Sunday Trading (London Olympic Games and Paralympic Games) Bill [Lords]

Philip Davies Excerpts

Monday 30th April 2012 Commons Chamber

[Vince Cable]

We are reducing the period to two months, in order to give everybody the opportunity to opt out before the games period begins, and we are talking to employers about how to ensure that they communicate to their work force the fact that that opportunity is available to them.

[Philip Davies (Shipley) (Con)]

I very much support the Government with this Bill. However, if the Secretary of State believes it is right for shoppers and workers to have the right to shop and work any time they wish on a Sunday during the Olympic games, can he explain why he does not think the same people should have exactly the same rights to shop and work when they choose outside the time scale of the Olympic games? I do not understand why there is this great distinction.

[Vince Cable]

All the interventions so far have made a clear distinction between a temporary exception and a permanent change. I know that the hon. Gentleman feels strongly about the need for a permanent liberalisation, and there may be others in the House who do so too, but they will have to make that case separately, should an opportunity arise. This Bill does not reflect on the argument for a permanent change.

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[Mr Umunna]

Of course I agree with my hon. Friend that those workers deserve time with their families; she is absolutely right about that.

The group of employees who stand to lose most under this Bill are those who started employment after the provisions of the 1994 Act came into effect and who, under their contracts of employment, not only work on Sundays but can be required to do so in addition to working other days of the week. So we have asked for two things. The first relates to the fact that, in general, there is no statutory minimum period of notice that must be given by employers to shop workers notifying them of a request to work on Sundays. The only thing an employer is required to do is to give new employees a written statement within two months of the start of their employment telling them that they could be asked to work on Sundays and explaining their right to opt out. Importantly, there is no requirement for employers to tell their employees when they will exercise their right to require them to work on Sundays after they have started employment. It would be unreasonable, as well as a breach of trust and confidence under the employment contract, not to give any notice, but the point is that there is no prescribed minimum period of notice that employers must give.

Many employees will have received the written statement I have just mentioned a very long time ago. They may not even realise that they can be made to work on Sundays and that they can subsequently object, because it has never become an issue before. Because of the exceptional nature of the Olympics and the fact that a relaxation of trading restrictions on Sundays will inevitably lead to increased demands on shop workers to work on the Sundays concerned, we feel that it is not unreasonable to require employers to give employees two months’ notice of a request to work on any of the Sundays in question. To put it simply, how will employees know that the law has temporarily changed, that they can object to working on Sundays and that they should object in time if proper notice of a request to work on those Sundays has not been communicated to them by their employer?

[Philip Davies]

The hon. Gentleman said that 78% of USDAW workers did not want to work extra on a Sunday. Given that the Labour party has been banging on about how it wants the Government to do things that will create extra jobs, it is ridiculous to see that party equivocating on something—liberalising Sunday trading laws—that would create extra jobs. Why does he want to prevent the 22% who do want to work extra on a Sunday from doing those extra hours? When I worked for a supermarket chain and asked people in the store to work overtime, I found that the easiest time to get them to work extra hours was on a Sunday, because that suited so many people. Why is his party equivocating about something that is good for those employees and would create more jobs if it were rolled out permanently?

[Mr Umunna]

I have worked in several shops and I do not recall everybody rushing to work on a Sunday. I have already referred to the Government’s impact assessment, and it is far from clear that liberalisation on a temporary basis will create lots of jobs. I have seen no economic evidence to suggest that an overall liberalisation would create loads of new jobs if the permanent regime were changed.

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[Gordon Henderson]

I take it that my hon. Friend has never worked in the retail industry, so he would not understand that often people have no choice other than to work on a Sunday. Let me give one small example. My wife had a couple of small shops, one of which was in a shopping centre. The contract stated that she had to open on a Sunday. That meant that she had to work on a Sunday, though she does not do so now. People might not be forced by their employer to work on a Sunday, and might have a choice, but they are often forced to do so due to circumstances, because the shop is open.

[Philip Davies]

My hon. Friend rightly says that some people do not want to work on a Sunday, and I certainly respect their right not to do so, but does he accept that many people want to work on a Sunday? Why does he think that people should not be forced to work on a Sunday, but want to deprive people who do want to work then of the chance to do so? We already have fully liberated hours in Scotland, and the sky does not appear to have fallen in there.

[Gordon Henderson]

I accept that there are people in the retail trade who want to work on a Sunday, and of course those people already have the opportunity to do so. [Interruption.] Yes, I do. Stores are allowed to open on a Sunday for six hours between the hours of 10 am and 6 pm. Major stores are open. Small stores of under 3,000 square feet are allowed to open any time on a Sunday. If people in retail want to work on Sunday, there is always the opportunity to do so. We are not talking about that; we are talking about relaxing the rules still further.

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[Gordon Henderson]

I take the point made by my hon. Friend the Member for Montgomeryshire (Glyn Davies), but the 1994 Act recognised that Sunday is special. Perhaps he should explain why Sundays during the Olympics and Paralympics are any less special than those during the rest of the year. That is the point. This is not about opening; it is about Sundays.

One reason that we have been given for suspending the restrictions is that it would allow those visiting for the Olympics and Paralympics to shop if they so choose. Let me ask the Minister another question: why can all those visitors not buy their souvenirs and trinkets from the hundreds of small shops that are under 3,000 square feet and already have unrestricted Sunday trading hours? Indeed, rather than suspending Sunday trading restrictions to help the large stores cash in, would it not make sense to keep the restrictions in place during the Olympics? That would give a much-needed boost to small shops that are struggling to survive in the face of competition from supermarkets, which continually extend the range of non-food items that they offer.

[Philip Davies]

I am puzzled as to why my hon. Friend thinks that it is important for Sunday to be kept special for workers in supermarkets, when he does not seem to think it worth keeping it special for people who work in small convenience stores. If he wishes to be consistent, surely he should want it to be special for those people, too.

[Gordon Henderson]

I agree 100% with my hon. Friend. The point is that Sunday is special; the 1994 Act recognised that by providing for certain opening hours for large stores, and certain opening hours for small stores. I am not looking to change that; the Bill looks to change that for eight weeks this year. That is all that I am objecting to.

As I have mentioned, my wife had a couple of small shops; they closed because she could no longer face the competition from supermarkets that were moving into selling non-food goods, and the type of fancy goods and gifts that she sold, so perhaps I ought to declare an interest.

There is something else that puzzles me. We have been given assurances by the Front Benchers, but if it is true that it is important to suspend the restrictions because only large shops will be able to cater to the needs of visitors who come for the Olympics and Paralympics, why does the suspension have to take in the whole of England and Wales? I simply do not understand that. I appreciate fully that loads of visitors might stream into Stratford and the borough during the Olympics, but I cannot see that happening in Sheffield, Stourbridge, Swansea, Sittingbourne or Sheerness. Unless the Government intend to lay on buses that go from Stratford straight to Sheerness on the Isle of Sheppey, bringing thousands of people down to shop in Black Cat and other places—we would be grateful for that—I do not see why the measures have to apply nationwide, rather than being restricted to London.