Exiting the EU and Workers’ Rights

Michael Tomlinson Excerpts

Monday 7th November 2016 Commons Chamber

[Greg Clark]

We have discussed a number of areas in which the Government have extended workers’ rights. My hon. Friend the Member for Dover (Charlie Elphicke) cited the important protection against exclusivity in zero-hours contracts. This Government and our predecessors introduced the national living wage. The hon. Lady should therefore be a bit more generous in giving credit. Of course, the working time directive, like all other directives that are part of EU law, will be transposed into UK law so that there is continuity.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Contrary to what the hon. Member for Great Grimsby (Melanie Onn) says, the Conservatives have a record of such action over hundreds of years. Robert Peel, the father of Sir Robert Peel, introduced the very first factory Act under the rather wonderful title of the Health and Morals of Apprentices Act 1802.

[Greg Clark]

My hon. Friend is exactly right and we continue that tradition today. I am not sure that we regulate the morals of apprentices, but the health of apprentices is very important. The Conservative party has been the party of workers’ rights over the centuries, from Shaftesbury’s Factory Acts to William Hague’s Disability Discrimination Act 1995. The Conservatives have always understood that the decent treatment of people at work is not at the expense of industrial success, but a foundation of it.

Since 2010, the Conservatives have strengthened the rights of workers. This April, the Government introduced the mandatory national living wage for workers aged 25 and above, meaning that a full-time low-paid worker earns £900 more a year than they did before its introduction. We have also cracked down on employers who break national minimum wage and national living wage law. We have increased the enforcement budget by more than £9 million and strengthened enforcement so that people who break the law face an increased financial penalty—it has increased from 100% to 200% of arrears.

Our measures to protect workers’ rights and support our labour market have meant more people in work, more people earning a living and more people contributing to the prosperity of the UK than ever before. Our high employment rate is complemented by strong protections for UK workers, so our country is not only a great place to start a business, but a great place to work. However, to maintain that position, especially as we leave the European Union, we cannot stand still. We need to make further changes that support workers’ rights in the tradition of Conservative Governments over the years.

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[Clive Lewis]

That is a very important point, and it is one to which I shall come back in the future.

Let me return to the issue at hand. While I welcome now, as I have before, the Government’s recent apparent Damascene conversion when it comes to workers’ rights, I cannot but remain sceptical about how deep it goes. When it comes to limiting the number of hours people have to work in a week and giving temporary workers the same rights as permanent staff, the Conservative party has resisted at every turn the enhanced protection for workers that was introduced through EU legislation. Yet now we are asked to believe that they will defend that legislation. How are the workers of this country supposed to trust them? The public have already been misled about what Brexit will mean.

[Michael Tomlinson]

The hon. Gentleman says that these developments are recent, but as I pointed out to the Secretary of State, in fact they go back hundreds of years—back to 1802, which saw the very first factory Act enacted by a Conservative Government. Furthermore, there is no need for these laws to be protected by the EU, because we enhance those protections and have already done so.

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[Michael Tomlinson]

As ever, the hon. Gentleman is making his case eloquently. However, did he fail to listen to the speech made by the Secretary of State, who set out clearly that all these rights will be transferred?

[Neil Gray]

For how long? In addition, does the Secretary of State carry the confidence of his Back Benchers? We are still to find that out. As I have said, so many of his colleagues have given us mixed messages about the so-called “burden” of EU workers’ rights on this country.

A substantial component of UK employment law is grounded in EU law, and where it exists it provides a minimum standard below which domestic employment cannot fall. Although some protections already existed in domestic law before being enhanced at an EU level, in many cases new categories of employment rights have been transposed into domestic law to comply with emerging EU obligations. Subject to the provisions of the EU withdrawal arrangement or a subsequent trade agreement, withdrawal from the EU would mean that the UK employment rights currently guaranteed by EU law would no longer be so guaranteed, which leaves us reliant on a Conservative Government to step up for workers.

A post-Brexit Government could also seek to amend or remove protections enshrined in EU law for UK workers. The House of Commons Library paper makes it clear that EU-derived employment rights that feature in primary legislation would be relatively safe from the effects of leaving the EU, but would be

“newly susceptible to the possibility of change.”

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[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a great pleasure, Madam Deputy Speaker, to catch your eye in this important debate. It is also a great pleasure to follow the right hon. Member for Leeds Central (Hilary Benn), the Chairman of the new and important Brexit Committee. I hear what he says, but I am concerned about revealing too much of the negotiating position. I enjoyed what he said about the ECJ and the body of case law. He is right that there is an important amount of work to be done in that regard. It is also a pleasure to follow my right hon. Friend the Member for Broxtowe (Anna Soubry). We approach this from different sides having fought on different sides of the argument in the run-up to the EU referendum and, I suspect, on some of the detail thereafter. I applaud the tone and maturity of her speech. I also applaud what she said about triggering article 50, and entirely and wholeheartedly agree.

Employment and workers’ rights is a very important subject. I am chairman of the all-party parliamentary group on youth employment. Very sensibly, my predecessor, my hon. Friend the Member for Norwich North (Chloe Smith), changed the name of the group from “youth unemployment” to “youth employment”—an altogether more positive outlook—and I have continued that tradition. Each month, we look at the latest figures and statistics on unemployment and the labour market. My right hon. Friend the Member for Broxtowe is entirely right in her analysis of those figures. I am afraid that the hon. Member for Norwich South (Clive Lewis) is wrong in much of his analysis. I need only mention one or two points to show that that is correct. Employment is at a record level of 31.8 million—up by over 500,000 this year, and up by over 2.8 million since 2010. The hon. Gentleman said that wages are decreasing, but he is wrong. Pay, including bonuses, rose by 2.3% over the past year. There are now over 740,000 job vacancies, despite the fact that we are at record levels of employment and of people claiming jobseeker’s allowance. Just touching on those figures makes it abundantly clear that when the Secretary of State for Business, Energy and Industrial Strategy and the Prime Minister say that the Conservative party is the workers’ party, it is said with a very straight face, utterly seriously and sincerely.

In the nine minutes or so that you have allowed me, Madam Deputy Speaker, I want to discuss two points. First, there are the accusations made by Opposition Members that the Conservative party cannot be trusted with workers’ rights. Secondly, it has been said, wrongly, that we rely on and need the European Union in order to protect workers’ rights. Those accusations are wrong on all fronts.

It is successive Conservative Governments who have strengthened workers’ rights. My right hon. Friend the Member for Broxtowe, who made many good points, mentioned two issues: the living wage and lifting those on low pay out of taxation. I will add a third, namely the coalition Government’s measures on family rights, including maternity and paternity rights, which the Secretary of State himself mentioned. Those rights are not reliant on the EU; they go further than the EU. The EU’s minimum requirement of 14 weeks is far outstripped and exceeded by the 52 weeks introduced by this Government.

I will come back to the EU, because for now I am going to concentrate on the successes and track record of successive Conservative Governments. I mentioned in an earlier intervention the wonderfully titled Health and Morals of Apprentices Act 1802, which was introduced by Robert Peel, the father of the Robert Peel with whom we are more familiar. He was first baronet and Member of Parliament for Tamworth, and the Act was the very first document on the statute book to formally protect workers’ rights. For the very first time, working hours and conditions of labour were regulated, not by a Labour Government—the party did not yet exist—or a Liberal Government, who were very illiberal at times, but by a Conservative. His son, as Prime Minister in 1844, continued that tradition and further strengthened workers’ rights.

In 1878, Disraeli consolidated the Factory Acts. In 1901, Lord Salisbury further consolidated and enhanced workers’ rights. Neville Chamberlain is remembered for many things, but rarely for his excellent work further consolidating and strengthening workers’ rights in his Factories Act 1937. I could go on, but I will mention just one more example, because I am mindful of your time restriction, Madam Deputy Speaker. In 1961, another Conservative Prime Minister, Harold Macmillan, introduced another consolidating Act and workers’ rights were strengthened.

People could say, “1802, 1878, 1901 and 1961 are ancient history. What relevance do they have?” They are relevant not only because it was Conservative Prime Ministers who strengthened the rights of workers, but because it happened before we were in the EU. Far from requiring the EU, we were leading the way and doing so at every turn.

I turn to the false argument that we need the European Union in order to have strong workers’ rights. That is wrong. In fact, the United Kingdom has been ahead of the game for a long time in terms of workers’ rights, particularly health and safety, which is very important. I will digress momentarily, because the Health and Safety at Work etc. Act 1974 was enacted by a Labour Government. We should not forget, however, the important work of Willie Whitelaw, who unfortunately was booted out of power before he had a chance to enact that legislation as the Secretary of State for Employment. He stood at the Dispatch Box in January 1974, before the general election, attempting to legislate on the subject.

I will stick with the theme of health and safety at work. The United Kingdom has consistently had one of the lowest rates of fatal injury across the EU. According to a 2016 paper that refers back to 2013, the rate was 0.51 per 100,000 employees. Of course, any figure relating to fatalities is too high, but it is worth noting that that figure is among the lowest in the EU—it is second only to Malta—in terms of health and safety records.

I will mention just one other statistic that is worth taking into account: only 1.4% of United Kingdom workers reported an injury occurring at work that resulted in sick leave, compared with 1.8% in Spain and 3.1% in France. Again, the figure is too high, but it is among the lowest and it demonstrates a high level of commitment in this country to the health and safety of workers. We are consistently ahead of the European Union and have been for a long time.

The hon. Member for Swansea West (Geraint Davies) mentioned—I have no doubt that he is still discussing it now—the European Court of Justice, but he was wrong to pray in aid the ECJ as some sort of helper for workers’ rights. The truth is quite the opposite. Let me give just one example. In 2007, the ECJ determined whether this country was in breach of article 361 of the 1989 European directive on health and safety at work. Thankfully, the Court eventually determined that this country was not in breach of it: it took it only 33 years to determine that this country had, in 1974, secured the very workers’ rights that the proponents of the EU who opposed us had said that we had not enacted. It is a shame that it took 33 years for the ECJ to accept that the 1989 directive had already been secured by this country. Those rights that the EU said that we should protect had already been protected in 1974. We do not need the European Union in order to protect workers’ rights. This country has long been ahead of the game.

[Melanie Onn]

In the spirit of this and the immediately preceding Government’s championing of workers’ rights, does the hon. Gentleman acknowledge that a rule that stood for more than 150 years, namely that a worker injured as a result of a breach of health and safety legislation could bring a civil claim for damages, was simply swept aside in 2013, meaning that only criminal sanctions are applicable, thereby reducing the rights of working people?

[Michael Tomlinson]

I am grateful to the hon. Lady for her intervention, because that was the very point that the ECJ looked at in 2007. It determined that a criminal sanction was a more than sufficient and adequate remedy and protection for workers. It determined that this country was ahead of the game back in 1974, albeit as a result of an Act introduced by a Labour Government. The Prime Minister is right to say that we should leave the jurisdiction of the ECJ. We do not need its help in order to be ahead of the game when it comes to workers’ rights.

Does that mean that all is perfect? No, of course it does not—there is always room for improvement—but neither does it mean that the accusations levelled at us from the Opposition Benches are right. The Prime Minister and the Secretary of State have confirmed that EU law will still apply and that existing workers’ rights are guaranteed.

I can see your thumbs drilling away, Madam Deputy Speaker. I have exceeded my nine minutes by a minute, but I have had an intervention. I will end by saying that the Secretary of State is absolutely right to call us the workers’ party. We should not rely on the EU or the Labour party to protect workers’ rights, because they will not do so. Workers’ rights did not start with the EU, nor will they end when we leave. We can be confident that, under this Prime Minister, workers’ rights will be protected.