Employment Rights Bill (Twenty First sitting)

Michael Wheeler Excerpts

Committee stage
Thursday 16th January 2025 Public Bill Committees

[Sir Ashley Fox (Bridgwater) (Con)]

I beg to move, That the clause be read a Second time.

Good morning, Sir Christopher. It is a pleasure to serve under your chairmanship. I am pleased to move the new clause, which would add special constables to the scope of section 50 of the Employment Rights Act 1996, giving them the right to unpaid leave to perform their duties.

Special constables are volunteers. They give their time, at no cost to the taxpayer, to help our police forces. Specials have existed in some form ever since the Special Constables Act 1831, which allowed justices of the peace to conscript volunteers. The special constabulary as we know it was established by the Police Act 1964, which gave chief constables the authority to appoint and manage special constables. Today’s specials carry all the same legal powers as their full-time counterparts, on and off duty. They put themselves in harm’s way, without payment, to keep our society safe.

I tabled the new clause because my constituent, Ms Emma-Elizabeth Murphy, asked me to do so. She came to see me at one of my first constituency surgeries and asked me to help her and her fellow special constables. Ms Murphy joined up as a special in 2021 and took the oath as a constable. Since then, she has recorded more than 1,300 hours of duties, arrested multiple offenders and dealt with fatal accidents. Last year, she was recognised as student special constable of the year.

Ms Murphy explained that she and many of her colleagues use their weekends and holidays to perform their duties. They may ask their employers for unpaid leave, but 60% of employers who were surveyed do not grant it. Bringing specials within the scope of section 50 would mean that their employer had to consider the request officially and grant a reasonable amount of unpaid leave. That would put them in the same position as councillors and magistrates.

The number of people who volunteer as a special has fallen by two thirds over the past decade. Many forces now face significant gaps in their special constabulary ranks. Applications have slowed significantly, with most special constables joining purely as a stepping stone into the regular force. The two-year attrition rate of the force is 90%. That means that the constabulary does not see a good return on the time and training that it invests in new recruits.

[Michael Wheeler (Worsley and Eccles) (Lab)]

It is a pleasure, as always, to serve under you, Sir Christopher. I draw Members’ attention to my declaration in the Register of Members’ Financial Interests and my membership of USDAW—the Union of Shop, Distributive and Allied Workers—and the GMB.

The hon. Member for Bridgwater is making a powerful case. Were the Government to accept his new clause, would he support the Bill as a whole?

[Sir Ashley Fox]

That would not be quite enough to offset the £5 billion-worth of costs for small and medium-sized enterprises. The advantage of the new clause is that it would not cost either the taxpayer or employers any money. However, I thank the hon. Gentleman for his contribution.

The truth is that, currently, many people simply do not have the time to offer to the role without employer support. The measure I propose would make it easier for specials to perform their duties and, I hope, help recruitment. Unlike so many of the proposals in the Bill, it would not cost either employers or the taxpayer any money.

I am pleased that this campaign has the support of the Association of Special Constabulary Officers and more than a dozen MPs from Government and Opposition. We also have the endorsement of 10 police and crime commissioners. Importantly, Assistant Chief Constable Bill Dutton, acting in his capacity as the National Police Chiefs’ Council lead for the special constabulary, has provided his written support for including special constables under section 50. The Minister has received letters from hon. Members in all parts of the House, and I believe that some of his ministerial colleagues, too, may have received letters or held meetings with Government Back Benchers.

The new clause could help with the recruitment and retention of many new special constables and it would make our streets safer. It would also finally recognise the work of the specials and put them on the same footing as the thousands of other people in this country who are allowed time off work to complete valuable civic duties. I ask the Minister to consider that.

--- Later in debate ---

[Greg Smith]

Well, there we have it. The Government who say they are pro-growth have shown their true colours and will not back our amendment to prove their intentions towards growth. This whole Bill is a socialist charter and we know that we cannot have socialism and growth at the same time. The history books have taught us that time and again.

We deeply regret the Government’s resistance to these two amendments. We will continue to be the party that champions business, growth and getting our economy going again, while this Government do everything they can, in this Bill and in their Budget and in so many other ways, to hold our economy back.

[Michael Wheeler]

Will the shadow Minister give way?

[Greg Smith]

Of course I will. Bring it on.

[Michael Wheeler]

I am going to try an entirely new tactic to derail the shadow Minister mid-stride. This is a genuine question, and I hope he answers it. Does he agree that throughout our line-by-line discussion of the Bill, he has been most generous with his time in accepting interventions that I believe to have been valuable?

[Greg Smith]

I am incredibly grateful to the hon. Gentleman for that intervention. It is for others to judge whether any Member of this House has been generous or otherwise.

What I can say, as we come towards the end of our debate on the final amendments and move on to the final clauses, is that we have had a good debate in this Bill Committee. It has not been one of those where those on the Government Benches are told to be quiet in the interest of getting on with it. We have had a genuine debate and a back and forth. Although we have not always agreed, and it looks like we do not agree on the amendments we are debating right now, we have had a debate. Our constituents sent us all here to represent them in arguments over ideas, concepts and values, and practical steps to meet the ideas and values that we hold dear, and we have done so. I agree with the spirit of the hon. Gentleman’s intervention.

On amendments 164 and 165, I repeat that His Majesty’s loyal Opposition regret that the Government do not wish to accept these pro-growth amendments. I will not press them for now, but we may well be seeing them very soon, when the Bill returns to the main Chamber on Report. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.