Leaving the EU: Protection for Workers

I would like to make a statement about workers’ rights when we leave the European Union. Before I do, as this is my first time at the Dispatch Box since his death on Friday, I put on record my deep appreciation for the life and work of Lord Bhattacharyya, a heroic figure in British manufacturing. His work attracted investment to which hundreds of thousands of working men and women owe their livelihoods. A Labour Member of the House of Lords, Kumar worked easily with Ministers and, indeed, Prime Ministers from all parties for the benefit of the people of the west midlands and the whole nation.

The United Kingdom and this Parliament have a proud record of improving the rights of working men and women: from Shaftesbury’s Factories Acts to William Hague’s Disability Discrimination Act 1995; and from the minimum wage, introduced by a Labour Government, to the national living wage brought in by a Conservative Government. Although the EU sets minimum requirements in many areas of workers’ rights and health and safety, Britain has time and again been in advance of those requirements and has chosen to exceed them.

The EU agency for the improvement of working conditions ranks the UK as the second strongest of all 28 member states, behind only Sweden, for wellbeing in the workplace. The UK offers 39 weeks of statutory maternity pay, compared with the 14 weeks required by the EU. We have given fathers and partners a statutory right to paternity leave, which the EU is only just beginning to consider.

Our national living wage is one of the highest in the EU, and the Low Pay Commission that advises on it is widely respected. Because we have not, in practice, been limited to EU standards, there is no reason why we should not maintain this record of leadership outside the EU. The Prime Minister has given a commitment that Brexit will not be allowed to erode workers’ rights.

Nevertheless, some hon. Members have advanced the view in previous debates that a parliamentary mechanism should be established to monitor and implement that commitment. The hon. Member for Great Grimsby (Melanie Onn) introduced a private Member’s Bill to that effect, and the right hon. Member for Don Valley (Caroline Flint) and the hon. Members for Bassetlaw (John Mann) and for Stoke-on-Trent Central (Gareth Snell), among others, proposed an amendment to a previous motion in a similar vein.

We have been discussing closely with Members on both sides of the House, trade unions and businesses how we can turn this intention into law. The Government are today publishing draft clauses for inclusion in the withdrawal agreement and implementation Bill to put these commitments into law. The clauses have two main features. First, a new statutory duty will be placed on Ministers introducing a Bill that affects employment or workplace health and safety that they should certify, before Second Reading of any such Bill, that it is compatible with the Prime Minister’s principle of non-regression. They will be required to provide explanatory information to Parliament in support of that statement, which will be drawn up following consultation with businesses and trade unions. That will ensure that, while respecting and upholding the sovereignty of this Parliament, Members of this House in future will be able clearly to consider the compatibility of every proposed measure with the non-regression principle, to which the Prime Minister has made a commitment.

The second aspect of the draft clauses concerns future EU legislation. Parliament will be given the opportunity, at least every six months, to consider any changes to EU workers’ rights, and health and safety standards in the workplace. This will be reported to Parliament through a document that has, again, been subject to consultation with employers and trade unions, and which will be scrutinised by the relevant Select Committees of this House, subject to their agreement. The Government will be required to table an amendable motion on their intended course of action on those new EU rules. For example, the Government may set out that they intend to legislate to give effect to those commitments or that they intend to give effect to them in a different way, or that they do not intend to give effect to them, setting out their rationale. There are a number of legislative proposals currently under consideration in the EU that have a deadline for transposition into national law which will be after the implementation period. We would expect them to be put forward for Parliament’s consideration under this new process. These draft clauses, published in a Command Paper today, combine well our determination to honour the commitment the Prime Minister has made not to see workers’ rights weakened and respecting the sovereignty of this Parliament.

A similar framework will apply to environmental protections as the UK leaves the EU, implemented through the environment Bill. On 19 December, we published the draft Environment (Principles and Governance) Bill, the first part of a much larger environment Bill to follow in the next Session. The draft Bill outlines our proposals to establish a world-leading body to hold the Government to account for environmental outcomes after the UK leaves the EU. The draft Bill also requires the Government to publish a statutory policy statement on the interpretation and application of nine environmental principles, including the four contained in EU treaties. The Government will also legislate to ensure that where future Bills could affect environmental protections, a Minister of the Crown will make a statement of compatibility to Parliament and provide explanatory information. We will also create a new statutory duty on the Government to monitor any strengthening of environmental protections and regulations by the EU, and to report regularly to Parliament about the Government’s intended course of action in those areas. That will give Parliament the information it needs to consider whether or not domestic protections need to be strengthened accordingly. Through these commitments, the Government will provide a robust framework for maintaining and strengthening environmental standards as the UK leaves the EU.

In addition to the measures I have described, I am announcing today steps that will strengthen the enforcement of employment rights. The vast majority of businesses operate fairly and treat their employees well, but I have been concerned, as I know many Members have been, about the practices in a small number of firms, in a small number of industries, where abuses of the conditions at work are used to the detriment not just of workers, but of reputable competitors, who suffer a disadvantage by comparison in those industries. I therefore intend to consult broadly on establishing a new body to bring together the relevant enforcement functions of the Gangmasters and Labour Abuse Authority, Her Majesty’s Revenue and Customs, and the Employment Agency Standards Inspectorate. As part of the forthcoming spending review, we will consider what level of funding is appropriate to ensure that it is adequately resourced to deliver a strengthened remit.

The measures that I have announced today reflect a process of engagement across this House, and with employers and trade unions. Not everyone will agree with every proposal, but if, as I hope, an agreement can be reached on the withdrawal process during the days ahead, it serves as a helpful guide as to how we might find and act on common ground across the House in the next phase of negotiations. I commend this statement to the House.

Let me, too, put on record my sadness at the death of Lord Bhattacharyya and my deep appreciation for his devotion to British industry and politics.

I must start by thanking the Secretary of State for his engagement with me over recent weeks, and indeed with trade unions and my parliamentary colleagues whom he mentioned: my hon. Friend the Member for Great Grimsby (Melanie Onn), my right hon. Friend the Member for Don Valley (Caroline Flint); and my hon. Friends the Members for Bassetlaw (John Mann) and for Stoke-on-Trent Central (Gareth Snell). They have championed unrelentingly the protection of British workers as we leave the EU and continue to help us move the position across the House to one that we are all content with.

However, as the Secretary of State knows from our discussions in recent days, sadly the proposals, as drafted, do not yet provide a full guarantee or assurance for UK workers. I hope that this spirit of collegiality will continue and that we will work together quickly to address my concerns and provide the changes and assurances that I seek. As he knows, the TUC has stated today:

“In the face of a government determined to reduce rights, these measures would in no meaningful way compensate for the loss of the protections that currently exist”.

The assessment of less favourability will be decided by parliamentary majority and not by the objective standards of the UK courts. The provisions can easily be revoked by a hostile Government, and even without being revoked, they can be rendered fairly meaningless in practice. Indeed, as drafted, the content of the proposed statement of compatibility and irregular parliamentary assessment of less favourability are not capable of legal challenge by any UK worker. Of course, the process outlined in the draft clauses could be subject to a judicial review, but simply issuing a statement and laying a motion are hardly rocket science. What will not be possible, however, is a challenge to the contents of a statement of compatibility or an approved parliamentary motion to accept a Government assessment.

I warmly welcome the tone in which the hon. Lady has approached this issue. We have different preferences on what would be ideal, and I know that both the TUC and her own Front-Bench colleagues would prefer EU directives automatically to take their place in UK law and to be enforced through the European Court of Justice, as they are now. She knows that we disagree with her on that—in our view, it would not be consistent with leaving the European Union or with the sovereignty of this Parliament—but I accept that that is her position and that she has said that, notwithstanding that, we should explore whether we can meet her perfectly reasonable observations. I am grateful for that.

What we are publishing this afternoon are draft clauses that have not yet gone into the Bill. I am open to working with all Members of the House—of course, continuing to include the hon. Lady—to see which of the observations can be accommodated, subject to the general approach we wish to take. I think that she recognises, and I hope other Members will recognise, that this is an important opportunity. If we are to pass a withdrawal agreement and implementation Bill, the chance to have on the statute book from the outset—literally within the next few weeks, I hope—some important protections for workers is one that I think we should all take.

The hon. Lady asked some specific questions, of which I shall attempt to answer as many as I can. She observed, in effect, that future Governments and Parliaments may take a different view from that which we intend. As we know, it is a fact that no Parliament can bind its successor, but it can express a clear intention, set up a test and provide mechanisms against which proper scrutiny of any proposal can be mounted, and that is what we are doing. I acknowledge her right hon. and hon. Friends’ contribution to and, in fact, origination of this idea.

The hon. Lady is concerned that the statements that are provided for could be ignored and may not be as effective as she intends. The case law clearly establishes that if a statutory consultation is provided for, it cannot be lightly swept aside. There is a requirement properly to engage with the recommendations that come from such a consultation, but I hear what she said about that process being open to workers as well as to people who might represent them. We can talk more about that.

I am assured that the Government and this Secretary of State want high standards of employment rules in this country, and I look forward to our having independence so that we can have our own domestically crafted high standards, which will be above the minimum EU standards, but will the Secretary of State please explain why he has proceeded with this statement? I thought its sole aim was to win over the Labour party, but it seems Labour is in complete disagreement with it.

I was very much influenced by the exchange between my right hon. Friend and the hon. Member for Bassetlaw (John Mann) when the latter spoke to his amendment in January. As I recall, my right hon. Friend correctly intervened on the hon. Gentleman to reinforce his personal commitment to establishing and maintaining Britain as a place of voluntarily high standards. Because that represents a point of agreement in the House and is a reflection of our traditions—our reputation is as place of high standards, thanks to the accretion of steps taken by Governments of both parties—I think this is an opportunity to work together to see whether we can establish something that is rooted in the sovereignty of this House, which my right hon. Friend quite rightly insists on, but also provides assurance to those who want to see measures as well as words.

The Secretary of State started by talking about his party’s record on workers’ rights. He will forgive me for questioning whether the political party that put into legislation the Masters and Servants Act 1823, which codified corporal punishment for workers, has a good record on workers’ rights. Indeed, to bring us up to date, his party also introduced the anti-trade union Act.

Rather than guaranteeing or protecting workers’ rights, the statement does no such thing; in fact, it would be a misrepresentation to suggest otherwise. The Secretary of State will be aware that the EU is currently discussing regulations on the gig economy and rights for working parents that are far better than what can be found in the Government’s good work plan. If those EU regulations come to pass, how will the Government deal with them in this Chamber? Given that we keep being told that the next election is in 2022, is the Secretary of State committing the Government to at least matching EU regulations until then?

Given that the statutory instrument process is being used to weaken workers’ rights, as we saw recently with the denial of access to European works councils, what makes the Secretary of State believe that we should trust the Government on this? Will he, as a gesture of good will, table an amendable motion on the Government’s good work plan that will allow Members to strengthen regulations, particularly around zero-hours contracts and their elimination and sorting out workers’ status?

On the good work plan, we will be introducing an employment Bill and it will of course be amendable, in the manner of legislation. We are provided, though, with a more immediate opportunity: that Bill is for the next Session, whereas I very much hope that the withdrawal Bill will be available during the weeks ahead and provide that immediate opportunity to express our determination to apply the commitment that the Prime Minister made on this issue.

The hon. Gentleman mentions the measures on the gig economy that are being contemplated by the European Union. Actually, that is a fine example of what I said earlier: those measures follow the commitments that we have made in the good work plan, and they are now making their way through Brussels. We were in advance of that. As I made clear in my statement, both those EU directives would go through the procedure that I described and would be available to the House, if Members thought there was anything extra in them. Actually, though, we think the directives are in many respects modelled on our own proposals.

On the ability of this House to enforce high standards, I say that that been the tradition. My experience as a Minister at European Councils over recent years is that our record of high standards when it comes to workers’ rights, employment protection and health and safety is looked at with admiration by many of our counterparts across the European Union. This allows us to continue that leadership.

I welcome this statement and the proposed clauses therein. As my right hon. Friend has been touching on this matter, does he agree that it is often the UK rather than the EU that has led the way not just on workers’ rights, but on environmental standards, and that we should be proud of that? Will he confirm that today’s announcements will ensure that we continue with these high standards in both areas and that we give due regard to any strengthening of environmental protections and regulations by the EU once we leave?

My hon. Friend is quite right. Again, the provisions adopted by the Climate Change Act 2008 were not required by the European Union. They were a set of decisions that were taken by this House, and that has been our record. The proposals that I have set out allow us to continue to do that, while making sure that the House is not only properly informed but required to make an explicit determination that, if there are new policies that are adopted and directives that are proposed, they are debated and considered in this House. That seems to me to be a good mechanism to ensure that we are always aware of what is being done in the European Union after we have left it.

Madam Deputy Speaker, you and I remember doing an all-nighter in this House when the Labour Government took through the national minimum wage. In fact, we were here all night long, until 9 o’clock in the morning, because both Conservatives and Liberal Democrats filibustered and voted against the national minimum wage. I am glad those days are behind us—at least the all-nighters. I do not need lectures from anyone about being wary of the Conservatives, but may I welcome the statement today by the Secretary of State and the response by the shadow Secretary of State, my hon. Friend the Member for Salford and Eccles (Rebecca Long Bailey), as we try to forge assurances enshrined in law to protect workers’ rights as we leave the EU? May I press the Secretary of State to say something more about how we will ensure that any changes on workers’ rights and health and safety are consulted on and that they are not cherry-picked by a future Government? May I also support the concerns of my hon. Friend about the right to judicial involvement for workers who want to make sure that those rights are upheld?

I am grateful to the right hon. Lady for having initiated this conversation through her amendment to the previous motion, and I think a fruitful discussion has come from that. On the ability to cherry-pick those measures that are adopted by the European Union that might find favour with the Government but not those that do not, the requirement would be to report everything that the European Union has adopted during a six-month period and for the Government to have to make a statement in respect to all of those measures. The motion that would then be required to be put before the House would be amendable. The Government might say that they intended to implement one measure, to apply in a different way another, but to reject a third. That motion would be amendable, so the House could alter the Government’s intention and express its view directly. As for the direct access for workers to these procedures, I made a commitment to the hon. Member for Salford and Eccles (Rebecca Long Bailey) that we would work together to see what can be done on that, and I am sure that the right hon. Lady will want to be part of those conversations.

I actually whipped the minimum wage Bill through Committee on that occasion, so I well remember Conservative hostility to it.

What the Secretary of State is really promising today is future consultation and future opportunities for votes. Looking behind him, I do not see a great deal of commitment from those Benches to such measures. Why can he not go further? Why can he not agree to put a commitment into the withdrawal agreement and the treaty that the UK will never fall behind EU minimum standards on workers’ rights either now or in future? I know that he has mentioned parliamentary sovereignty and not binding future Parliaments but, historically, Governments have negotiated treaties and Parliaments have approved them and those treaties are binding on future Parliaments until they choose to withdraw from them. Why can we not have that sort of arrangement?

We are talking about legislation here, not the treaty, and the withdrawal agreement has already been established. In the future economic partnership, there is a negotiation to be conducted—it is specified there—on our level of alignment when it comes to workers’ rights, but this is in advance of that. This provides an opportunity at the point of withdrawal to give Parliament the ability to make sure that it takes an informed view of whether it wants to continue to be aligned. That is a valuable opportunity. The hon. Gentleman says that we should do it now with the treaty. That is part of the next phase of the negotiations. It is taking all the Government’s efforts to conclude the withdrawal agreement, without being able to conclude the future partnership in the next few weeks. But this is an important opportunity to establish, in primary legislation, a requirement properly to consider all new regulations that would come from the European Union and to assess the compatibility of legislation that we make in this House with that of the rest of the European Union. That, it seems to me, is a valuable opportunity.

Let me start by echoing the warm words of the Secretary of State about Kumar Bhattacharyya. The Jaguar plant in my constituency is open, employing more than 2,000 workers, in no small way due to his herculean efforts over many years to turn around Jaguar Land Rover.

In my previous being, on behalf of the Transport and General Workers’ Union, I took the case of the Eastbourne dustmen all the way to the European Court of Justice because a Conservative Government refused to apply the acquired rights directive to 6 million public servants. We won and TUPE was extended to those 6 million public servants. In future, however, there will not be the same enforcement mechanism. The trade union movement has spoken with one voice today. Frances O’Grady said that this will not protect rights and that there is nothing to stop future Governments from tearing up the legislation. She added that no one should be “taken in” and that our rights are “still under threat.” Does the Secretary of State understand that residual concern and that, crucially, unless the Government go significantly further with regard to legally enforceable rights, not just depending on the whims of future Governments, she is right: these guarantees are worthless?

These rights will be enforceable by the UK courts. I meet Frances O’Grady very regularly. As I said to the shadow Secretary of State, I recognise that the TUC has a different preference, which is to continue to embed European rights directly and to have them enforced by the Court of Justice of the European Union. That is a different approach. In my view, it is not compatible with Brexit. Therefore, we are looking for a way in which this House, this Parliament and the UK courts can provide the guarantees that I think everyone in this House wants to give.

Trust is a big issue here. In July 2016, the Prime Minister told the nation:

“I want to see changes in the way that big business is governed…we’re going to have not just consumers represented on company boards, but workers as well.”

Can the Secretary of State confirm that that promise to workers was broken?