The permanent relaxation of the Sunday trading laws was considered and rejected as part of the Government’s red tape challenge in June last year. A private Member’s Bill subsequently brought forward by my hon. Friend the Member for Fylde (Mark Menzies) proposed the suspension of the rules for the period of the games, albeit in a different form from the one being proposed today. Although his proposal was subsequently withdrawn, it focused our thinking on the issue and we came to the conclusion that we should provide for a temporary suspension of the rules, hence the Chancellor of the Exchequer’s announcement in the Budget.

To take full advantage of the suspension, businesses will need to prepare well ahead. They will need to agree trading hours and working hours with staff and ensure that customers know about their extended hours. More importantly, we believe that we need to ensure that shop workers have time to choose whether to work on those eight Sundays.

[Helen Jones (Warrington North) (Lab)]

I am grateful to the Minister, who is being generous in giving way. Does the fact that he, as a Treasury Minister, is moving this allocation of time motion—[Interruption.] I am sorry. As a Business, Innovation and Skills Minister, can he confirm whether the pressure for this change came from the Treasury and not from BIS, because BIS is more concerned about the effect on smaller shops than the Treasury seems to be?

[Mr Prisk]

The hon. Lady’s question might have worked better if she had my correct job title. The point is that this is the policy of the Government, devised by the Government and supported by the Government, and we believe that it will add considerably to the opportunities that the Olympics present.

Using the fast-track legislative process will give businesses and shop workers the necessary time to make their own arrangements for the period of the Olympics and Paralympics. In deciding to use the fast-track procedure, we have consulted those directly affected and Members of both Houses. Indeed, consultations have been held with, among others, representatives from the Association of Convenience Stores, the Federation of Small Businesses, the National Federation of Retail Newsagents, the CBI, leading supermarkets and the unions, including USDAW and Unite. Indeed, Ministers have consulted senior religious representatives, the official Opposition and Members of this House. We are grateful to everyone for engaging in this process in what has been a very positive fashion, regardless of their views on the wider issue of trading or working on a Sunday.

[Mr David Anderson (Blaydon) (Lab)]

Is not the truth that the Minister had a consultation and then, as is normal for the Government, ignored the views of people, because most of the people he has just mentioned were actually against this happening? If he had listened to the views expressed in the consultation, we would not be debating this tonight.

[Mr Prisk]

Again, I do not want to stretch your patience too far, Mr Deputy Speaker, but the fact that the Bill was amended during its passage in the other House after we listened to those representations and on the very question of the notice procedure demonstrates that the hon. Gentleman is wrong on that point.

[Several hon. Members]

rose—

[Mr Prisk]

I will give way once more because this is a programme motion and I want to ensure that everyone has the opportunity to make a proper contribution on Second Reading.

[Graham Stringer (Blackley and Broughton) (Lab)]

My point is about the speed and programming of the Bill. The hon. Gentleman will be aware that Sunday trading is one of the most controversial items in this House. I think that I am right in saying that it was the only item on which Margaret Thatcher was defeated when she was Prime Minister. Does he agree that that makes the Bill completely inappropriate for fast-tracking at the last minute and that this is a sneaky way of dealing with a very difficult issue?

--- Later in debate ---

[Mr Prisk]

I do not accept that at all. This measure does not do anything beyond eight Sundays and the Act will leave the statute book on 10 September, so the idea that it is some kind of Trojan horse is a false argument. As a practising Christian, I understand the concerns, and we have done our level best to ensure that we listen carefully to Members of both Houses.

To conclude, we believe that the Bill strikes the right balance between addressing legitimate concerns and ensuring that retailers have the flexibility to take full advantage of the tremendous commercial opportunities presented by the games. As such, I commend the motion to the House.