Leaving the EU: Workers’ Rights

(Urgent question): To ask the Secretary of State for Business, Energy and Industrial Strategy if she will make a statement on the Government’s plans for workers’ rights after the UK leaves the EU.

The UK has a long and proud tradition of leading the way in workers’ rights and for setting the highest standards. The Government have been clear and consistent that the decision to leave the EU does not change that in any way whatever. The Government have absolutely no intention of lowering standards on workers’ rights. To suggest otherwise is scaremongering and is untrue.

The EU has traditionally set minimum standards for workers’ rights and, as all colleagues in this Chamber would expect, the UK already exceeds standards in a wide range of areas, such as maternity and paternity leave and pay. The UK offers 39 weeks of statutory maternity pay, compared with the 14 weeks of paid maternity leave required by the EU’s minimum standards. Because the Government believe in the importance of supporting families in every possible way, we have also given fathers and partners an additional statutory right to leave and pay, something that the EU is only now starting to consider. We are one of the few EU member states to have introduced shared parental leave and we are proud that in the UK we have given all employees with 26 weeks qualifying service a statutory right to request flexible working that enables so many to better balance work and life responsibilities. EU law only allows workers to make such a request if returning from parental leave.

Under the terms of the European Union (Withdrawal) Act 2018, all existing workers’ rights laws will be transferred into domestic law once we have left the EU, making sure there is no gap or lack of clarity in the minimum set of workers’ rights which, as I have already said, the UK exceeds in many areas. We are also including in the Withdrawal Agreement Bill a new requirement that every Bill brought before this place in the future that affects workers’ rights will include a statement by the Government of the day on how it impacts workers’ rights. This will ensure that Parliament always has its say. The Government have also published clauses that will require every Government, now and in the future, to monitor new EU legislation covering employment and workplace health and safety standards, and to report on those changes to Parliament so that Parliament can again have its say.

In direct answer to the hon. Lady’s question, I can absolutely assure her and this House that the Government will not lower standards on workers’ rights when we leave the EU. On the contrary, it is the ambition of this Government to make the United Kingdom the best place to work and to grow a business.

Thank you for granting this urgent question, Mr Speaker. I persisted.

The leaked memos reported in the Financial Times over the weekend are both worrying and, at the same time, utterly predictable. They shine a light on the true politics of this Conservative Government and how they are seeking to use the withdrawal agreement Bill, as with their whole Brexit strategy, to sell out workers. The Prime Minister may keep repeating that it is an excellent deal, and no doubt that will be the mantra come a general election, but I would like to get to the truth. I want to start by asking the Secretary of State about the status of the documents, and particularly which Government Departments they were distributed to and when. At what stage was the Secretary of State aware of their existence and their content? If she was not aware, why not?

This issue is critical given that last week the Government gave a number of assurances on this issue to Members in this House, while at the same time they were seemingly discussing the very opposite among themselves. They will use Brexit as a blueprint for rapid deregulation, which will see the vital floor on protections disappear. This Government have proposed a Brexit deal that benefits their pals—the millionaires, the speculators and hedge fund managers—over working people. [Interruption.] Government Members can shout at me all they want, but that is the truth. How can we trust a Prime Minister who stood up and said they would keep the “highest possible standards” on workers’ rights, when the leaks show that the Government view such commitments as “inappropriate” and that negotiators had “successfully resisted” them being included in the legally binding part of the agreement with the EU? These rights are not inappropriate; they include things such as maternity leave, working hours, paid holiday leave—things that make a difference in people’s lives.

The Secretary of State says that the Government do not intend to dilute rights after we leave the EU. May I then ask her very simply: why did they take level playing field obligations out of the legally binding part of their Brexit agreement? Crucially, has the Secretary of State’s Department or the Cabinet Office ever looked at deregulation? If so, why? We need to get to the bottom of this. The Government are relying on the complexity of the legislation to bury their true approach to workers’ rights. Once we expose exactly the consequences of their approach to leaving the EU and what it means for our communities, they know that the Government could never win support of this House and, more importantly, of working people. Rather than resisting workers’ rights, we need a fundamental shift in power from the owners of business to workers. It is only a Labour Government who will ever do that.

Well, Mr Speaker, that was incredibly disappointing. The hon. Lady obviously was not listening to a thing I said. If she will allow me, I will just repeat what I actually said, rather than what she asserts I said. It is this Government’s ambition to make the United Kingdom the best place in the world to work.

I find it extraordinary that the hon. Lady thinks that the only valid protector of UK workers’ rights can be the European Union. Why on earth does she think that her party, my party, the other Opposition parties and our strong trade union tradition in the UK are utterly incapable of building on the superb tradition we already have in the UK of exceeding workers’ rights in the EU in so many areas? Once we have left the European Union, the United Kingdom will not be represented in EU institutions and nor will we have any direct influence on future EU legislation on workers’ rights. Why then should the Government and this Parliament seek to engineer circumstances where we are required to implement legislation over which we have had no say?

As we leave the European Union, we have a unique opportunity to enhance protections for the workforce and tailor them to best support UK workers. It will be for the United Kingdom to create and enhance UK employment rights and to take advantage of the superb opportunities for new UK-wide skills, jobs and prosperity that await us after we have left the European Union.

Most eccentric behaviour by the hon. Member for Hitchin and Harpenden (Bim Afolami). It is not necessary to raise one’s hand, as though in a classroom. It is quite sufficient for the hon. Gentleman simply to stand. I do not know what he did when he was at Eton, but he does not have to worry about that now. I am glad there is a beatific smile on the face of the hon. Gentleman. That itself is a source of some solace.

May I say to my right hon. Friend that the question from the hon. Member for North West Durham (Laura Pidcock) is completely at odds with reality? If Labour Members look very carefully at wanting to remain in the EU, it is the judgments of the European Court of Justice that Professor Mary Davis of Royal Holloway, University of London—a Labour historian—has said will be a thunderclap to the left, because, with imported workers, they put business rights over workers’ rights. So, if this case is exactly what they say it is, they should be wanting to accelerate our departure from the EU to get back full control of workers’ rights to the UK.

My right hon. Friend is absolutely right. He has done so much to promote social justice in the United Kingdom and he deserves respect from right across this place. What I would say to my right hon. Friend is that one of the EU’s own agencies, Eurofound—Opposition Members obviously do not want to hear this, because they are all chatting—ranks the United Kingdom as the second-best country in the EU for workplace wellbeing, second only to Sweden, and the best for work- place performance. That is something to be proud of.

Despite the Secretary of State’s energetic assertions, make no mistake: the Prime Minister’s deal is disastrous for workers’ rights. Scottish workers and industry now face the spectre of Tory trade deals to lower environmental and other vital standards. The Tories can never be trusted with workers’ rights; their record speaks for itself, and anyone who believes otherwise is sorely deluded. The Prime Minister bought off Labour votes for his awful deal by pledging “the highest possible standards”. Days later, that promise, like so many others, lay in tatters.

EU law and courts provide their own backstop against UK workers’ rights being weakened. We know that this Government are planning to diverge on the key regulations post Brexit. Is not it the case that the only way to guarantee workers’ rights and avoid them being watered down is to stay in the EU? As the Scottish Council for Voluntary Organisations has pointed out:

“Loss of oversight from, and recourse to, the European Court of Justice will remove…protection from UK citizens”.

As a minimum, will the Secretary of State agree to undertake an equality impact assessment of the UK Government’s plans for workers’ rights post Brexit? If not, why not?

The hon. Gentleman describes my defence of our ambitions on workers’ rights as energetic. It also happens to be true, which is extremely helpful to workers in the United Kingdom. Let us look at the facts. He asserts that somehow the EU is the only thing that lies between us and the poor house, but in reality there is no minimum wage in the EU, whereas this Government are raising the national minimum wage to £10.50 an hour. UK annual holiday entitlement is 28 days, including our public holidays; in the EU it is 20 days. Our maternity entitlements are nearly three times greater than those in the EU. We have given fathers and partners statutory rights to leave and pay. We have given adoption leave. We have given employees the right to request flexible working. In every single area, the UK far exceeds the European Union. It is absolute and total rubbish to say that the EU is the only protector of UK workers’ rights.

Could we turn to practical matters for a moment? Most of our constituents are in work, have worked or are related to people in work. It would be a pretty eccentric and perverse prospectus to say to our voters, “Please vote for us. We are going to make your working life worse, your standards lower and your environment less safe.” Given the practical, non-ideological politics of Government Members, does my right hon. Friend agree that that would be a very strange political message indeed?

My hon. Friend is absolutely right. To give some further cheery news, 80% of jobs created since 2010 are full-time jobs. The introduction of the national living wage delivered the fastest pay rise in at least 20 years for the lowest earners. [Interruption.] The hon. Member for Sheffield, Brightside and Hillsborough (Gill Furniss) might like to look at the facts rather than listen to the rhetoric coming from Opposition Members. If people want good work, good workers’ rights and decent wages, they should stick with the Conservatives.

Asking people to trust the Conservative party is a bit like asking them to trust Dracula with the blood bank. We know what its record is.

Will the right hon. Lady talk about enforcement? We can have all the rights we like on paper, but this Government and their predecessors have slashed enforcement to the bone, which has meant that an awful lot of the so-called rights that people have at work are theoretical and do not exist in practice.

The hon. Lady knows that that is simply not the case. Since 2015 the Government have doubled the budget for enforcement on compliance with the minimum wage. The enforcement activity of Her Majesty’s Revenue and Customs has meant that 200,000 workers could access nearly £25 million in national minimum wage arrears in 2018-19. The employment agency standards inspectorate has received a 50% increase in frontline inspectors. We are investing more than £1 billion in reforming the Courts and Tribunals Service. The hon. Lady is asserting non-facts; I am giving her the facts and she should listen to them.

I welcome my right hon. Friend’s commitment to the UK becoming the best place in the world in which to work and grow a business. Does she agree that we need to consider the way in which employment protection and the tribunals system impact on those in low paid and insecure employment in particular?

Yes. My hon. Friend is absolutely right. We have consulted on proposals for a single enforcement body for employment rights. That consultation closed on 6 October and the Government will respond to it. She will know very well that this Government are committed to extending, improving and enforcing some of the best workers’ rights in the world.