Draft Post Office Network Subsidy Scheme (Amendment) Order 2024
Debate between Shailesh Vara and Kevin Hollinrake(8 months ago)
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The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I beg to move,
That the Committee has considered the draft Post Office Network Subsidy Scheme (Amendment) Order 2024.
It is a pleasure to speak with you in the Chair, Ms Vaz. The draft order was laid before this House on 11 December. Under section 103 of the Postal Services Act 2000 the Secretary of State for Business and Trade has the power make payments to support the provision of the post office network. The power is subject to conditions, one of which includes the cap on the total amount of funding that can be given to the Post Office in any given financial year. The current cap, set in 2011, is £500 million and we propose to increase that to £750 million. Raising the cap on funding that can be provided to the Post Office does not reflect a funding commitment. It is simply an enabling power to allow the Government to provide appropriate funding to the Post Office when needed.
The rationale for the increased cap is simple: we must avoid a situation where the Government cannot legally provide the funding that the Post Office needs for its essential activities. As all Members will be aware, there are important areas where the Government currently provide funding to the Post Office to enable it to maintain its delivery of key services across the UK.
First, there is funding for providing redress for the victims of the Horizon scandal, one of the biggest miscarriages of justice in living history. The victims must get the justice and redress they deserve. There are a number of redress schemes to which the Government are contributing funding, as well as funding associated with delivering redress schemes. It is essential that the process is not held up at any stage.
Secondly, the Government provide significant and vital funding to support the post office network. Post offices are, of course, the beating heart of our communities. Through the network of over 11,500 branches, post offices deliver essential services across the United Kingdom. There are currently over 6,000 rural branches—54% of the total network. Over 3,000 of those are described as the last shop in the village, providing vital retail, mail, parcel and banking services in one place, helping to sustain thousands of rural communities.
Such services are hugely valuable to individuals and small and medium-sized businesses in urban and rural areas across the United Kingdom. It came as no surprise to see that in the most recent Local Shop Report from the Association of Convenience Stores, post offices are identified as a type of service considered by the public to have the “most positive impact” on a local area. The Government have provided significant financial support to sustain a nationwide network—more than £2.5 billion in funding to support the network in the past decade alone. The Government remain steadfast in their support of the network and have committed to maintain the annual £50 million subsidy to safeguard services in the uncommercial parts of the network until 2025. Without that funding, many post office branches would be unsustainable.
Shailesh Vara (North West Cambridgeshire) (Con)
The Minister is making a powerful case for increasing the cap to make sure that Post Office Ltd continues with the very valuable service it provides for the community. He mentioned the Horizon scandal at the start of his speech. Is it the case that the cap we are debating today is for additional services for the Post Office to maintain the standards it has at the moment, or will some of that money go to victims caught up in the Horizon scandal? Is it a bit of both or will there be separate funding exclusively for the Horizon scandal? If all the money in compensation were taken up by the increased cap amount, there will not be enough money left over to maintain the standards of Post Office Ltd.
Kevin Hollinrake
It is, in my right hon. Friend’s words, a bit of both. It is about maintaining services, including rural services. On improving the technology, of course we need to replace the current system. It is also about compensation, and the means of delivery—the administration—of the compensation. It is important to note that not all the compensation provided—we have set a maximum budget of £1 billion for compensation—is provided through these means. There are separate means, through the group litigation order process and the new compensation process for the newly overturned convictions, which we anticipate overturning by July. They can be funded through separate means, so it is not all through this particular process, but some of it certainly is.
The Government will provide targeted investment funding to the Post Office, as the retail sector faces challenging conditions. It is still feeling the effects of changing consumer behaviour arising from covid-19, and the impact of cost of living pressures on consumer confidence arising from a range of factors, including inflation and high energy and supply chain costs, in a fiercely competitive market. As such, the Post Office is experiencing pressures as the business attempts to operate in this challenging commercial environment while meeting the cost to right the wrongs of the past.
Further pressures have also arisen through work to replace the outdated Horizon IT system. While this is a Post Office-led programme, it is essential for the future of the company and the network, and the Government have already committed to providing £103 million to support the development of the replacement system and to ensure the Horizon system is maintained before the replacement is rolled out. We provided funding to meet the company’s immediate needs for the programme and we are working closely with the Post Office to understand what funding may be required beyond this. These three areas are critical to the Post Office’s future and the current cap risks Government not being able to provide the Post Office with the funding it needs for essential activities. Having taken into account the Post Office’s current forecasts and the inflationary context since the previous cap was set in 2011, the Government considers a new cap of £750 million to be reasonable, sensible and proportionate.
Post Office Legislation
Debate between Shailesh Vara and Kevin Hollinrake(9 months, 1 week ago)
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Kevin Hollinrake
The figure the right hon. Gentleman uses and the document he references, which I was unaware he had, are interesting. Me being me, I had not read that line, although my previous comments might indicate that I had because I mentioned that exact figure. I am not afraid to be transparent or accountable for any of the delivery of these compensation schemes.
Shailesh Vara (North West Cambridgeshire) (Con)
I congratulate my hon. Friend on all that he is doing, working night and day to bring this painful issue to a conclusion for the many postmasters and their families who have suffered so much over so many years. Where people do not accept the fixed offer but wish to pursue an individual claim, may I seek his assurance that such claims will be treated expeditiously, and that resources will be made available to deal with those claims quickly and efficiently? Will he also give an assurance that claimants will have a named individual responsible for their file, rather than whoever happens to pick up the file on a specific day?
Kevin Hollinrake
I thank my right hon. Friend for his question and can absolutely give him the assurance he seeks. A fixed-sum award is only one route; it is not right for everybody. Some people have higher levels of claims, and we will support them where we can. In my remarks, I announced new measures we are using to do that, including a pilot scheme where expert reports are not required. That should significantly abbreviate the timescale between being able to submit a claim and getting a response. As for expediting in this area, in the GLO scheme we set a target that in 90% of cases we would respond to a final claim within 40 days. Currently, we are on 87% against that measure, so we are delivering this more quickly. He makes an interesting point about a named claim manager or something along those lines, and, if I may, I will take that away with me.
Draft National Minimum Wage (Amendment) (No. 2) Regulations 2023
Debate between Shailesh Vara and Kevin Hollinrake(11 months, 2 weeks ago)
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The Parliamentary Under-Secretary of State for Business and Trade (Kevin Hollinrake)
I beg to move,
That the Committee has considered the draft National Minimum Wage (Amendment) (No. 2) Regulations 2023.
It is a pleasure to serve with you in the Chair, Ms Harris. This statutory instrument will help to ensure that so-called live-in domestic workers will be paid at least the national minimum wage for the time that they are working.
The live-in domestic worker exemption was created as part of the National Minimum Wage Regulations 2015 and provides that work done by a worker residing in the employer’s family home and treated as a member of the family is not “work” for the purposes of the national minimum wage, and therefore the individual does not have to be paid the national minimum wage. The exemption was originally created mainly for au pairs so that they could gain experience of cultural exchange through living—and being part of a family—in the UK, although the legislation covers other types of domestic workers as well.
Currently, the National Minimum Wage Regulations state that workers do not need to be paid the minimum wage if they live with their employer and are genuinely treated as part of the family. Such treatment is particularly expressed in the provision of living accommodation and meals, and the sharing of tasks and leisure activities. The exemption is not compatible with most jobs, and it is hard to prove whether someone is or is not being treated as a family member.
The removal of the exemption will remove the inequality facing these workers, who are more likely to be migrant workers and women. In 2016, an employment tribunal judgment considered whether the exemption indirectly discriminated against women. The tribunal found that the exemption had given rise to unjustified indirect discrimination, and thus the exemption was disapplied in this case.
After the employment tribunal judgment on live-in domestic workers was published, the Government asked the Low Pay Commission to conduct research on low-paid live-in domestic workers. In 2021, the commission published its report into the live-in domestic worker exemption and, during the gathering of that research, it concluded that the exemption should be removed.
The Low Pay Commission heard evidence of employers using the exemption to exploit domestic workers, often non-British nationals, who were required to work long hours and not being truly treated as members of the family. The commission found that the exemption has rarely been used for its intended main purpose, as, in practice, there are now few au pairs in the UK, and it provided a clear recommendation to Government that the exemption should be removed.
The Government accepted the recommendations and announced in March 2022 that the live-in worker domestic exemption would be removed. During that period, the employment tribunal decision was appealed, and the Employment Appeal Tribunal agreed in 2023 that the exemption should be disapplied. Those decisions established the removal of the exemption as a matter of case law.
Taking into account the existing case law, and under the more general legislation, live-in domestic workers have reasonable arguments that they are entitled to be paid the national minimum wage. However, that is not a matter of certainty. Therefore, with our National Minimum Wage (Amendment) Regulations, we are putting the matter beyond doubt by amending the regulations to remove the exemption, from the date that this measure comes into force.
Shailesh Vara (North West Cambridgeshire) (Con)
I am grateful to my hon. Friend for giving way, and I welcome the measure that he is putting forward. He will appreciate that many of these people are in a vulnerable position, with a powerful employer living on the premises. Notwithstanding this legislation going through, is the Department proposing to keep a watchful eye to ensure that employers are doing what they are supposed to do and abiding by these rules, so that it is not simply a question of “business as usual”?
Kevin Hollinrake
My right hon. Friend makes a strong point on enforcement. Legislation without implementation is pretty much a waste of time, so he is absolutely right to identify that. I will come on in a moment to talk about what His Majesty’s Revenue and Customs does to act on complaints—even anonymous complaints. It can investigate those kinds of complaints to ensure that people are following the rules.
These amendment regulations remove uncertainty and the risk of accidental national minimum wage non-compliance within this workforce. The regulations need to be put forward to ensure that the workers and families who hire these workers are able to clearly understand the national minimum wage laws for live-in domestic workers. As the workers will be entitled to the national living wage and minimum wage, I would like to remind the Committee of the achievements of the national living and minimum wage and the new 2024 rates. On 1 April 2024, the Government will increase the national living wage for workers aged 21 and over by 9.8% to £11.44 an hour. We are pleased to confirm that that record cash increase of £1.02 per hour means that in 2024 we will hit the target for the national living wage to equal two thirds of median earnings for those aged 21 and over. That will end low hourly pay for this group.
My right hon. Friend the Member for North West Cambridgeshire referred to enforcement. HMRC enforces the national minimum wage in line with the law and policy set by the Department for Business and Trade. HMRC follows up on every worker complaint it receives, even those that are anonymous. That includes complaints made to the ACAS helpline via its online complaint form and those received from other sources. The policy will ensure that all work is treated fairly, and will end the misuse of the exemption to exploit workers, particularly migrant women. The overwhelming majority of workers covered by the exemption are employed by families, not by businesses. The impact on business will therefore be negligible.
Through the national minimum wage and national living wage, the Government protect the lowest paid in our society. Protecting workers’ rights, especially those of vulnerable workers, is a priority of this Government, and we have taken action to remove this exemption. That does not remove the right to have a live-in domestic worker such as an au pair, or other domestic staff; it just means that they will have to be paid at least the national minimum wage. This is the right thing to do to help protect these vulnerable workers and make it clear that our legislation affects the case law on this issue.