Michael Fallon
Main Page: Michael Fallon (Conservative - Sevenoaks)(11 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text
The Minister of State, Department for Business, Innovation and Skills (Michael Fallon)
I beg to move,
That this House does not insist on its amendment 25E, to which the Lords have disagreed, and agrees with the Lords in their amendments 25H rev and 25J in lieu.
On Tuesday when we considered this issue the House agreed to two amendments to the employee shareholder clause. First, we ensured that individuals would receive written particulars to explain the employment rights that are not associated with an employee shareholder job. Those particulars will also explain the rights attached to shares that are given as part of that role. Secondly, we amended the clause to ensure that individuals had the space and time to consider whether or not to accept the job.
Yesterday, the other place agreed further amendments to help ensure that individuals fully understand what those employee shareholder jobs will mean for them—both the risks and the rewards. Individuals who are offered employee shareholder roles must now receive independent advice before they can accept the job. That advice can be given only by a solicitor, a barrister, a fellow of the Institute of Legal Executives employed in a solicitor’s practice, a certified adviser in an advice centre or—I am sure Opposition Members will welcome this—a certified trade union official. A person employed by the company, such as an in-house lawyer, cannot give that advice; it must be independent. In addition, the company must pay any reasonable costs incurred in obtaining that advice, even if the individual does not take up the offer of the employee shareholder job.
The amendments also clarify the process of becoming an employee shareholder. When offered an employee shareholder role, an individual must be given the written particulars in advance of receiving independent advice. We have also made it clear that the seven calendar day consideration period starts only once the individual has received the advice.
Those amendments confirm our intention that the new employment status is wholly voluntary. I have made it clear throughout the debates on the clause in the House and in Committee, and my hon. and noble Friend Viscount Younger has made it clear in another place, that we do not want people to be coerced into the new roles. It is important that they should agree to accept an employee shareholder job only when they understand what it means for them.
To that end, we have published guidance in draft. In response to the concerns expressed by some of my noble Friends, we have strengthened the measures by saying that there should be special protection for those on jobseeker’s allowance—they cannot be mandated to take that type of employment status. We have provided a written statement of the particulars and a cooling-off period, and we have now provided access to independent legal advice.
The shadow Secretary of State for Business, Innovation and Skills, the hon. Member for Streatham (Mr Umunna), kept pressing me on Tuesday on what I meant when I said that we would reflect on the concerns expressed in the other place. The new measures are the results of such reflection. We have reflected on and met those concerns.
I pay tribute to Lord Pannick and to my noble Friends Lord King of Bridgwater and Lord Forsyth. Lord Pannick has said:
“It is impossible to see what further protections this House could usefully add.”—[Official Report, House of Lords, 24 April 2013; Vol. 744, c. 1464.]
The House should support the further amendments to clause 27, so that it can form part of this important pro-growth Bill and provide companies and individuals with a new employment option.
Mr Chuka Umunna (Streatham) (Lab)
Where on earth does one start with this poor excuse of a Bill? It is worth reflecting on where it all started. The Bill was a ridiculous and badly thought-out idea cooked up for insertion in the Chancellor of the Exchequer’s conference speech. It has been so badly handled and so badly thought through that people from all political parties, employers and employees have united in almost universal opposition to it.
Lord Bilimoria, one the country’s best-known business men, who voted against the plan in the other place yesterday, described the policy not just as a dog’s breakfast, but as a mad dog’s breakfast. The noble Lord is a man to whom all hon. Members should sit up and listen. I do not know whether hon. Members have partaken of Cobra beer while treating themselves to a curry, but Lord Bilimoria is the man behind Cobra. He is certainly worth listening to. He said that:
“from a businessman’s point of view, this does not make sense. It is absolutely unnecessary to do this”.—[Official Report, House of Lords, 24 April 2013; Vol. 744, c. 1450.]
The Minister referred to the concessions—that concessions have been forced out of the Government serves only to reinforce how badly thought-out the proposal was. Whether or not JSA claimants could lose their benefit if they refuse to accept job offers carrying the employee shareholder status was an obvious question. I first asked it in November, when the Government ignored it. I repeated it, and the Government said that they could not lose their benefit. When they were mauled on the point in the other place, they effectively admitted that they could. In order to get the proposal through in the face of opposition from several former Conservative Cabinet Ministers, the Government had to come to the House last week and agree to amend the guidance for Department for Work and Pensions Jobcentre Plus advisers to state explicitly that a jobseeker cannot be mandated to apply for an employee shareholder job. They should have done that in the first instance. What a total shambles.
Another issue is the advice and guidance to potential employees, and the need to ensure that they understand what they are getting into. Of course people were going to be concerned—that was obvious. If, as is the case at the moment, the law requires that people who sign away their fundamental rights on leaving employment receive proper legal advice and guidance, then of course people were going to insist on getting similar advice on entering employment. I doubt the thought even passed through the Chancellor’s mind as he pursued his ideological fixation with watering down people’s rights at work.
Now there is a requirement for employers to pay for that advice in advance of a potential employee shareholder entering into an agreement. The point is this: these concessions are not enough and they were never going to be enough, because this entire proposal is wrong in principle. I think that most Government Members know that: it has been notable how few Government Members have stood in support of this measure.
John McDonnell (Hayes and Harlington) (Lab)
I cannot match that. Reminiscences are a strong point of my hon. Friend the Member for Blaydon (Mr Anderson).
I want to make four brief points. First, I agree with my hon. Friend that this is a disastrous way to make legislation. It started with a stunt, and then we got to what the Minister called “ministerial reflection”. This is not an example of ministerial reflection; it is an example of ministerial retreat.
Secondly, the Minister has said again today that this will be voluntary and that protections will be in place. There are more than 2.5 million unemployed, and it is rising. People are desperate for work and will do anything they possibly can to find a job. The pressure to take the shares or perhaps lose the job—that informal pressure—will ensure that this is not voluntary. It is like putting food on a plate in front of a hungry person and saying that it is voluntary to eat it. We will monitor this and I would welcome a six-monthly report from Ministers on how many people take up the option. It will not be a long report, as this proposal is almost dead in the water already; in fact one could probably come along with a list of the few names of those who have taken it up.
On JSA, I repeat that I do not accept any assurances from the Minister. None of the assurances that we have heard about the activities of the DWP to protect people—particularly regarding the sanctions and targets that the DWP and jobcentre officials are forced to make—have held water and are not worth the Hansard record they are written on. We will monitor the activities of the DWP in this matter to see whether the Minister’s assurances stand up.
Finally, there is a lesson for the Government in these debates, and it is this: neither this House nor the other place will tolerate again proposals in which people are asked to sell, effectively, their basic human rights. I give this assurance on behalf of, I am sure, all Opposition Members, that if there are any further such proposals, we will resist them tooth and nail because they undermine a basic principle of human rights development in this country. We feel as strongly as others will feel as the Government seek to roll this out.
Michael Fallon
With the leave of the House, let me reply to some of the points that have been made. First, there was a suggestion that the measure is not supported. It has been supported, repeatedly, by this House, and the Opposition’s attempt to derail it yesterday in the other place was defeated by a majority of 107, including by Liberal Democrats and Cross-Bench peers. We are now in a position where both Houses of Parliament support the clause and the principles behind it.
Michael Fallon
No.
The shadow Business Secretary, the hon. Member for Streatham (Mr Umunna) is quite wrong to say that we moved only very late in the day to consider the position of jobseekers allowance claimants. That issue was raised in this place and in Committee, where I gave assurances in response to questions and concerns from my right hon. Friend the Member for Hazel Grove (Andrew Stunell) in December. This is not something new; we have done everything we can throughout the passage of the Bill to ensure that the status is entirely voluntary. Members in both Houses were fully entitled to raise these concerns, and were right to do so. We have responded to them.
Secondly, we have introduced legal advice. Independent legal advice is not available at the moment for those considering other forms of employment status. A person is not offered independent legal advice if they are asked to make a judgment between being a worker and being an employee. I remind the House that the status of being a worker gives someone fewer rights than the status of being an employee-shareholder. People are not given independent legal advice on that, but we have introduced it in this respect because it is a new form of employment status and we want people to be absolutely sure of the risks and rewards involved.
Thirdly, the hon. Member for Streatham said that my noble Friend Viscount Younger had somehow suggested that it would be impossible to value shares. What he actually said, at column 1444, House of Lords Hansard, was that the valuation of private company shares was not particularly easy, but that it was done the whole time by expert advisers in various circumstances who have to make a valuation. That is quite standard procedure.
Michael Fallon
No.
The hon. Member for Streatham suggested that the tax provisions would be open to some kind of abuse. If he looks at the Finance Bill, which clearly he has not, he will see that schedule 22 includes provisions, which we published in draft, that deal specifically with the possibility of abuse of those tax provisions. I remind him that the Finance Bill is an annual event. Where abuses occur at any point under the law, we have the ability to improve our defences against them.
It is wrong of the Opposition to be completely negative about this proposal. It is wrong indeed to focus on just one aspect. We are talking about a package of employment rights, a package of mandatory shares and a package of tax incentives. It is the interaction of all three aspects that we think will motivate staff and better involve them in the future prospects of the company.
Mr Deputy Speaker
It might be normal practice to give way, but it is still the Minister’s choice whether he wishes to or not. Obviously on this occasion he does not wish to give way.
Michael Fallon
Thank you, Mr Deputy Speaker. I am trying to wind up this debate in a few minutes. The House will recall that I have given way repeatedly in debates on this matter.
Nobody has claimed that this Bill on its own or any individual measure in it will by itself trigger the growth that our economy needs, but in this Bill six different Departments have come together with a package of measures that will speed up the planning process, make it easier for families who want to adjust their housing, speed up the roll-out of broadband, increase investment in our gas and electricity networks and, finally and importantly, provide a new form of shareholder-employee status for those companies that wish to bind their employees more closely into the success of their performance.
Question put,