Enterprise and Regulatory Reform Bill

Nick de Bois Excerpts

Wednesday 17th October 2012 Commons Chamber

[John McDonnell]

No, I will not, because we do not have time and, to be honest, the hon. Gentleman is becoming monotonously boring.

When the Prime Minister spoke at the Conservative party conference, he said that he was on the side of the strivers. He makes it clear in the Bill that he is on the side of employers who want to sack people—without adequate compensation or adequate protection in law.

I have tabled a number of simple, basic amendments to ameliorate the proposed legislation, all of which have been rejected. I suggested that there should be a sanction against employers who do not participate in conciliation. We are told that such a sanction already exists, so my proposal would simply codify what the Minister has said happens in practice. It is important that we include that in the Bill.

I have made a simple attempt to amend the time scales in which claimants can prepare their case. A month is not enough for them—they must collect information and seek legal advice, and individuals often draft legal papers themselves. A six-month time scale would reflect that reality.

Another proposal would ensure that the processes being introduced by the Government have the confidence of all sides. It is unacceptable for the judge to determine who is on the Employment Appeal Tribunal, because it removes the experience of both sides of industry, who could advise the judge. My proposal is simply that consensus should be achieved and that the decision should be made with the approval of both the employee and employer representatives—all parties concerned. Even that proposal has been rejected.

People are not currently adequately compensated, which is why the cap is unacceptable. In no other area of law does a judge make an assessment that someone has lost and determine compensation, only for a cap to prevent full compensation. That is why there should be no cap, and yet the Government are keen on caps—they have introduced a £5,000 cap on fines against employers. What is £5,000 to companies such as Virgin or Starbucks, which we heard about yesterday? They are billion-pound companies. What is a £5,000 fine to them? It is meaningless.

[Nick de Bois (Enfield North) (Con)]

Will the hon. Gentleman give way?

[John McDonnell]

No, because the hon. Gentleman came late to the debate.

[Nick de Bois]

I am not boring!

[John McDonnell]

I might allow the hon. Gentleman to intervene if he came to the Chamber occasionally.

The point of my proposals is to ensure a balance of fairness in the regime that is being introduced. There is currently no balance whatever. The Bill is Beecroft. It is based on no evidence and on prejudice, and is the first stage of the Government’s plans to undermine employment law. This is the first stage of undermining the protections that workers have. People outside the Chamber will realise what is happening in the coming months under this Government. Jobs will be shredded and people will have no protection whatever as a result of the Bill and what will follow. On that basis, I wholeheartedly support Opposition Front Benchers in attempting to remove those clauses.