National Minimum Wage

Michael Connarty Excerpts

Wednesday 15th January 2014 Commons Chamber

[Vince Cable]

I keep hearing the call from Opposition Members for a political intervention. Are the hon. Gentleman and his colleagues saying that this system—a very good system that his Government established, based on the Low Pay Commission analysis—should be torn up and a political settlement imposed? Is he suggesting that the remit, which takes account of the impact of the minimum wage on employment, should be disregarded? Is that the argument?

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

Let me give the Secretary of State an example. The Low Pay Commission recommended against amending section 31(1)(b) of the minimum wage regulations, which allowed employers to pay hospitality workers out of their tips. The last Government took the courageous step of changing that provision and preventing that from happening. That is a good example of where politics looks to the good of the individual and does not play to what I believe are the prejudices and fears of people in the Low Pay Commission. Is it not also true that if the minimum wage were raised—I have seen many cases of this—the bill for tax credits would go down and the Government would probably be better off in terms of public sector expenditure?

[Vince Cable]

On the last point, the hon. Gentleman may well be right, although I have seen an analysis suggesting that, because of the effect on corporate taxation, which offsets those gains, he is not. However, on the more substantive point about politicians intervening to override the Low Pay Commission, I believe that we should not be dogmatic about it. In the overriding majority of cases, it behoves the Secretary of State to listen carefully to the Low Pay Commission and it would be unusual to override it. He cites one case, and I have actually overridden the Low Pay Commission—on the apprenticeship wage, which I thought was excessively low, giving the wrong signal to young people and others who wanted to do apprenticeships. I made a decision on that specific issue to intervene and disregard the advice of the Low Pay Commission. If that became a habit, however, and if its advice were overridden on a major issue of pay policy, the minimum wage structure would crumble from being politicised in that way.

--- Later in debate ---

[Vince Cable]

I have taken several interventions already.

Finally, let me say a few more words about enforcement. Clearly the minimum wage is only effective if it is properly enforced and has the force of law. It is important not just for its own sake but to give workers confidence that if they complain, those complaints will be followed through. There are several levels as enforcement is a complicated process. First, it is a problem of securing arrears and then imposing fines. We then have a name and shame system, and ultimately there is prosecution in court, but that has hardly been used either under the last Government or this one because it requires a demonstration of proof of intent, which is very difficult to demonstrate.

Let me explain how these various levels are now operating. In the last year, arrears of about £4 million were paid, compared with an average of about £3 million over recent years. About 26,000 workers benefited from that. Fines are crucial, because under the last Government and this one, that is where the main enforcement action has been taken. Last year 700 enforcement cases were taken to the level of fines. The amount paid was seven times as much as was paid under the last year of the Labour Government. One can argue about this from one year to another, and these things fluctuate, but any suggestion that the regime has become easier is simply not true.

[Michael Connarty]

rose—

[Vince Cable]

I am going to proceed to the end of my speech.

We are now in the process of considerably increasing the penalties, both in terms of raising the fine from £5,000 to £20,000, subject to the House approving the legislation, and applying it per worker rather than per firm, which is, of course, much more draconian.

The new guidelines for the naming and shaming process were issued to HMRC in October. There is also the question of due process. Companies that are about to be named and shamed can appeal, and it is estimated that that process takes roughly 150 days. I imagine that a significant number of cases would begin to emerge by the end of February; we can test that when the issue arises.

To summarise, we have a good system, but we want to strengthen it, and to strengthen enforcement. We also want to respect the principles of the Low Pay Commission. We want to see improvements to the minimum wage, but that needs to be done properly, through the independent Low Pay Commission. I therefore urge my colleagues to oppose the motion, and to support the Government’s amendment.