Product Regulation and Metrology Bill [Lords] (Second sitting)

Sarah Gibson Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Dame Harriett Baldwin]

It will not surprise the Committee to hear that, because our very sensible amendments to clause 2 have been rejected, we continue to have significant concerns about it and the extraordinary powers it confers on the Minister. In particular, subsection (7), which we tried to amend, will allow product regulations to provide that a

“product requirement is to be treated as met if—

(a) a requirement of relevant EU law specified in product regulations is met, or

(b) such a requirement is met and conditions specified in the regulations are also met.”

Because of our concerns about those provisions, and because the Committee took the view that it did not want to accept our sensible amendments, I will divide the Committee on clause 2 stand part.

[Sarah Gibson (Chippenham) (LD)]

It is a pleasure to serve under your chairmanship, Ms Vaz. Given that addressing the changes in retail, especially the rise of online marketing, is an important part of the Bill, I feel that the clause is vital, and I will support it. It is slightly sad that colleagues on the Opposition Benches allow their ideology regarding the EU to get in the way of supporting British businesses, which, as we know, want clarity and continuity.

[Alison Griffiths]

We share the hon. Member’s view that we should all be ambitious for the United Kingdom. There is no ideology on our side. We are simply seeking a global perspective rather than a constrained perspective.

--- Later in debate ---

[Sarah Gibson]

I thank the hon. Member for her intervention, but I think we all have to recognise the reality of our starting position, which is that an awful lot of our product regulation is currently aligned. We cannot throw that out and start talking about “foreign law”, as if any country that we happen to have a trade deal with will have similar levels of scrutiny of its products.

[Aphra Brandreth]

The point is that we want to be forward-looking, and our concern is that this provision is very much backward-looking. My hon. Friends have talked about future trading partners and things like the CPTPP—things we might miss out on by being backward-looking. Does the hon. Member agree?

[Sarah Gibson]

Although I am extremely excited about any future and new trade deals the UK might have across the globe, I am a little worried that we are back to Brexit benefits, which we did not quite see. We have to be realistic: our businesses need continuity and clarity, and I believe that the Bill provides them. It would have been much more useful if we had been able to concentrate on the valid points that Opposition Members made about parliamentary scrutiny, which we could quite clearly support. I will be supporting the clause.

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

--- Later in debate ---

[Adam Thompson]

My hon. Friend speaks with great knowledge on this subject, and I completely agree with everything he says.

[Sarah Gibson]

I draw the Committee’s attention to the fact that the very complex Fire Safety Act 2021 was brought about following a serious fire caused by people who were supposed to be in charge of scrutinising product safety, but actually lied about it, presenting different products that were not part of the original product and were put together slightly differently. The reliance on experts we do not know about is quite a concern. The points made by my Opposition colleagues are extremely important: who are these experts and what scrutiny are they held to?

[Adam Thompson]

The hon. Lady makes a good point; it is very important that, in situations such as the one she describes, we maintain the utmost scrutiny. In that situation, however, it was not necessarily a failure of the standards bodies, but of the individual companies that had put forward—

[Sarah Gibson]

It is indeed the case that the standards bodies failed to check that the products they were being presented with were actually the ones on the certificates they were being asked to approve. So it was a failure of our system.

[Adam Thompson]

I appreciate that. I take the hon. Lady’s point and will continue, as I am nearly done.

The last point I wished to make was that this amendment, and many of those we have heard today, has no purpose other than to demonstrate that their proposers have broadly failed to maintain the softest grasp of what metrology is, what standard frameworks are for or even why they exist. I hope that the right hon. and hon. Members opposite will consider withdrawing their amendment; otherwise, I implore colleagues to vote against it.

--- Later in debate ---

[Sarah Gibson]

The Liberal Democrats are supportive of the amendments, specifically amendments 8 and 9, which would take the remaining regulations subject to the negative procedure and make them subject to the affirmative procedure. These powers raise serious constitutional concerns. They risk undermining Parliament’s role and shifting too much authority to the Executive. Such powers should be tightly constrained and used only when genuinely essential and accompanied by robust safeguards, including clear limits on the scope of the mandatory scrutiny procedure. We must be vigilant: laws passed by Parliament should not be easily rewritten by Ministers behind closed doors without full debate or democratic accountability. We are therefore supportive of the amendments, and I urge the Government to realise them.

[Justin Madders]

I am grateful to the hon. Members for West Worcestershire and for Chippenham for the measured way in which they have put forward their concerns, which take us back to where we started this morning. One of the central debates about the Bill concerns the level and balance of the powers in it, and ensuring that the right level of scrutiny is applied to regulations made under it. I believe that we have demonstrated through our actions in the other place that that balance has changed, and that we have struck the right note.

Amendments 8 and 9 would make all regulations made under the Bill subject to the affirmative procedure. As introduced, the Bill required new regulations to be subject to the affirmative procedure in a range of important areas, such as emergency powers and the creation of a criminal offence. However, having heard some of the concerns mentioned in the other place, we went further and amended the Bill so that the affirmative procedure would be applied to more areas, including when we impose product requirements on a new category of economic actor for the first time. We believe that that strikes the right balance between the need for scrutiny, appropriate use of parliamentary time, and the flexibility needed to keep our product and metrology regulations up to date. I will not remind Members of the quotes I gave from Ministers in the previous Administration who made similar points.

Amendments 10 to 13 are concerned with how the Bill may amend or repeal existing primary or secondary legislation. I understand the concerns about Henry VIII powers, but we heard the concerns and points expressed by peers and the Delegated Powers and Regulatory Reform Committee and have removed almost all the Henry VIII powers from the Bill.

--- Later in debate ---

[Justin Madders]

I am happy to do that, and I am sure that we will all be enlightened as a result.

Amendment 1 agreed to.

[Sarah Gibson (Chippenham) (LD)]

I beg to move amendment 35, in clause 12, page 12, line 21, at end insert—

“(i) provision described in section [Product recall].”

[The Chair]

With this it will be convenient to discuss new clause 12—Product recall—

“(1) The Secretary of State must, within six months of the passing of this Act, make regulations on product recall processes.

(2) The regulations must include provision to ensure—

(a) the creation and maintenance of a publicly accessible, government-hosted online database of all active product recalls affecting the UK market;

(b) clear obligations on manufacturers, importers, and distributors to notify the appropriate enforcement authority and upload recall notices to the database promptly upon identification of a safety risk;

(c) that recall notices include details of the affected product, risks identified, corrective action to be taken, and information on how consumers can claim a refund, replacement, or repair; and

(d) minimum standards for direct communication to affected consumers, including by email, SMS, or postal notice where reasonably practicable.

(3) The regulations must establish consumer rights entitling individuals to—

(a) a full refund, suitable replacement, or repair of a recalled product within a reasonable timeframe;

(b) access to support and guidance through the recall process, including where a product is no longer in production.

(4) The Secretary of State must consult with consumer protection organisations, trading standards bodies, manufacturers, and other relevant stakeholders before making regulations under this section.”

This new clause would ensure that a centralised Product Recall Mechanism is established to protect consumers.

[Sarah Gibson]

Amendment 35 is a technical amendment that introduces a provision for product recall, which is set out in new clause 12. The new clause would establish a robust and centralised product recall system that truly protects consumers when safety risks arise. The current product recall landscape is fragmented, inconsistent and difficult to navigate, and the new clause is an attempt to fix that.

The new clause requires the Secretary of State to introduce regulations within six months of passing the Bill to strengthen and standardise product recall processes across the UK market. The product regulations must include several key elements, including the creation of a publicly accessible, Government-hosted online database listing all active product recalls in the UK. This is about visibility—people need a single, reliable source to check whether a product that they have bought is affected. The proposal sets out clear duties on manufacturers, importers and distributors to promptly notify the relevant authorities and to upload recall information as soon as the safety risk is identified.

The new clause also includes details of mandatory content for recall notices, including details of the affected product, identified risks, corrective actions and how consumers can access a refund, repair or replacement. It would also establish minimum standards for direct communication with affected consumers, which may be by email, SMS or post. The importance is that people are actively alerted and not left to find out on their own.

Importantly, the new clause also guarantees consumer rights during a recall, including a right to a refund, replacement or repair within a reasonable timeframe, as well as access to support and guidance, even in cases when the product is no longer being manufactured. Finally, the clause requires consultation with key stakeholders, consumer groups, trading standards and industry before the regulations are made. This ensures that the system is practicable, enforceable and effective.

New clause 12 is about building a centralised and transparent recall mechanism, which is long overdue. Unsafe products must be removed from circulation swiftly, and consumers must be able to take action easily and confidently. The existing system is not working and it is not always easy for people to know which products have been recalled. The new clause seeks to address that issue. I urge the Committee to support it.

--- Later in debate ---

[Justin Madders]

I am grateful to the Lib Dem spokesperson, the hon. Member for Chippenham, for raising this important issue. The amendment is consequential on new clause 12, on product recalls. It is important to state first that the Government are reviewing product recalls, as well as the full range of existing enforcement powers available for product safety and metrology, as part of our work on developing new enforcement regulations under the Bill, so the hon. Lady’s concerns are certainly ones we are aware of. Elements of the developing proposals will be included in the broader consultation document that the Government have agreed to publish on Royal Assent.

Furthermore, consumers are already able to make a claim for a refund, repair or replacement under the Consumer Rights Act 2015, and other routes for redress include the Consumer Protection Act 1987, the Consumer Protection from Unfair Trading Regulations 2008 and the Digital Markets, Competition and Consumers Act 2024. Supply chain actors are already under an obligation to report products that pose a risk to the relevant enforcement authority, as identified in legislation under the General Product Safety Regulation 2005 and sector-specific product regulations. Additionally, a publicly accessible, Government-hosted online database of product recalls—the “Product Safety Alerts, Reports and Recalls” database—is on gov.uk.

The exact requirements and capabilities of recall notices will be considered within the wider review of enforcement powers under the Bill. Part of that review will consist of extensive engagement with stakeholders. Placing a six-month time restriction on that—as suggested by the amendment—would therefore only restrict the amount of engagement possible. We do not believe that new clause 12 is needed, so the amendment that seeks to apply the affirmative procedure to regulations made under the new clause is also unnecessary. I hope that the hon. Member for Chippenham is assured that we take the matter seriously and will act on it when the Bill receives Royal Assent.

[Sarah Gibson]

With that in mind, I will be happy to withdraw the amendment and therefore new clause 12, but as soon as Royal Assent is received, I will remind the Minister of exactly what he has said today. I will bring the subject up again. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 13, in clause 12, page 12, line 26, at end insert—

“(6A) Regulations that amend or replace primary legislation must be subject to the affirmative resolution procedure.

(6B) Before making any regulations under this section, the Secretary of State must—

(a) conduct a consultation for a period of no less than six weeks;

(b) Publish a statement outlining the purpose and necessity of the proposed regulations, the expected impact on businesses, consumers, and enforcement bodies, and the outcome of the consultation.

(6C) Within six months of any regulations made under this section which amend or repeal primary legislation, the Secretary of State must publish a review of the effect of that regulation and lay it before Parliament.” —(Dame Harriett Baldwin.)

This amendment requires that any regulations made under the Act that amend or replace primary legislation be subject to the affirmative resolution procedure.

Question put, That the amendment be made.

Product Regulation and Metrology Bill [ Lords ] (First sitting)

Sarah Gibson Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Alison Griffiths]

The amendments in this group serve a clear and vital purpose: to prevent the automatic alignment of UK product regulations with EU law and to reaffirm our sovereign right to set our own standards.

As it stands, clause 1(2) would allow Ministers to make UK regulations that correspond

“to a provision of relevant EU law”

in the area of environmental product standards. In plain English, that opens the door to copying and pasting EU rules into UK law via statutory instrument without full parliamentary scrutiny. Amendment 3 would remove subsection (2) entirely, closing that back door.

Amendments 4, 5, 7 and 21 target other provisions that risk tethering us to EU frameworks. For example, clause 2(7) would allow compliance with certain EU laws to automatically satisfy UK requirements. That is not sovereignty; it is outsourcing. This is not about rejecting co-operation with Europe. It is about ensuring that any alignment is a result of a deliberate and transparent decision made here in Westminster, not an automatic consequence of vague enabling powers. As my hon. Friends the Members for West Worcestershire and for Chester South and Eddisbury have made clear, the British people voted to leave the European Union to take back control of our laws. That control must not be quietly handed back through ministerial shortcuts.

New clause 4 is especially important. It would introduce a safeguard in the form of an independent review panel to assess any regulation made under the Bill that aligns with EU law. Where a Minister chooses to align, the panel would have to report back, within two years, on the impact on growth, trade and industry. Crucially, Parliament would then vote on whether those EU-aligned rules should remain in force. No regulation should persist by inertia. How can the Minister possibly object to a review after two years?

The amendments would not isolate us; they would empower us. They would ensure that when we choose to align with international standards, we do so on our terms, with full accountability. That is the essence of post-Brexit governance. We assert that UK regulators answer first and foremost to the UK Parliament, not to Brussels and not to Whitehall alone.

[Sarah Gibson (Chippenham) (LD)]

It is a pleasure to serve under your chairmanship, Sir John. This is only my second Bill Committee, so please accept my apologies if I fail in any of the protocol. I want to make a small point on our new clause 9, which interestingly, being on the subject of the EU, is grouped with amendments tabled by the official Opposition.

I feel that new clause 9 provides a certain compromise between the two positions. It is important to recognise that the EU continues to be one of our biggest trading partners. Currently, a lot of product legislation is aligned, and therefore divergence is a concern for business. A lot of our small enterprises find that exporting to the EU is an important part of their business, so they need clarity and certainty if any legislation or product safety regulations are going to change or diverge. Our new clause would ensure that any such change, whether a continued alignment or a divergence, is scrutinised and made the subject of a statement to the House. I would be grateful if Members supported the new clause, which I feel offers a compromise between the two positions.

[Justin Madders]

We have had several impassioned speeches from Conservative Members. Unfortunately, they are all wrong about what the Bill does. I will attempt to explain what the position actually is.

The Bill provides powers to make and amend relevant product regulations, so that the UK can act in the best interests of our businesses and consumers, which I think we would all agree is a good thing. That includes choosing to recognise or stop recognising EU product requirements. That is the key: there is absolute ability to recognise or not recognise as we see fit. This is not back-door submission to the EU or having our tummies tickled—I am not sure what the correct legislative term for that is. This is about the Government taking back control to set their own laws, as we determined back in 2016.

Amendment 3 would remove clause 1(2), which gives us a power to update regulations that address the environmental impact of products where similar provisions exist in relevant EU law. Increasingly, product regulations take account of the environmental impact of goods and provisions. The Bill will enable us, where it is in the best interests of UK businesses and consumers, to choose whether to update our laws or not. As I have set out, the Bill is about supporting the UK’s interests. Clause 1(2) means that, where it is in the UK’s interests, product regulation can make the same or similar provision as that contained in relevant EU law, which can simplify the regulatory landscape for UK businesses.

Turning to amendment 4, again, clause 2(7) allows us to act in the best interests of UK businesses and consumers. It enables us to provide that requirements in our law can be satisfied by meeting specified EU requirements, but it does not mean that we are obliged to recognise EU provisions, and it also gives us the power to end such recognition. We have been clear that decisions will be taken on a case-by-case basis, which I think is what the shadow Minister was asking for, based on the needs of UK businesses and consumers, with appropriate parliamentary scrutiny. Amendment 4 would take away that flexibility and would freeze EU law in time at May 2024. I mention May 2024 because that is when the Product Safety and Metrology etc. (Amendment) Regulations 2024, which effectively introduced the same powers as those in the Bill, were made.

--- Later in debate ---

[The Chair]

We come to amendment 38, tabled in the name of Clive Jones and Sarah Gibson. I call Sarah Jones.

[Sarah Gibson]

Thank you, Chair. I am actually Sarah Gibson.

[The Chair]

If only Sarah Jones were here!

[Sarah Gibson]

I beg to move amendment 38, in clause 1, page 1, line 14, at end insert—

“(3A) Further, the Secretary of State may only make regulations under subsections (1) or (2) if satisfied that making the regulations will not result in reducing the necessary levels of consumer protection and regulatory standards in relation to products, with reference where applicable to equivalent product regulations or standards in force at the time.”

This amendment inserts safeguards to help ensure non-regression from existing legal protections to help ensure greater certainty and a level playing field. It addresses the omission on the face of the Bill of the current legal requirement that products placed on the market must in principle be safe.

I am sure that the hon. Member for Croydon West (Sarah Jones) would speak far more eloquently than I can, but I will make a couple of points to relay to the Committee why I think amendment 38 is important.

We are trying to ensure that the Secretary of State can make regulations under clause 1 only if satisfied that doing so will not lead to a reduction in consumer protection or regulatory standards. It is not about regression; it is about preserving the baseline of legal protection that we already have, especially when it comes to product safety and regulatory quality. We are all aware of recent cases of consumer products bought online that arrive in a substandard and dangerous state. I suspect that the Minister will say that no Secretary of State will lower existing legal expectations. That is great, but why not just put it in the Bill?

Amendment 38 would direct the Secretary of State to make reference to equivalent regulations in force at the time, offering clear and objective standards for comparison. It creates greater certainty for business and confidence for consumers. We think that it is important to include in the Bill the explicit legal requirement that products placed in the market must be, in principle, safe. Without that kind of safeguard, there is a risk of regulatory weakening over time, whether intentional or through oversight, which could undermine consumer trust, market fairness and even public safety.

By locking in a non-regression commitment, we would help to maintain a level playing field, especially for businesses in the UK that already meet high standards and do not want to be undercut by those who are cutting corners. It is about ensuring that as regulations evolve, we do not compromise the public interest in the name of flexibility and deregulation. I therefore urge the Committee to support the amendment.

[Justin Madders]

I am grateful to the hon. Member for Chippenham for moving amendment 38. I reassure her that we take product safety very seriously, which is why we introduced the Bill. It is designed to ensure that only safe products are placed on the UK market, and it builds on a strong track record of protecting consumers, a goal with which we all agree.

The Bill includes robust safeguards to ensure that consumer safety and regulatory standards are not reduced when new regulations are made. The code of conduct, to which I have already referred, sets out our intelligence and engagement-led approach to assessing whether and how to update our product regulations. It means that we do not make changes in isolation; instead, we work closely with industry, consumer groups and regulators to build a clear picture of the risks, benefits and practical implications. This ensures that our regulatory decisions are evidence-based, proportionate and responsive to the evolving needs of businesses and consumers.

Product safety is often about carefully balancing the risks, while also considering consumer needs and expectations. An example that shows why we do not think it would be helpful to agree to the amendment is our current extensive engagement on potential reforms to furniture fire safety regulations. This requires weighing up the critical importance of fire resistance with the growing concerns about the health and environmental impacts of the fire-retardant chemicals used on furniture. No decisions have been made at this stage, but it is an area in which an evidence-based approach that balances those competing interests may lead to a different outcome, and that shows why tying our hands, by accepting the amendment, would not be a good idea.

We are confident that overall the Bill provides a robust and flexible framework to ensure that safety remains central, while enabling innovation and growth across the economy. Safety is the whole point of the Bill—it is central to what we are trying to achieve—but there will be occasions when different considerations come into play. The example that I gave is one very live example that shows why we do not think it helpful to accept the amendment.

[Sarah Gibson]

I thank the Minister. I have served on a Bill Committee with him before, and he knows how to appeal to the technical side of my expertise. He gave a compelling example, and I thank him for his consideration. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Dame Harriett Baldwin]

I beg to move amendment 17, in clause 1, page 1, line 21, at end insert—

“(4A) The Secretary of State must also by regulations make provision aimed at promoting investment, fostering innovation, and encouraging economic growth in relation to the marketing or use of products in the United Kingdom.

(4B) Regulations under subsection (4A) must support—

(a) the creation of economic incentives for businesses that contribute to economic growth, and

(b) the alignment of product regulations with the strategic aim of positioning the United Kingdom as a global leader in innovation.”

This amendment ensures that the regulations in the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.

The Committee will see immediately that the purpose of the amendment is to be incredibly helpful to the Government in their growth mission. How different the spirit of the amendment is from the spirit of the Bill! The Bill effectively outsources product regulation to a different Parliament; the amendment would ensure that the regulations made under the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.

Throughout our history, the UK’s innovative spirit has increased our prosperity and growth as a nation. Key innovations that became accepted around the world led to greater prosperity for our fellow citizens, so what could be more important than for the Committee to agree to the amendment? The Government are very good at saying the word growth, but they have so far signally failed to deliver it. The amendment will ensure that, when exercising the powers in the Bill, economic growth truly is the first priority, as the Government so often claim it is.

--- Later in debate ---

[Justin Madders]

The shadow Minister has helpfully read the list of sectors excluded from the schedule, so I will not repeat it. However, it is important, when a Bill has powers of this nature, that we are clear about what they do and do not relate to. As I think Members will appreciate, those excluded sectors will have other regulatory domains, which will refer to them. It is important that we are specific about what the Bill relates to, and that is the purpose of the schedule.

Question put and agreed to.

Schedule accordingly agreed to.

Clause 2

Product requirements

[Sarah Gibson]

I beg to move amendment 36, in clause 2, page 3, line 6, at end insert—

“(2A) Product regulations must include requirements in relation to an environmental impact assessment, and provisions related to the right to repair and the circular economy.”

This amendment guarantees that future regulations under the Act will include provisions which relate to the circular economy and granting consumers the right to repair products.

[The Chair]

With this it will be convenient to discuss amendment 37, in clause 11, page 10, line 38, at end insert—

“‘circular economy’ means that products are manufactured to minimise waste and maximise the use, reuse, and recyclability of products;”.

This amendment clarifies the meaning of circular economy and is consequential on Amendment 36.

[Sarah Gibson]

As Liberal Democrats, we are clear that the circular economy is not just a sustainability concept; it is a practical, forward-looking economic model that responds to the urgent challenges of waste, resource scarcity and climate change. At its core, the circular economy is about keeping resources in use for as long as possible, through reuse, repair, remanufacturing and recycling, rather than relying on the traditional “take, make, dispose” model. That shift is essential because the current, linear economy is inherently wasteful. We extract raw materials, use them briefly and discard them, often sending valuable resources to landfill or incineration.

The shift should be a win-win approach. For the environment, it reduces waste, lowers carbon emissions and reduces the pressure on our economy and ecosystems. It creates new business models, and jobs in repair and innovation, and it makes the supply chain more resilient, especially in a world facing geopolitical events and material shortages. It also brings clear benefits for consumers by encouraging the creation of products that are longer lasting, easier to fix and more affordable to maintain, which in the current climate of economic difficulties is always welcomed.

For Government and industry, the circular economy offers a strategic opportunity to modernise production, drive clean growth and lead global sustainability. We need to embed the circular economy principles, not only in waste and resource policy but across our industrial strategy, product design, and procurement and investment decisions. If we are serious about achieving net zero and protecting future generations, the circular economy must be a central pillar to our economic and environmental thinking.

While the circular economy is not necessarily new, it is something that we have lost. It was not many years ago that a faulty washing machine was mended—or even a noisy fridge, such as the one the hon. Member for West Worcestershire was concerned about. I feel that there are skills that we are beginning to lose and skills that we could be taking forward. Now, when something goes wrong, it is cheaper to replace it than to mend it. That is wrong, and this is a good place to start addressing that. I urge the Committee to support these amendments.

[Justin Madders]

I am grateful to the hon. Member for Chippenham for making a clear argument about the importance of the circular economy. The amendments she spoke to seek to mandate that all product regulations made under the Bill require an environmental impact assessment, as well as provisions related to the right to repair and the circular economy. As Members will be aware, under the duty set out in the Environment Act 2021, Ministers and policymakers must already consider the environmental impact of all new Government policies. That has been reflected on and set out in more detail in the code of conduct, to which I referred Members today and which was in response to suggestions from Members of the other place on the kinds of issues to put forward in that code.

The Secretary of State for Environment, Food and Rural Affairs has set moving to a zero-waste economy as one of the top five priorities of the Department. To support that, he has committed to work with a wide range of stakeholders to develop a circular economy strategy and a series of sectoral reform road maps to deliver a circular economy transition. It would therefore be inappropriate to introduce a definition of the circular economy in legislation at this time.

Turning to the right to repair, it is important to note that product regulations made under the Bill will cover many types of products, some of which may be inappropriate to repair, such as cosmetics. The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 introduced measures including requirements for repairability for the first time in Great Britain. Those regulations contribute to our circular economy objectives by increasing the lifespan, maintenance and waste handling of energy-related products. The Government’s aim is to introduce further right to repair measures when regulating individual products under the ecodesign for energy-related products regulations where appropriate. As those powers exist, it is unnecessary to amend the Bill in the manner being suggested.

I thank the hon. Member for Chippenham for her contributions, but hope that I have demonstrated why such amendments would be inappropriate and unnecessary due to existing legislation or work being done elsewhere across Government. I therefore ask that the amendment be withdrawn.

[Sarah Gibson]

I thank the Minister for his response. Given that work is being done elsewhere on the circular economy, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

Before we come to amendment 34, Minister, although you said that you will make a personal copy of the code of conduct available for me, I assume that it is available at the back of the room.

[The Chair]

Thank you. As it has been referred to several times, it is important that all Committee members are able to reference it.

[Sarah Gibson]

I beg to move amendment 34, in clause 2, page 3, line 21, at end insert—

“(fa) a person involved on behalf of a person mentioned in paragraphs (a) to (f), in product marketing or the use of products, including storage, transportation, packaging, labelling or disposal;”.

This amendment closes a potential loophole in the Secretary of State’s powers to ensure that, whatever their legal status or location, all relevant organisations in the supply chain, including fulfilment houses, can be held accountable by regulations to protect consumers from non-compliant goods.

The amendment is important because it adds a crucial provision that extends regulatory accountability to those involved in the broader handling and marketing of products. Specifically, it covers storage, transportation, packaging, labelling and disposal—all key parts of the product journey from manufacturer to consumer. The aim is to close a potential loophole in the powers of the Secretary of State under the Bill. Without the amendment, there is a risk that certain players in the supply chain, such as fulfilment houses, third-party logistics providers or re-packagers, could escape regulation even if they are handling non-compliant or unsafe products.

We know that consumer harm can arise at any point along the supply chain, not just at the point of manufacture or sale, so it is vital that all relevant organisations, regardless of their legal status or physical location, can be held accountable where necessary, The amendment supports stronger consumer protection, promotes fairness in the marketplace and ensures that everyone involved in putting products on the market plays to the same rules.

[Mr Holden]

The Government are clearly looking to do trade deals across the world, so will the hon. Lady reflect on the fact that, as we do not know where those fulfilment centres will be located in future, it is particularly important for the Government to look at the issue and consider it in the round?

[Sarah Gibson]

Very possibly, but the rights of consumers in the UK still need to be protected, regardless of where those fulfilment centres are. I take the right hon. Member’s point, but I feel that the provisions in the amendment still need to be included. The amendment supports stronger protection, promotes fairness in the marketplace and ensures that everyone involved in putting products on the market plays by the same rules. It provides practical, targeted safeguards to ensure that the regulatory responsibilities reflect how modern supply chains operate, so I urge Members to support the amendment.

[Justin Madders]

I thank the hon. Member for Chippenham for tabling the amendment, which seeks to add to the list of persons in clause 2(3)(i) on whom product regulations may impose requirements. I recognise her good intentions behind the amendment to ensure that all relevant actors must be captured by our regulatory framework, including fulfilment houses.

Clause 2(3)(i) strengthens that approach by making it clear that any person engaged in activities related to a product can be brought within scope. That is a critical safeguard against loopholes that could be exploited by those seeking to operate outside the law as new, often complex business models emerge. My eyes have certainly been opened in recent months about some of the new ways in which such operations can deliver products to consumers. The Government have taken care to ensure that the powers in the Bill are robust enough to account for new actors arising from both technological innovation and shifts in supply chain practice.

I hope I can reassure the hon. Member that the Bill as drafted gives us the flexibility and breadth to tackle and cover any new developments in this policy area. Amendment 34 is unnecessary because actors, such as fulfilment houses and others that undertake any activity in relation to products, are already captured by clause 2(3)(i). I therefore ask for the amendment to be withdrawn.

[Sarah Gibson]

Given that the Government feel that this issue is captured elsewhere, I am happy to withdraw the amendment. However, further work needs to be done to ensure that third parties that are involved are given the protection that they need. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

I am mindful, Dame Harriett, that you wanted to divide the Committee on amendment 4 to clause 2, which we debated with amendment 3. Do you wish to move that amendment formally?

Hair and Beauty Sector: Government Policy

Sarah Gibson Excerpts

Wednesday 23rd April 2025 Westminster Hall

[Sarah Gibson (Chippenham) (LD)]

It is a pleasure to serve under your chairmanship, Ms McVey.

I thank the hon. Member for Hornchurch and Upminster (Julia Lopez) for securing the debate. She made an important point about the fact that small businesses in the hair sector have endured a perfect storm: the pandemic, soaring energy bills, red tape and unfair tax bills. Everyone present today has called for the Government to recognise this industry’s importance to our economy, our high streets and the communities that we represent. With that in mind, I will pick up on three points made by my colleagues today about employer national insurance contributions, forced self-employment and apprenticeships.

The hon. Members for Strangford (Jim Shannon) and for South Northamptonshire (Sarah Bool) pointed out that the hike in NICs has meant that many small businesses in the industry are just breaking even, never mind making a profit. That is why the Liberal Democrats oppose the Government’s increase to national insurance. We believe it to be an unfair tax on jobs. The Government will reiterate that the employment allowance helped the smallest businesses, but the British Hair Consortium estimates that the changes could add more than £40,000 to the payroll costs of a typical business of this type.

This week, a salon in Royal Wootton Bassett in my constituency told me of a trend across the sector of encouragement to become self-employed, as has been mentioned by many colleagues today—“rent a chair”, my constituent called it. That did not come as any surprise to me, nor will it to other Members. The increasing costs associated with employing staff, coupled with the complex and fairly impenetrable Employment Rights Bill coming down the line, mean that many small businesses such as salons are struggling to plan ahead. These are small businesses whose owners run them in the evenings, not during the day, when they are trying to run the salon. They need clarity from the Government about that Bill and what it will mean for them, and they need support to retain some of their staff. If they do not get that support the industry will see a huge increase in the number of people becoming “chair renters”. I hope that the Minister will address some of the issues of clarity in that Bill.

In addition to the challenge of retaining staff, small businesses find it almost impossible to afford to host apprentices in the current climate—that point was raised by the hon. Member for Hornchurch and Upminster. Hair salons and the beauty sector have long provided a route into meaningful careers for young people, particularly those from disadvantaged backgrounds, but the current apprenticeship levy is not working for them. The Liberal Democrats would like a more flexible skills and training levy that helps businesses invest in their teams.

On Friday I will support a careers fair in Wiltshire that will connect students with lots of small local businesses. I hope that the Minister’s response will enable me to reassure those budding apprentices about their futures. I congratulate the hon. Member for Hornchurch and Upminster for securing this important debate.

--- Later in debate ---

[Gareth Thomas]

I would have thought that the hon. Lady would welcome the measures we took in the Budget to protect the smallest businesses. We increased the employment allowance so that almost 1 million employers pay no national insurance contributions at all. More than half of employers will see no change or gain from that package, and that includes many hair and beauty businesses, as the vast majority of them are micro-sized.

[Sarah Gibson]

Does the Minister not agree that, at the same time, he reduced the threshold at which that measure steps in, such that any allowances mean that it is counterproductive to most small businesses? There is an increase in NICs once they pay it, and the fact that they pay it on a £5,000 rather than £10,000 employment means that lots of part-time workers are suddenly liable for employment contributions when they were not before.

[Gareth Thomas]

I will go back to the point I made earlier. We inherited a very difficult fiscal position, which, to be fair to them, the Liberal Democrats do accept. Unfortunately, the Liberal Democrats never like taking difficult decisions in my experience, although they are happy to support the benefits of those difficult decisions.

We sought to protect small businesses as much as we could in the Budget, in order to repair the finances of the country going forward. We are also creating a fairer business rates system that protects the high street, supports investment and is fit for the 21st century. We have committed to reforming business rates from 2026-27 with a permanently lower multiplier for retail, leisure and hospitality businesses, which will include hair and beauty salons.

I also understand that the sector is competing against unfair and illegitimate businesses, as many hon. Members drew attention to. His Majesty’s Revenue and Customs recognises that tax can be very complex, and we are working with the sector to help businesses to remain within the rules. However, there are those who are engaged in criminal activity, and we take that very seriously. As has been well chronicled across various media outlets, the National Crime Agency has been co-ordinating Operation Machinize, during which 265 premises were visited and officers secured freezing orders over bank accounts totalling more than £1 million. Other work in that space is ongoing. We will continue to support law enforcement partners to tackle high street crime more generally. Improved funding to help those partners go after gangs was also announced in the Budget.

Later this year, we will be publishing our small business strategy, which will set out the Government’s vision for small businesses. It will focus on boosting a range of support to businesses to create thriving high streets, make it easier to access finance, open up overseas and domestic markets, build business capabilities, and provide a strong business environment. All those are vital to the growth and resilience of the hair and beauty industry, and I will certainly continue to work with the sector as the strategy develops.

My hon. Friend the Member for Ribble Valley specifically asked me about the consultation run by the previous Government, and whether the Government are going to respond to it. We are due to respond as soon as possible. The Department of Health is leading on that issue, so I hope she will continue to watch this area and campaign on it going forward.

In conclusion, I know that the hair and beauty industry is incredibly important to every high street and every community in the UK, and I will continue to champion it in the House and across Government.

Scunthorpe Steelworks

Sarah Gibson Excerpts

Monday 7th April 2025 Commons Chamber

[Sarah Gibson (Chippenham) (LD)]

Speculation around British Steel at the Scunthorpe plant is deeply concerning for the workers and business owners alike, who are desperately waiting for the Government to deliver just one piece of good news. Steel is vital to our green economy as it plays a huge role in our ability to extend our railways and to build zero carbon homes. What incentive does British Steel have to keep going? It has had to contend with the Chancellor’s decision to hike national insurance contributions and with Trump’s terrifying tariffs.

Manufacturing businesses need the Government to offer reassurance, certainty and stability. We need to move from a patchwork of last-minute rescues to a long-term plan that will see industry on a sustainable footing. We need a robust industrial strategy with a proper plan for steel within it. We have been told to expect this industrial strategy shortly. Will the Minister confirm exactly when we will have it? Can she reassure the small and medium-sized manufacturing businesses in my constituency and across rural England that Britain wants them to grow? Will the strategy include a long-term vision that will allow the UK to secure the investment that we need for virgin steel production?

[Sarah Jones]

I can reassure the hon. Lady that we are developing a long- term plan in the industrial strategy. We are developing the plan for steel, as I have said, and alongside that we have our trade strategy, which has become very significant in recent times. She is right to point to the tariffs that have been placed on steel and aluminium. This is a deeply difficult situation and I have met the steel sector on multiple occasions to talk about it. That is what the conversation that is happening in Stafford as we speak is about: what extra measures need to be put in place. The Secretary of State met the Trade Remedies Authority this morning to push on some of the issues around trade protections.

The hon. Lady talked about the SME manufacturing supply chain. Of course that is very important and we will do what we can within the industrial strategy and the steel strategy to support those businesses. I understand that the speculation about what may or may not happen at Scunthorpe is deeply distressing, not just to the workers and their families but to all those who are part of the supply chain. That is why we will continue at pace to have the conversations we need to have with British Steel to ensure that we do the right thing, and as I said, nothing is off the table.

Terms and Conditions of Employment

Sarah Gibson Excerpts

Tuesday 25th March 2025 Commons Chamber

[Sarah Gibson (Chippenham) (LD)]

Let me begin by thanking the Government for laying this important statutory instrument. The Liberal Democrats welcome this uplift in the minimum wage. We all have constituents who we know are struggling to make ends meet. Nobody should be in a position where they cannot pay their bills despite being in employment. I am particularly pleased that apprentices and those under 18 will benefit from increased pay under this instrument. In a few weeks’ time, I will join Wilshire College students and businesses across my constituency at a careers fair, and this will be an important piece of legislation to share with them.

My constituency is rural, and many of the people I represent are elderly and depend on the social care system to stay independent. Unfortunately, they are struggling to get the care they need and deserve, in part because care workers are not being paid properly. If we paid care staff more, we might encourage more people into that hugely understaffed sector. In south-west England alone there are 13,000 vacant jobs, and in a rural constituency such as mine, where public transport is expensive and unreliable, care staff are not compensated for their travel time, and they often end up bringing home less than the minimum wage. While I share the official Opposition’s concern about small businesses, of which my constituency has a huge number, it is important that low-paid workers earn enough to live, especially our young people and women.

If the Government were to adopt the Liberal Democrat proposal for a carer’s minimum wage, which would see carers receive £2 more per hour than the current minimum wage, a staggering 850,000 care workers across the UK would benefit from that increase in pay, and over 80% of them would be women. We understand that the carer’s minimum wage is not a silver bullet, but it is serious proposal that could make a big difference to patients and families across the country. Although the Liberal Democrats support increasing the minimum wage, it is a shame that this statutory instrument does not go further and give weight to that proposal.

Employment Rights Bill (Fourteenth sitting)

Sarah Gibson Excerpts

Committee stage
Tuesday 17th December 2024 Public Bill Committees

[Nick Timothy]

Perhaps we could, but I am trying to make the argument that, in the end, when we are talking about employment in the public sector—when we are talking about terms and conditions and things like that—yes, these things are obviously of huge importance to the employees themselves, but they are also important regarding the way in which employers set themselves up. The purpose of a school is obviously to educate our children, and the ultimate objective is to drive up those academic standards. That is the context in which we are discussing these particular academy freedoms and what this Bill therefore does.

It is the case that free school and academy founders have been in the vanguard of reform, precisely because they have been able to use their freedoms from local council control—freedoms to develop the curriculum in their own way, to set things such as the school day and term dates, and to decide the pay and conditions for their staff themselves. We can see that in the data that is published: it is not just about things such the PISA rankings; it is also about things such as the trends in international mathematics and science study, an international comparative study, which was published a couple of weeks ago and showed that, despite the pandemic, English schools have actually improved and have outperformed almost all western countries.

It is also the case that the progress data that the Government have published demonstrates that the best schools in the country have benefited from exactly those kinds of freedoms. The best school in the country, looking at performance data, is Michaela, which is a free school. Free schools and academies far outperform normal maintained schools when it comes to that data, and that is because of the freedoms that we are talking about trying to defend through our amendment.

I know that this is a debate for another time, but I am very disappointed that the Government have cancelled the next wave of free schools, that they have weakened things such as Ofsted and its inspection framework, and that they want to water down discipline policies and so on. I am very disappointed as well that, through measures such as this, the Government are watering down the academy freedoms that have done so much to make our schools the best in the world.

[Sarah Gibson (Chippenham) (LD)]

It is a pleasure to serve under your chairship this afternoon, Ms Vaz. I share the passion of the hon. Member for West Suffolk for education—as I stated earlier, both my parents became headteachers before retirement—so I appreciate that he is very concerned about the state of education in our country. However, I am very concerned that this amendment is in danger of creating a slightly two-tiered system between maintained schools and academies, whereby maintained schools would have a certain level of protection for their staff that would not be there in academies.

If this change is so important for the academies, my question to the hon. Members for Mid Buckinghamshire and for West Suffolk would be that, if this is good for academies, surely it is good for maintained schools? In that case, why are we not arguing that this whole Bill should be changed, and that this whole clause should be taken out and the change therefore applied to all schools?

I am also concerned about the separation of requirements for one school and not for the other.

[Greg Smith]

Does the point the hon. Lady is trying to argue go to the very reason for having different types of school in the system? Academies were set up by the last Labour Government for a reason, which was to have additional freedoms such as those the amendment defends. Free schools were set up by the coalition Government, of which the Liberal Democrats were part, to have a different set of freedoms—in that sense, parental and governing body freedoms that are over and above everyone else. If we were to make all schools the same, surely that is an argument for one style of school alone.

[Sarah Gibson]

I appreciate the clarification. The point of free schools and academies was to have a diversity of education. A diversity of employment rights, which is what we are discussing, is a different element. If we end up with a situation where I, as a member of support staff, am looking at two jobs in my region, and one is with a maintained school and one is with an academy, and there is protection for one, I can only see that as detrimental to our academies. I am unable to support a provision that separates those two types of school.

[Greg Smith]

I am grateful to the hon. Lady for giving way once more. She is presuming that the academy would be offering a lower rate, but in fact, it might be the case that, in order to attract staff, the academy offers something much higher.

[Sarah Gibson]

I appreciate the point, and the shadow Minister is quite right: I was assuming that without support there might be such a situation. However, that does not detract from the fact that in most situations, having a body that someone can go to that is independent from their employer has to be a supporting situation. Nobody would go to that body for support if they were being paid above the average in their area.

[Laurence Turner]

Is it the case—perhaps this gets to the heart of the matter—that the proposed way that the SSSNB would work is that a matter would be referred to a body, an agreement would be reached, and it would be passed back to the Secretary of State to write it into regulations? Nowhere in the Bill does it say that that would be a ceiling. If it was something that was negotiated between the parties, it would be a floor that could be improved on. There is nothing in the Bill to stop that happening.

[Sarah Gibson]

I appreciate the clarification. That makes perfect sense—it would be unlikely that a body representing employees would create a ceiling, so I cannot help feeling that that issue is not likely to come up. With that in mind, I am unable to support the amendment.

[Justin Madders]

It is a pleasure to see you in the Chair this afternoon, Ms Vaz, and as always I refer to my entry in the Register of Members’ Financial Interests, and my membership of the GMB and Unite trade unions.

The shadow Minister will not be surprised to hear that we are not going to accept the amendment, as it would drive a coach and horses through what we are trying to achieve. The remit in the Bill gives the negotiating body the scope necessary to negotiate and reach agreements on pay and conditions, and advise on training and career progression for all school support staff. The Secretary of State may then incorporate agreements reached in support staff contracts through secondary legislation. As has been pointed out, that would be a floor. It will be possible for schools to innovate above that, and the detail will be worked out in due course. This is about creating a baseline for terms and conditions, not a ceiling.

As the shadow Minister knows, as roughly half of the 24,000 state-funded schools are academies the amendment would seriously undermine the policy intention of the SSSNB. We believe that about 800,000 employees would be positively impacted by the Bill, but the amendment would mean that school support staff in academies would have no voice, and no opportunity to raise their concerns about pay, career progression and training prospects, which we know are real issues, particularly in the SEN sectors. There would no vehicle for them, because they would not be part of this body. Of course their employers would have to have regard to what the SSSNB decided, but there would be no legal requirement for those terms to be incorporated into individual contracts. I think that misses the point of what we are trying to achieve here. I do not accept that there is a connection between good educational outcomes and low pay for teaching assistants, which seems to be the thrust of the argument from the Opposition. As my hon. Friend the Member for Birmingham Northfield said, the references in the amendment to a framework are not particularly helpful, as it is not defined and would create more confusion. We should say that it is not just academies that can demonstrate excellence in innovation. All schools have the ability to do that, and there will be room for all schools to continue to innovate under the legislation and meet their local recruitment needs.

--- Later in debate ---

[Greg Smith]

No, of course it does not remove academies from the system, but it does take away a freedom and power that all those wonderful academies, many in my own constituency and I am sure some in the Minister’s, currently enjoy to be able to set their educational offer, including the power of who they recruit and on what basis they recruit them. I come back to the point I made when I intervened on the hon. Member for Chippenham; if we are going to just make everything the same again, there needs to be an honesty about actually advocating that from the Government, from the Liberal Democrats or from whoever it might be. I value and welcome the choice that we have in our education system, and this is one of those freedoms that makes that choice possible.

[Sarah Gibson]

Will the hon. Gentleman give way?

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

Will the hon. Gentleman give way?

[Greg Smith]

I will give way to the hon. Lady first.

[Sarah Gibson]

I could not agree more with the hon. Gentleman about the importance of diversity of education. One of the things that academies and free schools have done very well is cater for children with learning difficulties, whether they are dyslexic or autistic, or doing all the other things that probably many of us in this room have benefited from. However, basic rights as an employee of an institution and the right to protection and a body to go to if somebody feels that they are being unfairly treated have little to do with diversity of education. I cannot help feeling that we are conflating the two issues of employment rights and educational standards, which do not necessarily go hand in hand. Paying staff well does not stop an institution having a diverse and fantastic form of education.

[Greg Smith]

I think the hon. Lady has potentially misinterpreted my remarks. I am not directly conflating the pay of staff with the educational outcome: I am saying that there are academies that may well be able to structure their own affairs in the way they recruit, pay and set terms and conditions so that that is actually more favourable. That is one of those fundamental freedoms that make academies—and free schools, for that matter—different and able to offer the diversity that we both seem to celebrate, particularly in supporting those children who need additional support to whatever degree in that setting. Someone else was waving at me a minute ago.

--- Later in debate ---

[Laurence Turner]

I want to come back on some of the points that the shadow Minister raised. I appreciate his clarification about exactly what information the Opposition are trying to tease out with amendment 124. I hope he does not mind me saying that the cost of any future settlement agreement is speculative in nature. We heard from the Minister earlier that part of the remit that Ministers will give the body will be about affordability and the funding available at the time. It will probably be several years in the future when that new pay scale comes into force, albeit that there is some good work that the SSSNB could be getting on with in the interim that would have very low costs for the sector.

We have some information about how much the body itself would cost. An answer to a written parliamentary question in 2011 put the estimated cost saving of abolishing the SSSNB at £1.4 million over the spending review period. That was about £350,000 a year. In today’s prices, we are looking at close to half a million. That is a very small fraction of a percentage of the Department’s budget, and it is probably an overestimate given that civil service wages have not kept pace with inflation over that time. The former education spokesperson for the Labour party, Andy Burnham, who was involved in the setting up of the original SSSNB, described it as a “low-cost panel”. That is exactly what we are talking about here. I hope that that provides some reassurance that amendment 124 is not necessary.

The SSSNB produced annual reports, which were published by the Government in the normal way. The Department for Education tracks the costs of school support staff pay increases. That information is made available, including to sector representatives, through the schools and academies funding group. I hear what the shadow Minister says, but I do not think these amendments are necessary because the information is unknowable or already available, or it will be made available in the normal course of business.

[Sarah Gibson]

For similar reasons as I was concerned about previous amendments, I feel that I cannot support this amendment. I think it is unnecessary to add more complications to the system on things that are probably already covered in other areas.

[Justin Madders]

I thank the shadow Minister for tabling amendment 123 and 124 and for raising these issues. The Department will assess the cost implications of the constitutional arrangements of the SSSNB prior to constituting it, but it would be disproportionate to require an impact assessment. My hon. Friend the Member for Birmingham Northfield referred to some costs; those costs have not necessarily been pinned down at this stage, but they are clearly below the level at which a formal impact assessment would normally be required. It is envisaged that the costs of the body will be limited to administrative expenses and fees, so we do not think that amendment 124 is necessary.

The Bill requires the constitutional arrangements for the SSSNB to provide for it to prepare annual reports; it allows the Secretary of State to specify the manner in which reports are published. Assessing the impact on the education sector of agreements reached will be important, prior to the Secretary of State’s ratification of any agreements. We anticipate that the Department for Education will undertake an assessment of affordability and impact, as it will be better placed to do so than the SSSNB itself. It is important to note that there will be employers on the SSSNB who will be part of the body making those recommendations, so they will have those considerations at the forefront of their mind.

Considerations of cost and affordability will be an important part of any discussions and negotiations that take place in the SSSNB. Annual reports are likely to set out the work undertaken by the body, but the exact detail of what will be in the annual reports will be agreed at a later date; I do not think that it would be appropriate to specify that in the Bill.

--- Later in debate ---

[Sarah Gibson]

I support the schedule. Over the past 10 years, we have seen how difficult it has been to retain and employ support staff in our schools, partly because they do not see a career progression and do not see themselves valued. I hope that this body will help to support those staff and will allow them to feel that they are very much part of the education authority and so have that support.

[Laurence Turner]

We have covered a huge amount of ground in this debate, so I will restrict my remarks to a few matters that have been raised. I say to the shadow Minister that if he thought that the Minister’s summary was bureaucratic and difficult to follow, he should sit through some meetings of the National Joint Council for Local Government Services, which is the dominant mode through which pay and terms and conditions are set.

It is worth reflecting briefly on some of the practical issues in schools that can be remedied through this new approach. It is a well-known problem that schoolteachers’ and school support staff’s pay award dates are misaligned. For schoolteachers, it is September; for school support staff, it is April, with the financial year. That can be a nightmare for bursars, school business managers and large employers, who have to plan their budgets with that significant difference.

In a previous life, I sat through a working group convened by the Local Government Association through the NJC on a vexed issue: how can school support staff’s work out of term-time be calculated on a term-time-only contract, because they are accumulating annual leave but cannot take all of it during term? It was a bit like a version of this Committee that reached no conclusions and never ended. These are real problems that result from the ossification of the NJC system. It is not appropriate for school support staff workers. As we all know, when a pay and grading system becomes ossified, legal danger lurks for employers in the inconsistencies that emerge.

There is no justification for saying that TA level 2 means something completely different in neighbouring authorities. That can become a block on people’s progression and ambitions to relocate. Multi-academy trusts and other academy employers overwhelmingly remain subscribed to the NJC, because this system of pay and grading, which has grown up over decades, is labyrinthine and difficult to follow, and most academy trusts do not have the HR and payroll functions to put something new in place.

We can put some figures on this. The school workforce census carried out by the Department for Education collects data on NJC coverage compared with other pay gradings. For local authority maintained schools, 80% of school support staff are paid on NJC grades, when non-responses are excluded. For academies, the figure is 77%, so there is no huge difference between the two sectors. Even among the remainder, some staff are employed under separate agreements with Soulbury terms, so are quite separate, and a high proportion—possibly even the majority—are paid on NJC-like terms and conditions, although there might be some local improvements to those pay gradings. That is the issue that the Confederation of School Trusts raised in its written evidence, and I think it has been addressed through this Committee. We are seeking to establish a floor, not a ceiling, so local improvements can still be made where employers and trade unions agree them.

The clause takes a lot from the lessons that were learned from the previous iteration of the SSSNB, which is welcome. The clauses on the adult social care negotiating body contain a general provision that any specified matter relating to employment could be referred to that body. Proposed new section 148J is drafted a bit more tightly for the SSSNB—at least, that is my reading of it—so I wonder whether there is a case for aligning the wording for the two bodies.

Let me go back to why we are doing this. School support staff are the hidden professionals in the education system. I did not just represent school support staff; I was once a school governor in a specialist SEND setting, and there were school support staff and teaching assistants. It is important to remember that the term covers site staff, cleaners, caterers and all sorts of other workers, who often do not get talked about. Those workers make lifesaving interventions—they may have to administer medicine or perform a medical intervention that literally keeps a child alive—but they are paid about £14,000 a year. That represents a failure of central Government to account for the pay, conditions and wellbeing of all the people who work in schools. The measures we are discussing are hugely important and welcome, and it is very welcome that the Bill has been brought forward this early in the Parliament.

--- Later in debate ---

I ask the Minister, when he is looking at pay and terms and conditions for the adult social care workforce, and the negotiating body that the clause will create, to reflect on the wider challenges facing those working in our adult social care sector—and, to be honest, the children’s social care sector as well. He should look particularly at the costs to them personally—not to a company, a council or the Government, but to them as individuals—and at practical measures that would properly compensate them for the cost of simply doing their job of going from household to household, hospital to hospital, or care home to care home, looking after the people they are so passionate about looking after and so good at delivering care for. That would be a far better way of approaching the problem than creating this additional ideologically driven bureaucracy, which I am not sure will solve any of the problems that he thinks it will.

[Sarah Gibson]

I rise to speak to the amendment, but I note that the whole clause is relevant. As the shadow Minister stated, this debate is fairly similar to the discussion we had about the SSSNB. Our hope for the adult social care negotiating body, similar to that for the SSSNB, is that having a uniform body can help to negotiate and address some of the issues that he highlighted, such as the poor pay and terms and conditions that a lot of adult social care workers suffer.

Social care providers in my constituency, many of which are not for profit, have welcomed the fact that the adult social care negotiating body will include providers, and that they will be able to discuss this issue together. I feel that that is an important point when discussing some of the issues that hon. Members might be concerned about. There is a suggestion that the Government might consider that some of those not-for-profit providers should be included in the negotiating body so that they have a voice.

However, several of the providers in my constituency that I have spoken to have said that, as employers who take their employees seriously and pay them properly throughout the day, they welcome the body on the grounds that it will give them a level playing field against the many employers who do not do that, since they feel that they are commercially disadvantaged against those employers. That is the predominant response that I have heard from employers in my constituency. With that in mind, I will not support the amendment and I do support the clause.

[Justin Madders]

The shadow Minister will not be surprised to learn that we do not support his amendments. Amendment 121 seeks to require an assessment of the impact of the new negotiating body on the adult social care sector. The Government have already produced a comprehensive set of impact assessments for the Bill, including one on the fair pay agreement for adult social care. That was published on Second Reading and was based on the best available evidence regarding the potential impact on businesses, workers and the wider economy.

The adult social care fair pay agreement will be subject to sector-wide collective bargaining and negotiation. At this stage, our impact assessment provides an illustrative analysis of its potential impact, including the magnitude of the cost to businesses, as well as the benefits for up to 1.6 million social care workers. We intend to refine that analysis over time, working closely with businesses, trade unions, academics and, of course, the Department of Health and Social Care.

As is standard practice, we will publish an enactment impact assessment once the Bill reaches Royal Assent, in line with the better regulation framework requirements. That will account for where the Bill has been amended in its passage through Parliament in such a way as to significantly change its impacts on business. That impact assessment will be published alongside the enacted legislation. In addition, the Government will produce an impact assessment to accompany regulations connected to the establishment of the negotiating body.

The Minister asked why the body is needed—what is the evidence base? He will be aware of the evidence given to the Committee, both orally and in writing, about its importance. The hon. Member for Chippenham spoke of the need for a level playing field, which is certainly a big part of what we are looking at here, because many of us will know from our experiences in our constituencies—never mind the evidence before the Committee—that, fundamentally, the adult social care sector is in desperate need of help. We have known that for a very long time, and if Members care to look at the Low Pay Commission’s recent reports, they will see that it has dedicated a considerable amount of space in them to the challenges in the sector. Trade unions, of course, have also been calling for action in this area for many years.

It is also well known that there are huge recruitment and retention challenges in the adult social care workforce. It is a very large sector, employing about 1.6 million workers, which is about 5% of all people in adult employment, and it plays an important role. The people in those roles are predominantly women and, as was noted during the evidence sessions—and backed up by the analysis in the impact assessment—there are about 130,000 vacancies at the moment. It was also noted that filled posts have reduced by 4% recently, and that the shortfall since 2022 has been plugged primarily by overseas workers, which we know is a topic of great interest.

The turnover rate in the sector is incredibly high: it has been higher than 25% since 2016 and was consistently over 30% between 2017-18 and 2022-23. There were some improvements last year, but that was largely driven by international recruitment, and the turnover rate is generally much higher than the UK average. The impact assessment notes that, while some movement is healthy, the higher rates witnessed can be disruptive and impact not only productivity, but the quality of service, with recipients of care not getting continuity. I think we can all recognise the situation in which a person in receipt of care has a different person turning up every day and how disruptive that can be. It is important to note that recipients of care, and not just the workers, will benefit from the Bill.

We know that low pay is rife, as has been identified by the Low Pay Commission. In December 2023, the average wage was £11, and nearly 70% of workers were paid within £1 of the minimum wage. In the last two reports by the Low Pay Commission, space has been dedicated to underpayment in the sector. In its latest report, the Low Pay Commission said:

“In the social care sector, non-compliance appears persistent”.

The shadow Minister asked a wider point about travel costs. He will no doubt welcome the announcement in the Budget that we are freezing fuel duty, but the cost of travel is a much broader issue than the point he raised. Clause 30 will allow broader questions of terms and conditions to be considered. Clause 39 is also important, because it deals with record keeping. We know from research by Unison that about one quarter of domiciliary care workers are repaid only for travel time, and only 18% of them have the travel time listed on their payslips. Given that these people often earn close to the minimum wage, this is an absolute scandal that needs to be addressed. The shadow Minister made an important point about travel, but we hope that the fundamentals of ensuring that people are paid for that travel time will be addressed by the negotiating body.

Let me turn to amendment 122. The Government are committed to engaging with the adult social care sector on the design of a fair pay agreement, including how the negotiating body will be set up, how it should operate and how negotiations will run. The powers under clause 29 allow for the Secretary of State to create the adult social care negotiating body by regulations and to provide for the smooth and efficient running of that body. The regulations will confirm the type of body being created. The power also allows for reporting requirements to be imposed on the negotiating body, such as producing reports. Engagement with the sector will ultimately influence the type of body that the negotiating body actually becomes. All public bodies have specific reporting requirements to meet transparency standards.

I can confirm that the Department of Health and Social Care has committed to publishing an impact assessment on establishing fair pay agreements in the adult social care sector to accompany the secondary legislation required to establish the negotiating body. It is intended that the assessment will include an analysis of the potential costs and benefits that will arise from a fair pay agreement. On that basis, I invite the shadow Minister to withdraw his amendment.

--- Later in debate ---

[Alison Hume (Scarborough and Whitby) (Lab)]

It is a pleasure to serve with you in the Chair once again, Ms Vaz. I remind the Committee about my membership of Unison.

We all want to live in a place we can call home, with people and things we love, in communities where we look out for one another and do the things that matter to us. Adult social carers support millions of people every day in that. The shadow Minister rightly spoke about the vital contribution made by social work carers who go to support people in their own homes, but there are other carers who support people who have highly complex needs to live in specialised settings. One of those people is my adult son, who has been in supported living for the last six years. It took a while to find him the right setting, but he is now living in a specialised service that accommodates people who have a diagnosis of autism spectrum disorder, and I am pleased to say that he is thriving.

Members of the Committee may be aware that one of the defining characteristics of ASD is how neurodivergent people relate to, and connect with, the people who care for them. My son sees his carers as being part of an extended circle of trust—not family, but close. After all, why shouldn’t he? They support him with all his daily living needs. They plan his meals, accompany him to the shops to buy food, help him to cook it and keep him company while he eats it. They help him to do all the chores that any 26-year-old young man would rather not do at all. But far more importantly, the staff who care for my son help him in all aspects of his life so that he can achieve the best he can, whether through volunteering to build up his confidence or through educational opportunities to improve his prospects of work.

Many of these staff are highly skilled. I cannot speak highly enough of the work they do. They have worked in adult social care for many years and are dedicated to the people they care for, like my son, but others are new in the job and do not stay long. That is not as a result of not wanting to do the job, but of not being able to afford to stay in the job. In fact, some carers live in poverty. For young adults like my son, the turnover and lack of consistency in staff, which is no fault of the organisation that employs them, means that his extended circles of trust are continually broken down. That leads to a lack of engagement, which affects his mental health and wellbeing.

I wanted to talk about my lived experience to shed light on why the adult social care negotiating body and the whole Bill are so important, because we so need a step change in our attitude to social care. We must respect the work that social care workers do and value it more highly. Three quarters of those who work in the industry are women, and they earn around only 68% of the median salary for all UK employees. It is just not good enough. I welcome the negotiating body, which I believe will be a game changer in addressing low pay and insecure employment. It will send a powerful message to the 1.59 million social care workers in England to say, “You are valued, you are respected and you are part of a profession that I am proud to say the new Government are committed to supporting in the long term.”

[Sarah Gibson]

I start by thanking the hon. Member for Scarborough and Whitby for that very personal story. I imagine it has been extremely difficult. She must be very relieved to have finally found somewhere where her son is happy. I have several friends with children in similar situations. I know that it can be extremely stressful.

We are all in agreement that people working in social care have been undervalued for a long time. These provisions are incredibly helpful in bringing them to the fore and in trying to make their conditions of work considerably better. Members on both sides of the Committee have made that point very clearly.

I have one specific concern, which is on clause 41, where it talks about

“provision that has retrospective effect.”

Like the hon. Member for Mid Buckinghamshire, I find the word retrospective in any legislation extremely worrying. My background is in the building industry, and that retrospective element has been introduced many times in the 20 years that I have been in the building industry, to the detriment of many of the hard-working professionals involved.

This clause concerns me because many of our care-provider employers are small businesses, and they are also not-for-profit small businesses. Those small businesses will be in no position whatsoever to provide any retrospective increase in salary if they are asked to do so, because they simply do not have any profits—because they are not for profit—to draw on to pay any increase. I am very concerned that if subsequent legislation were to introduce a retrospective pay increase that these firms do not have provision for, that would detrimentally affect some of these hard-working and useful not-for-profit care providers. As it stands, I will not be able to support that clause.

[Justin Madders]

I will deal with the point raised by the Liberal Democrat spokesperson and the shadow Minister first. This measure is about the practicality of negotiations. Clause 41 is not trying to say that the body will reach back in time to change workers’ terms and conditions; it is about the fair pay body agreeing terms and conditions, and the period between that agreement being reached and it then being ratified and passed in regulations by the Secretary of State.

For example, if the body said that from 1 April 2028, for argument’s sake, there would be an uplift of whatever pence or pounds an hour to everyone’s pay, and if the regulations enacting that were not passed until July of that year, the retrospectivity would be from July 2028 back to 1 April, so that pay can be included. That is normal in pay negotiations. That is all it is; it is not about trying to unpick previous agreements; it is about the way that anything agreed is implemented.

The shadow Minister said that we legislate first and consult second. As he will be aware, introducing a fair pay agreement in such a huge area of employment in this country is a novel and groundbreaking introduction to our legal system, so we need to put the legislative framework in place, which is what the Bill does. The detail and how it will work in practice is what the consultation and the secondary legislation will deal with. That is the proper way to do this, and that is how we will get this right. The Government are absolutely committed to getting this right. We absolutely recognise the terrible pay and conditions that lots of people in the adult social care sector face and the need for this kind of body to try and drive out those poor practices.

The shadow Minister asked about clause 33 and the ability of the Secretary of State to refer matters back to the negotiating body. He will of course understand that as the Bill is currently drafted the Secretary of State will need to pass regulations in order to enact many of the recommendations from the body. Some will be guidance, but that will still need the Secretary of State’s involvement. It simply would not be tenable for the Secretary of State to be compelled to pass legislation with which they did not agree, so I am sure that the shadow Minister will appreciate why that is in the Bill. We hope that that does not come to pass—it would clearly not be in the spirit of what we are trying to achieve—but we have no way of knowing what the future holds in that respect. It is therefore important for the Secretary of State, who is the person responsible for this system, to have the final say on such matters.

Employment Rights Bill (Thirteenth sitting)

Sarah Gibson Excerpts

Committee stage
Tuesday 17th December 2024 Public Bill Committees

[Greg Smith]

My hon. Friend indicates that perhaps there are not any left. I fundamentally disagree with the point made by the hon. Member for Torbay. It is not about profits for the private sector, although the profit motive is an important element in driving up service standards and ensuring that if a company wants to keep a contract, it has to deliver on it.

Some councils have failed on this front by failing to set the specification of a contract correctly and failing, as the client, to enforce against the contract. That is where we see failure on so many fronts; it has little to do with terms and conditions or the points covered by the clause. Often, an ill-equipped council, be it the members or the officers—I have seen this from both sides—fails to properly specify in the first place, when it goes to market, and then fails to deliver proper contract management. That is where we see gremlins creep into the system and unintended consequences come about.

I gently point out to the hon. Member for Torbay that when I was in local government, we saw many benefits from competitive tendering over multiple iterations of the contract. I can ensure him that in the cabinet portfolios that I held in that local authority, where I was directly overseeing the waste, street cleansing and grounds maintenance contracts, I was pretty tough on those contractors in ensuring that they did drive up standards. But sometimes it is not the right step. The Labour council we took over from had outsourced housing, which we as a Conservative council brought back in house. We ended the arm’s length management organisation to bring it back within direct council control to deliver a better service for the tenants of those properties. So if it is not done properly in the first place, that model does not always work.

The measures in clause 25 are once more a sledgehammer to crack a nut. They do not recognise the practical realities of how competitive tendering has worked, excepting the flaws that I raised about how well contracts are specified and enforced against. If we want to ensure that we are delivering the best possible value for money for taxpayers—the people who pay for public services—at the same time as increasing the standard of services delivered, which I expect is a universal aim that all of us hold, there have to be flexibilities to ensure that efficiencies can be found, and that the fat is taken out of all systems, processes and ways of doing business. If we lock contractors into absolutely having to match every term and condition, with every pay scale being exactly the same, we are never going to deliver that.

[Sarah Gibson (Chippenham) (LD)]

It is a pleasure to serve under your chairmanship, Mr Mundell. I really welcome the clause. Despite the fact that their uniforms, pensions and contracts said “NHS”, staff at a community hospital in my constituency only realised that they had been effectively TUPE-ed over to a private business when they failed to receive the £1,000 bonus that all their colleagues in the main hospitals got. One may say, “How naive of them; they should have read their contracts better,” but most of them had been NHS workers for 25 years, so they were completely unaware that this had happened to them and that they were no longer entitled. I must thank the then contractor, a charity, for lobbying hard to make sure that eventually they got some kind of bonus, but to be suddenly without those conditions was quite frightening for them. So I welcome these measures.

I take some issue with what the hon. Member for Mid Buckinghamshire said. For many years, I served as part of Wiltshire council, which is a Conservative-led council. It was locked into a service contract for maintenance that was poor and used to lower wages, producing a system where we had very little maintenance. Our town councils are now having to pick up the bill for repairing grounds and play areas because the company, although it had the contract and was paid by the local authority, was not carrying out the works. Therefore, I welcome this measure and I am pleased to support it.

[Laurence Turner (Birmingham Northfield) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Mundell. Merry Christmas, everyone. In that spirit of glad tidings, I draw the Committee’s attention to my declarations in the Register of Members’ Financial Interests and my membership of the GMB and Unite trade unions.

Clause 25 enables the reinstatement of one of two bodies that are to be reinstated by the Bill—the other is the school support staff negotiating body, which I hope we will come to today. The clause stands in a long and proud tradition in this Parliament, and at its heart is a simple question: what duty does the state owe to people who perform services on its behalf? The phrase “two tier” has become highly charged in recent years, but I hope that we can channel some of that spirit of protest towards the iniquity of two-tier workforces.

The injustice is easy to describe—in fact, the shadow Minister, the hon. Member for Mid Buckinghamshire, described it. When a public service is outsourced, the original workers’ pay and terms and conditions are protected to a certain extent by TUPE, but those of the workers who are subsequently employed on that contract are not. Even when they carry out exactly the same duties, they will normally be paid inferior rates.

That is understandably a cause of tension and resentment at many sites where services continue to be performed on behalf of the public sector. The original workers who are TUPE-ed over can be singled out for victimisation and adverse treatment on the part of their new employer. We know from the labour force survey, in the days when that instrument was in better health, that many such workers continue to regard themselves as part of the public sector and are motivated by public service. The workers who tend to find themselves in this position are more likely to be women, on lower earnings and from non-white backgrounds.

The case for parity of treatment was made powerfully in the last Parliament by the Defence Committee, which at the time had a Conservative Chair. The Committee’s report on the treatment of contracted staff for ancillary services states:

“In general, the terms and conditions of outsourced employees are worse than those of their directly employed counterparts, with reduced wages and benefits…The Ministry of Defence should do more to ensure that contracted staff receive comparable employment contracts to staff directly employed by the MoD.”

That is precisely what the reinstated and strengthened two-tier code, enabled by this clause, will accomplish.

Two-tier workforces are not just unfair on workers; they represent a failure of public policy. When margins are tight, bidders can end up competing not on efficiency or innovation, but on a squeezing of wages. We need only look at Carillion for a prominent example of what can go wrong, and of the wider liability for taxpayers when a contractor loses sight of its wider operations. The direct cost to the public sector has been estimated at some £150 million, the wider debts to the private sector were in the region of £2 billion, and the National Audit Office has warned that we will not know the true cost for many years to come.

The shadow Minister referred to the sepia-tinted days—perhaps we should say the blue-rinse days— of 2006, but I was grateful for the contributions from the hon. Members for Chippenham and for Torbay, because there is a long-standing and cross-party record on this matter. We can go back to 1891, when the radical Liberal politician Sydney Buxton moved the fair wages resolution, a resolution of this House, which was carried unanimously—at that time, Parliament had a Conservative majority. He said:

“The Government is far the greatest letter-out of contracts in the country, and Government contracts are the most popular for three reasons. In the first place, the contractor makes no bad debts; secondly, he has quick returns; and, thirdly, a Government contract forms a good advertisement. The consequence is, that there is great competition, and tenders are cut down very much at the expense of the labour market. Such a state of things is unfair to the good employer…and injurious to the community. The fair employer is placed at a very great disadvantage as compared with the unfair.”—[Official Report, 13 February 1891; Vol. 350, c. 618.]

Those arguments hold true today. That fair wages resolution was adapted and improved down the years, and took its final form under the Attlee Government in 1946. It has subsequently been exported around the world, in the form of International Labour Organisation convention No. 94. Indeed, those great British protections, developed in this Parliament, apply now in Italy, Spain and such far-flung places as Brazil, but because of decisions taken in the 1980s, they do not apply to contracted-out workers in this country. I very much welcome the opportunity to put that right.

The two-tier code existed previously, between 2005 and 2006. It grew out of an earlier iteration in local government, and it has been in force subsequently in Wales, where the sky has not fallen in in terms of service provision. [Interruption.] If the shadow Minister wants to intervene, he is welcome to.

--- Later in debate ---

[Justin Madders]

I think that is the kindest thing that has been said about me this year, Mr Mundell. I thank my hon. Friend for his intervention; I think we can all see the difficulties. I know, from dealing with public bodies in my area, that sometimes when there is more than one person responsible for a service—the public body and then the contracting body—we find duplication, differing priorities and often a poorer service as a result, because there are competing ambitions in those bodies. That is one of the main reasons why we want to see a much more holistic approach to our public services. I commend clause 25 to the Committee.

Question put and agreed to.

Clause 25, as amended, accordingly ordered to stand part of the Bill.

Clause 26

Equality action plans

[Sarah Gibson]

I beg to move amendment 112, in clause 26, page 38, line 35, at end insert―

“(c) supporting employees with menstrual problems and menstrual disorders.”

This amendment would add menstrual problems and menstrual disorders to “matters related to gender equality”, in relation to any regulations made under the Bill to require employers to produce equality action plans.

I am very pleased to move this amendment. First, as the Bill stands, there are provisions for businesses to report on the impact of menopause on women in the workplace as part of the equalities impact assessments. I think the hon. Member for Sheffield Brightside and Hillsborough (Gill Furniss) is right to table this amendment and to remind us all that menstrual problems can hinder women at any point in their working life, not just as they enter menopause. She is the chair of the all-party parliamentary group on women’s health and an officer on the APPG on endometriosis; I feel confident that she has tabled this amendment with the best intentions. It seems an omission that this issue was not included in the original Bill.

Several constituents have contacted me about endometriosis, and specifically its impact on them at work. Endometriosis costs the UK economy £8 billion a year in treatment, loss of work and healthcare costs, and it takes an average of eight years to get a diagnosis. One in six workers with endometriosis leaves the workforce due to their condition—an issue that the Government and employers cannot afford to ignore. Those people could go back to work and stay in work if there was additional flexibility for them.

As one of my constituents told me—she does not wish to be named for these reasons—many employees with endometriosis find that their employers do not believe them about their symptoms, that their flexible working requests are refused and that they are subject to discriminatory automated absence procedures that penalise short but intermittent time off work. The amendment seeks to address that injustice. I want to be very clear that I support it, and I hope that the rest of the Committee will see its importance.

[Greg Smith]

I hear very clearly what the hon. Lady and the hon. Member for Sheffield Brightside and Hillsborough have said. I do not take issue with anything that has just been said. The endometriosis point is a clear one, and well made. Where I challenge the hon. Member for Chippenham, and indeed the Minister, is that that women’s health issue is not exclusive; there are many health concerns that only women face, and indeed some that only men face. Given that the clause explicitly refers to gender equality, would it not be better, from a pure legislative drafting perspective, to say that gender equality will be the catch-all that encompasses all that?

Is there not a danger that by listing one or two medical concerns, we will lock out other health problems faced exclusively by women, or exclusively by men? Naming one or two things in legislation often creates a problem in the interpretation of the rule. Courts may look back at this debate, or at any other debate on the Bill, and understand that this gender equality provision is intended to be a general catch-all for anything that any man or woman may face. If we name one or two things in legislation, however, it could become dangerous for when a man or a woman presents with something that is not named.

[Sarah Gibson]

I cannot help agreeing that naming a few conditions in the Bill might well be a concern, and when I first looked at the amendment on its own without looking at where it would fit into the Bill, it did seem slightly incongruous to suddenly mention one aspect. But if we look at where it would be inserted into the Bill, following a direct reference to menopause, it seems far more appropriate to make the point that menopause is not the only ongoing issue that women face. Many women are quite relieved to go into menopause, because it has been so onerous for them to have periods that keep them off work or in bed for several days a month. If we are going to mention menopause, mentioning menstruation makes perfect sense. The amendment makes sense only in the context of the Bill.

[Greg Smith]

I am grateful to the hon. Lady for that clarification. There is a danger that we will end up dancing on the head of a pin, but I am always concerned about naming individual things in a catch-all provision. If amendment 112 were to be accepted, it might create an interpretive problem for the courts at a later date. Indeed, it might create a problem for employers in navigating whether they have to abide by legislation that mentions one condition but not another.

I would be grateful if the Minister, in his response to the amendment, gave the Government’s interpretation—[Interruption.] With two Ministers on this Bill, it is confusing to work out which one will be responding. I would be grateful if, in her response, the Minister gave clarity on the Government’s interpretation and the legal advice that they have received.

--- Later in debate ---

[The Minister for Equalities (Dame Nia Griffith)]

Amendment 112 would add menstrual problems and menstrual disorders to matters related to gender equality in clause 26. Prioritising women’s health is a positive step that the Government are taking, and the hon. Member for Chippenham is absolutely right to highlight the terrible impact that many different conditions related to menstruation can have on whether a women can perform to the best of her ability. Physical symptoms can be further compounded by the taboo that often surrounds conversations about women’s reproductive health, and I thank her for bringing that to the Committee’s attention.

Clause 26 does not provide an exhaustive list of matters related to gender equality, as the hon. Member for Mid Buckinghamshire referenced. As the hon. Member for Torbay said, this is about culture change in a place of employment. In creating equality action plans, we are reflecting the fact that many actions will be beneficial for people in lots of different circumstances. For example, the improved provision of flexible working can be valuable for an employee balancing childcare, as well as someone managing a health condition.

In the same way, ensuring that employers support staff going through the menopause will necessitate them taking steps that are positive for supporting women’s health in the workplace more broadly. For example, menopause best practice includes greater discussion around women’s health and awareness of potential workplace adjustments—things that have a much wider potential benefit. I therefore ask the hon. Member for Chippenham to withdraw the amendment.

[Sarah Gibson]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Laurence Turner]

I will pick up the point just made about the changes made in 2017. Some of the opposition at that time came from the august institution of the Institute of Economic Affairs, which said that, if the regulations were introduced,

“they may encourage outsourcing of lower-paid jobs which happen to be taken by women (to avoid inclusion in a firm’s own return).”

That point has also been made by other organisations. King’s College London published a study on this matter three years ago, which said that

“focusing on the pay gap headline number can risk organisations seeking to window-dress their figures by outsourcing lower-paid jobs, which in turn worsens overall gender segregation within the labour market.”

Therefore, this extension of gender pay gap reporting to outsourced workers really does close that loophole and remove that perverse incentive—one example of many that we have heard about in this Committee.

We also heard from the Women’s Budget Group; Dr Mary-Ann Stephenson, giving evidence, said:

“We welcome the move to include outsourced workers in gender pay gap reporting…We are very conscious that you will quite often see that the lowest paid workers, particularly in the public sector, are now outsourced.”––[Official Report, Employment Rights Public Bill Committee, 28 November 2024; c. 163, Q176.]

The measures as proposed would effectively link the outsourced employer’s reporting to the reporting of the primary contracting authority. I hope that, when the regulations are drafted, they will shed some light on the extent of outsourcing across the economy; these workers are often invisible in official statistics, which is a wider problem for our understanding of the labour market. However, this move within the Bill is welcome.

I will just come back on one point; the shadow Minister referred to elected leaders of the Labour party. He is quite right to point out that the Labour party has not elected a woman leader—I very much hope that that will happen—but, for completeness, under the Labour party rulebook there is no role of “acting” or “interim” leader. It is therefore important to say, for the record, that in the eyes of the rulebook the noble Baronesses Beckett and Harman were as much leaders of the Labour party as any men who have fulfilled that role, and they served with distinction.

[Sarah Gibson]

I am not sure that highlighting quite how quickly the Conservatives go through leaders is helpful, but we do have to recognise that they have had the highest number of female leaders of any of our parties here, which is to be commended.

On a serious note, I welcome the intentions of clause 27. It is incredibly important that we start to shine a light on outsourcing, especially in the public sector, which I have seen myself, as I highlighted earlier, regarding the Chippenham hospital. To a certain extent, it seems to be a way of hiding some of the less clear and sensible ways we employ people, especially when it comes to low-paid, often female workers. I will therefore be supporting this clause and I am very pleased to do so.

[Dame Nia Griffith]

I think I had better start by putting on the record that I am not intending to stage some sort of leadership coup—[Hon. Members: “Shame!”]

--- Later in debate ---

[Laurence Turner]

In addition to the interest to which I drew attention earlier, my partner is a trustee of a multi-academy trust.

The reinstatement of the school support staff negotiating body is a hugely welcome measure and long overdue. It is a real shame to hear that there will be cross-party division on this question, because the consequences of the decision to abolish the SSSNB are negative, they are serious and they are now plain to see. We will come on to detailed discussion of the schedule and the amendments, but it is worth reflecting on the rationale that the then Government gave back in 2010 for abolishing the SSSNB. The Secretary of State at the time said—and he never went much beyond this—that the Government had

“concluded that the SSSNB does not fit well with the Government’s priorities for greater deregulation of the pay and conditions arrangement for the school workforce.”

What has been the consequence of that decision? We saw it last year, when the Low Pay Commission, for the first time, reclassified school support staff roles as low-paying occupations. That should be a mark of shame on the Governments that oversaw that unhappy outcome—which, as I said, was a consequence of the decision to abolish that body.

[Sarah Gibson]

I completely agree with the hon. Gentleman; I must make a declaration that my parents were a state headmaster and headmistress before their retirement. One issue that I strongly feel needs to be taken into consideration—though perhaps it is not relevant to this Committee—is that funding for education in general has driven down the pay of these roles. If there were good funding for the education sector in general, these roles would not need so much protection. While we are considering giving more bargaining power, we also need to ensure that there is enough funding for education so that those roles can be paid, otherwise there will merely be fewer of them. I think that is something we need to take into consideration, do you not?

[The Chair]

Mr Turner needs to take it into consideration, not me.

Royal Mail Takeover

Sarah Gibson Excerpts

Monday 16th December 2024 Commons Chamber

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Sarah Gibson (Chippenham) (LD)]

The Royal Mail has been plagued by issues for years, and my constituents do deserve better. A reliable postal service is essential for all of us, but particularly for rural businesses and those waiting for important NHS appointments.

Naturally, in communities like those I represent in Wiltshire, there are some serious concerns about what the statement might mean for the quality of rural services. Last Friday, I met with the brilliant posties in my constituency of Chippenham, some of whom have been in the job for nearly 50 years, who were rushed off their feet delivering Christmas cards. Spending time with them reminded me how important they are—they can often be the first people to notice that someone has not been to their door in days. They are the unseen champions of our community, particularly in rural communities where other people are not walking past. They reminded me that a reliable postal service is essential for our local communities. I therefore join hon. Members in thanking them for their dedication, specifically at this time of year.

Businesses depend on timely deliveries, and many older residents rely on our postal services for banking, utilities and keeping connected. Any weakening of the universal service obligation would disproportionately harm the rural areas of Wiltshire where alternatives are limited. Therefore, the Government and EP must give us a commitment that they will not water down the Royal Mail’s service at the public’s expense. With the Royal Mail’s universal service under review, it is particularly important for the Government to be clear about the future of these services with this new owner. I would be grateful if the Minister made it clear to my constituents at home that the number of delivery days will not be reduced as a result of this sale to EP Group and that any changes on the horizon will not be charged to the public purse.

My questions about the delivery standards are particularly important, given that we are in the middle of Christmas, and many millions of people rely on the Royal Mail, not least for that. One thing that is particularly concerning for us at the moment might well be —[Interruption.] I am sorry, I have one last thing. With it moving abroad—

[Madam Deputy Speaker]

Order. I am sorry, but the Liberal Democrats get two minutes for their response and we are quite a while after that.

Employment Rights Bill (Eleventh sitting)

Sarah Gibson Excerpts

Committee stage
Thursday 12th December 2024 Public Bill Committees

Amendment 5, the Liberal Democrat amendment, seems to add a little more confusion for businesses into the mix. It is a bit more specific than what the Government have managed, but I still do not think that it would give the clarity that business is looking for. I urge the Liberal Democrats to put a number on the period rather than just specifying a window.

[Sarah Gibson (Chippenham) (LD)]

It is a pleasure to serve under your chairmanship, Ms Vaz. I will speak principally to our amendment 5, but Opposition amendment 155 is also relevant.

We broadly welcome the Government’s intention to clarify some issues around probation. However, we feel that these measures will make it too difficult for small businesses, which we all know are the backbone of our economy, to take staff on. If we are not careful, the Bill, albeit not by design, could be catastrophic for some small businesses.

I would like the Minister to assure me that small and medium-sized enterprises can be confident that they will not be unduly penalised if they need to give notice during a probation period. Our amendment would put a number on the period, albeit that it allows a range. Both amendments aim to find out whether the Government have an idea of the timescale for the probation period.

When I speak to some of my small innovative businesses, especially those in renewable energy, one thing that concerns me is that they are taking staff on who do not have experience in the field. There simply are not enough people with experience, so businesses are taking people on speculatively who they hope to encourage, teach and train on the job. If they realise early on that that is not possible and that the employee is not suitable for the sector, they need to be able to start again and try again without feeling penalised. There is no way they can do this over a 10-minute coffee, as one Government Member suggests, because these people have no experience in the field. They are on a learning curve as much as the employer is. This probation period is vital for both sides to understand whether the sector, which is new to many people, is appropriate.

I am very concerned that the period, which is the only thing we know about, is not defined as a set amount of time to give small businesses confidence that they can continue to take on staff about whom they are concerned. If the timescale cannot be set out in the Bill, I would like some idea from the Minister of when we might hear it.

[Steve Darling (Torbay) (LD)]

It is a privilege to serve under your chairmanship, Ms Vaz. I want to unpick another issue on which I would welcome some reassurances from the Minister.

I have spoken to a gentleman from the Torbay Business Forum who supports a charity that works across Devon, particularly by supporting people with learning disabilities into employment. One often finds that it can take a bit longer for people with learning disabilities to find the right place and get a firm contract. What safeguards are there for charitable organisations and not-for-profit companies working in that sector to prevent them from ending up in the difficult position of having people on their books who, sadly, over an extended period of time, they realise are not fit for purpose because of challenges in their lives? There will no longer be the opportunity to offer extended flexibility.

Like my hon. Friend the Member for Chippenham, I broadly welcome the Bill’s direction of travel, but I would like to see some of the rough edges knocked into shape for Torbay residents.

--- Later in debate ---

[Justin Madders]

I thank the shadow Minister for his questions. Those are exactly the same arguments that we had about the minimum wage, and they did not bear examination in the end. Indeed, the Conservative party eventually decided to support the minimum wage too.

The shadow Minister quoted from the evidence of Jane Gratton of the British Chamber of Commerce. She has actually said that she would favour a nine-month probationary period being set out in regulations, which I think is reflective of comments that I have made. It seems a little odd for her evidence to be used in support of an amendment that seeks a six-month period.

We are committed to working with businesses and trade unions to finalise the period in regulations. Setting it out in the Bill would tie our hands somewhat. It would also go against the spirit of what we are trying to achieve, which is working in a tripartite manner. The shadow Minister has sometimes criticised me for rushing a little bit, so he will appreciate that we are taking our time with this measure because we want to get it right. I urge him and the Liberal Democrat spokesperson not to press their amendments.

[Sarah Gibson]

I am happy not to press amendment 5.

[Greg Smith]

As I hope I made clear in my opening remarks, amendment 155 is a probing amendment. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

--- Later in debate ---

[Greg Smith]

I have a straightforward question. We are back once more with our old friend of not having full clarity and having consultation after legislation. The Minister gave a figure, but it is not clear exactly what the Secretary of State might consider specifying as the maximum compensation that can be awarded under this measure.

I acknowledge that there is a consultation to come, but the reason that we need greater clarity relates to the point about business confidence in making new hires, putting new job adverts out, seeing who applies and trying to recruit. If there is a risk that the figure will be disproportionately high, it will make businesses more risk-averse about growing their businesses and thereby growing the economy and creating more jobs in our country. My only substantive question is “Where is the ceiling going to be?”

[Sarah Gibson]

I share some of the shadow Minister’s concerns. Consultation to find out what most concerns businesses is obviously commendable, but if a large amount of the Bill is left to secondary legislation, a lot of it will not come back before the whole House for scrutiny. Can we be assured that decisions that are not taken before the Bill is passed can at least be considered by a Committee when they are finally made?

[Justin Madders]

I take on board the comments that the Opposition spokespersons have made, but if we put something in the Bill now, we would be pre-empting the consultation. It is very important to get this right, acknowledging the balance that needs to be struck and the points that have been made. It is worth bearing in mind that this measure will not be implemented until autumn 2026 at the earliest, which is still a considerable time off. The reason we want to take the time between now and then to engage and consult with businesses is to ensure that we get that figure to a spot that gives justice to individuals and certainty to businesses about the potential liability they may face.

--- Later in debate ---

[Michael Wheeler]

It will come as no surprise to my hon. Friend that I agree with him. It is important that we keep our focus on the reality of work and the need to provide workers with protections and good-quality employment. The Bill has been brought forward in the context of “Make Work Pay” and the “Next Steps” document, and I look forward to what I am sure will be illuminating comments from the Minister.

[Sarah Gibson]

I thank the hon. Member for Dundee Central for tabling the amendment, which has drawn out a potential loophole that I hope the Government will look at carefully. We so often see legislation introduced with good intentions, and then 90% of businesses—especially smaller businesses—comply with it to the letter, because they think that is the right thing to do, but the larger corporations find a way around it.

[Justin Madders]

I am grateful for the contributions in this debate, which deals with one of the central issues we have been grappling with. On this side of the Committee we certainly want to see fire and rehire consigned to the history books. Equally, we do not, as my hon. Friend the Member for Worsley and Eccles said, want to see businesses feel they have no option but to make people redundant because they do not feel they can take any other course of action. It is about trying to ensure that that is still available without opening a loophole, as it has been described, for abusive fire and rehire tactics to continue. There is an awful lot in the Bill as it stands that will make it a very high threshold indeed for any employer to want to take that step. There will, of course, be further guidance in regulations, where we will home in on the kinds of concerns that have been raised.

Oral Answers to Questions

Sarah Gibson Excerpts

Thursday 12th December 2024 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Sarah Gibson (Chippenham) (LD)]

Small businesses are at the heart of our local communities. Firms such as Carbon ThreeSixty in my constituency are cutting-edge manufacturers of carbon fibre products. However, its growth as a small business is seriously affected by its ability to attract and retain quality staff, predominantly because of the poor public transport and completely non-existent cycle routes. These issues cut right across Departments. I would therefore be grateful if the Secretary of State could confirm what discussions he has had with ministerial colleagues in other Departments about how rural transport infrastructure would greatly support small and medium-sized businesses.

[Jonathan Reynolds]

I welcome the hon. Member’s question. She is right that some of the issues that most affect businesses in our constituencies often sit in other Departments. The role of my Department is to focus on and champion those issues across all of Government, whether they sit neatly in the Department or not. She correctly highlights the incredible and important role that rural businesses play, and their social as well as economic benefits. Her points about transport were well made. One of the big changes in the Budget was the ability to focus on long-term investments, which was recognised by the Office for Budget Responsibility in its assessment that the productive potential of the UK will grow significantly over the next decade because of that increased focus—investment, investment, investment. Transport is a great element of that, whether in my constituency or in hers. I assure her that the needs that she articulates are considered at the highest levels of Government.

--- Later in debate ---

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Sarah Gibson (Chippenham) (LD)]

Tomorrow—on Friday the 13th—the EU’s general product safety regulation comes into effect. Businesses are telling me that the additional costs will mean that they can no longer sell to the EU and to Northern Ireland. What steps is the Department taking to ensure that small businesses are supported as the regulation comes into effect?

[Justin Madders]

As the hon. Lady rightly pointed out, the regulation comes into force tomorrow. Actually, it covers things that most businesses are doing already, but we have provided guidance for businesses, including online marketplaces, on how the regulation will apply in Northern Ireland. We will continue to engage with businesses and online marketplaces to ensure that we are supporting them in dealing with this new regulation.