Tracy Brabin
Main Page: Tracy Brabin (Labour (Co-op) - Batley and Spen)
Mr Speaker
I think I will take the points of order now, because there is a slew of them, but the two hon. Gentlemen can wait. Point of order, Tracy Brabin.
Tracy Brabin
On a point of order, Mr Speaker. During the most recent session of questions to the Secretary of State for Business, Energy and Industrial Strategy, I raised the case of local employers misleading workers about their right to holiday pay. The Under-Secretary of State for Business, Energy and Industrial Strategy, the hon. Member for Stourbridge (Margot James), assured me that the Government
“have increased the powers open to Her Majesty’s Revenue and Customs to enforce those rights.”—[Official Report, 27 June 2017; Vol. 626, c. 458.]
However, I subsequently received a written answer from the same Minister stating:
“HM Revenue and Customs has no powers to sanction companies for withholding holiday pay.”
The Minister has given me two answers stating the complete opposite of each other, in the space of a few days. Clearly, one or other of those answers must be wrong, and, although I am relatively new to this place, I was given to understand that Ministers were under a particular obligation not to mislead the House, even if inadvertently. More important, this leaves us unable to say for certain what the Government are actually going to do about the problem that I raised. Can you advise me, Mr Speaker, on whether there is any way of bringing the Minister back to the House to tell us which of her answers is final?
Mr Speaker
I am very grateful to the hon. Lady, both for her point of order and for her characteristic courtesy in giving me advance notice of it. It was also exceptionally helpful of her to attach to her proposed point of order the text of those two answers. I must say to the hon. Lady and to the House that textual exegesis is of the essence in these matters.
I have pored over the two answers, and have sought to reflect on whether they might in some way be not incompatible with each other, but such a conclusion is beyond my limited intellectual capacities. It certainly appears that the two answers are irreconcilable: one must be correct, and therefore, by definition, the other must not be. Apart from anything else, it is quite difficult to see how one can increase powers open to Her Majesty’s Revenue and Customs if in fact they have no such powers at all. So the matter does, I think, require some clarification.
The hon. Lady has certainly made her concern clear. The content of answers is not a matter for the Chair, but her concern has been conveyed to the Minister, in the sense that representatives of the Treasury Bench will have heard it, and her point will be recorded in the Official Report. If the Minister considers that she has unintentionally misled the House, I am sure that she will take steps to put the record straight. I advise the hon. Lady to watch this space, and see whether such an attempt at corrective action is made. If it is, she will be happy. If it is not, my advice to her would be to return to the matter through further questioning, or possibly, if necessary, in extremis, by recourse to the Chair.