Oral Answers to Questions

Debate between Paul Flynn and Jo Swinson

Thursday 26th March 2015 Commons Chamber

[Jo Swinson]

My hon. Friend is absolutely right to highlight the success of this industry, and I mentioned in my earlier answer the quality of the products produced; this is a good success story for the export industry, which is why it is important that the ceramics industry continues to get support and we promote the quality of the products around the world.

[Paul Flynn (Newport West) (Lab)]

10. If he will ensure that employees working on zero-hours contracts who are in practice working regular hours over an extended period have the right to a fixed-term contract.

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Jo Swinson)]

All employees on a zero-hours contract can already, after 26 weeks, request a move to a fixed-hours contract. That flexible working legislation measure was implemented on 30 June 2014. In the Small Business, Employment and Enterprise Bill, we will ban the unfair use of exclusivity clauses in zero-hours contracts, and the employment status review is looking further at the employment rights that zero-hours workers have.

[Paul Flynn]

May I take the Minister forward to the morning of 8 May, when she will be in her kitchen having a moment of kitchen candour over her muesli, liberated from control by the thought police of the Tory nomenklatura, and she will be making a judgment on her Department’s legacy on the question of the most vulnerable of workers, those on low pay and on zero-hours contracts? Would that verdict not be, “Nothing achieved, much lost”?

[Jo Swinson]

I wholeheartedly disagree with the hon. Gentleman. I am proud that we are taking forward measures in that Bill to protect workers on zero-hours contracts. I am very proud of the work we have done to enforce the national minimum wage, which of course is one of the key protections for workers on low pay. Of course we always need to keep employment law under review, and the employment status review I mentioned is a really useful piece of work that will make sure that the next Parliament can consider these issues further. In terms of modernising workplaces, shared parental leave, flexible working, and increasing the national minimum wage and enforcing it better, we have a very strong record to be proud of.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Paul Flynn and Jo Swinson

Wednesday 11th September 2013 Commons Chamber

[Jo Swinson]

I welcome the debate on clause 37 and the amendments and I shall respond to some of the remarks hon. Members have made. Clause 37 gives credibility to the maintenance of trade union membership registers to members, employers and the wider public.

As hon. Members know, unions are already required to report on their financial affairs. They need to appoint an auditor, which gives the accounts authority. When a large union submits its membership on its certificate, the Bill provides the same kind of independent assurance that is provided in financial affairs. For the larger unions, that assurance needs to be independent if it is to be credible, which is why trade unions of more than 10,000 members must appoint a qualified independent person to provide the membership audit certificate, which will state whether, in the assurer’s opinion, the union’s systems are satisfactory in relation to compliance with the duties to maintain an accurate register—[Interruption.] If the hon. Member for Sheffield (Angela Smith) wants to intervene, I am happy for her to do so—[Interruption.] I apologise if I did not get the hon. Lady’s exact constituency name quite right. I should have referred to her as the Member for Barnsley and Penistone or whatever. She had a slightly different constituency in the previous Parliament.

The clause provides an order-making power for the Secretary of State to define who may act as an assurer. Somebody cannot act as an assurer if the union has grounds to believe they would not act competently, or that their independence might be called into question. For example, union officers or employers may not act as an assurer. In practice, the assurer will need to be somebody who can understand how records are stored, collected and updated, so that they can provide the audit certificate. They might want to know how the union collects new member data and how members are reminded to keep their details up to date—the hon. Member for Sunderland Central (Julie Elliott) described how a union with which she had been involved did that regularly. The assurer might also want to know how unions update the register once changes are notified.

Unions will need to set out in their rules the process for appointing and removing an assurer. We have provided flexibility for the union, but certain provisions will apply regardless. An assurer may be removed by resolution, or be automatically re-appointed unless one of various specified conditions are met. However, it will always be up to the union to have the final say—it can appoint or remove an assurer by resolution.

[Paul Flynn]

Before the hon. Lady gets into the detail, will she answer the question that has been asked again and again in the debate? Why is there a need for assurers? As my hon. Friend the Member for Edinburgh South (Ian Murray) has said, the measure is a solution looking for a problem. What is the problem?

[Jo Swinson]

That was discussed at length in the debate on the previous group of amendments and I refer the hon. Gentleman to my remarks in that debate. Clearly, we want to ensure that there is confidence in the names and addresses that trade unions use for the membership lists. There is agreement on both sides of the Committee that it is important that membership lists are accurate and up to date. That is an existing responsibility and duty on unions. The membership audit certificate will provide confidence in the list. It is much more proportionate for smaller unions, for which it is much easier to keep details up to date—smaller unions have fewer than 10,000 members, whereas some of the larger unions have more than 1 million members—to provide an assurance themselves. However, to have the credibility required for the larger unions, we must have that independence, which is where the assurer comes in.