Deregulation Bill

Debate between Oliver Heald and John McDonnell

Wednesday 14th May 2014 Commons Chamber

[The Solicitor-General]

I echo the good wishes to my hon. Friend the Member for Penrith and The Border (Rory Stewart) and commiserate with the worthy runners up.

On the Opposition’s amendment 72 to clause 1, the effect of clause 1 is to exempt self-employed persons from health and safety law, except those on a prescribed list of activities, which is to be laid in regulations.

[John McDonnell (Hayes and Harlington) (Lab)]

I believe that a draft list was given to Members in Committee. I tried to obtain it in the Library, but was told that it is not available until the consultation starts. Would it be possible to at least have a copy of what was given to the Committee?

[The Solicitor-General]

Yes, I am sure that that would be possible. I am looking to the Box and to my Parliamentary Private Secretary sitting behind me to see whether that can be achieved. A list was certainly provided. It is not definitive. It was produced on the basis that regulations would be produced and in place by the time of Royal Assent, that there would be proper consultation, and that the Health and Safety Executive would be involved. The idea is that the House has an opportunity to see them and that there is proper consultation on them.

The Government believe that we should reduce the number of administrative hoops that self-employed people have to jump through to free them up to continue to do their jobs unhindered and to continue to contribute to the UK’s economic growth. Currently, section 3(2) of the Health and Safety at Work etc. Act 1974 imposes a duty on every self-employed person to have regard to, and protect against, the risks that their undertaking creates both to themselves and others, regardless of the type of activity they are undertaking.

--- Later in debate ---

[John McDonnell]

If the Government are going to legislate on the basis of hearsay and almost prejudice, they wind up with legislation that renders itself ineffective in the long run. I genuinely cannot see how the list could be implemented effectively.

[The Solicitor-General]

I am following the logic of what the hon. Gentleman is saying, but he should appreciate that the detailed regulations will be consulted on, which will include proper definitions. He has a list of activities, but the consultation will bore down into the detail. If he or his constituents have particular concerns, he will be able to raise those points and the Government will take account of them.

[John McDonnell]

That worries me even more. I make this not as a party political point, but as a practical governmental point: that means that the legislation is a leap in the dark, before we know in any detail the consequences of what we are doing.

The Government have been looking at the matter for three years now. I met Lord—I have forgotten his name. He got the sack after having a few drinks too many at a reception. I met the original Lord who was consulting on this. He turned up with an individual who I thought was his butler. It was an adviser. He eventually got the push because he had a few drinks too many and said some unwise words. He was so impressive that I cannot remember his name. I met him three years ago when the measure was first mooted. We went through examples of what he thought was unnecessary health and safety legislation in certain areas. One of the areas he was looking at was shops, so I introduced him to the Bakers, Food and Allied Workers Union, which explained to him that health and safety matters were a worry in shops where its workers were.

From that original prejudicial approach, I thought the Government were going to lay out in detail how the duties would be implemented. To introduce the legislation without such detail in such an important area will render the legislation ineffective and put people at risk.