Justin Madders MP: speeches 2024

Speeches

• 12 Dec 2024 · Employment Rights Bill (Twelfth sitting) · Hansard source

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  I will remember that next time the shadow Minister tells me that we are trying to do too much in this Bill. With the Retained EU Law (Revocation and Reform) Act 2023, the Bill Committee for which I had the great pleasure of serving on, his Government could have done something about this before they left office. The figure of 20 is long established, and we have no current plans to change it, but we are keen to ensure that the scenario my hon. Friend the Member for Worsley and Eccles described cannot continue. As he said, Woolworths made 27,000 people redundant, and about 3,000 of those were completely exempt from collective redundancy consultations because of this issue. There has been a number of high-profile retail redundancies where people have missed out on collective redundancy obligations because of this law, which we are pleased to be able to change. On the question of smaller employers where there may not be trade union representation readily available, the regulations already provide for employee representatives to be engaged and elected in those circumstances, so there is no change to the law in that respect. There is already provision to deal with that situation. Question put and agreed to. Clause 23, as amended, accordingly ordered to stand part of the Bill . Clause 24 Collective redundancy notifications: ships’ crew Question proposed, That the clause stand part of the Bill.

• 12 Dec 2024 · Employment Rights Bill (Twelfth sitting) · Hansard source

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  It is a pleasure to see you in the Chair this afternoon, Ms Vaz. For the benefit of the Committee, I again refer to my entry in the Register of Members’ Financial Interests and my membership of the Unite and GMB trade unions. It has been an interesting debate. I think we are on the opposite end of the spectrum from where we were in the earlier debate about where the balance lies with our measures to end fire and rehire. I think that the fact that we have two arguments from other ends of the spectrum suggests that we are in about the right place—but if the shadow Minister expects us to believe that cows queue up to be milked in the morning, I just say to him: pull the udder one!

• 12 Dec 2024 · Employment Rights Bill (Twelfth sitting) · Hansard source

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  Amendment 59 will expand and restructure the provisions in clause 25, which amends the Procurement Act 2023, to reinstate and strengthen the two-tier code for relevant outsourced contracts for public services so that the powers and duties in clause 25 extend to Scottish and Welsh Ministers. Amendments 60 to 64 make changes that are consequential on those made by amendment 59, including by updating various definitions in the Procurement Act 2023 and by providing that regulations made by Scottish and Welsh Ministers must be made using the affirmative procedure of the Scottish Parliament and the Senedd. We are making the amendments at the request of the Scottish and Welsh Governments. They are necessary because to get the benefits of a consistent approach to fair and equitable employment terms and conditions on relevant outsourced contracts, it is essential that a reinstated two-tier code applies throughout the UK. We continue to engage with our counterparts in Northern Ireland about whether the powers should also extend to Ministers there. The regulations and code of practice created in our provisions will apply to reserved Northern Irish authorities. I commend the amendments to the Committee.

• 12 Dec 2024 · Employment Rights Bill (Twelfth sitting) · Hansard source

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  The clause will address the loophole that allowed P&O Ferries to avoid prosecution when it dismissed 786 seafarers without notice in March 2022. It will require operators of frequent services to British ports to notify the UK Government when making 20 or more redundancies even if those affected work aboard ships registered in another state. The clause means that if an operator of frequent services to a British port chooses to copy P&O Ferries and make collective redundancies without providing notice to the Government, it could face prosecution under the Trade Union and Labour Relations (Consolidation) Act 1992 and ultimately be liable for an unlimited fine. The clause will apply to services calling between Great Britain and another place in the UK. It will also apply to any services entering Great Britain from a place outside the UK on at least 120 occasions in a 12-month period before the redundancy notification, or to new services that have been operating for less than 12 months and have called 10 times or more per month while they have been operating. We estimate the number of operators in scope of the measure to be around 2,000. The cost to businesses will be minimal; it is estimated to be around £20 per notification. We hope that the prospect of an unlimited fine will deter operators from making mass redundancies without the appropriate notification. While this measure may not prevent redundancies from being made, it will mean that the Government and any employee representatives must be notified before any dismissals take effect. It will prevent the sort of disruption seen following the P&O Ferries dismissals and will mean that the Government will be able to provide valuable support to seafarers facing redundancy. I therefore commend the clause to the Committee.

• 12 Dec 2024 · Employment Rights Bill (Twelfth sitting) · Hansard source

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  It is good to hear that we have the support of the Liberal Democrats. Most of the country supports this measure; fire and rehire is rightly seen as a practice that should see its end. I quote the former right hon. Member for Welwyn Hatfield, Grant Shapps, who said at the time, when P&O first started on that course, that “we will not allow this to happen again: that where new laws are needed, we will create them, that where legal loopholes are cynically exploited, we will close them, and that where employment rights are too weak, we will strengthen them.” —[ Official Report , 30 March 2022; Vol. 711, c. 840.] I have news for the Committee: I am afraid that only this week several Members of this place have told me about fire and rehire tactics going on in their constituency. A fire and rehire situation is taking place right now in Wrexham. The loopholes have not been closed. That is why we need to act. To put the shadow Minister’s mind at rest, I believe that proposed new subsection (5) gives employers a real guideline as to how they need to deal with this. Furthermore, as was common to much of the evidence we heard, responsible and good employers do all those things anyway, so they will not be penalised or face any additional burdens, but rather will be able to operate on a level playing field. To refer to the evidence given by DFDS about this particular matter, or to someone working in an area very relevant to it, they said that they were pleased that fire and rehire was going to be dealt with, because as an operator, they are “simply looking for a fair and level playing field.” –– [ Official Report, Employment Rights Public Bill Committee, 26 November 2024; c. 56, Q54.] That is why we need to act today. I also refer to the support of the Institute of Directors; approximately two thirds of its members who were polled supported this action, too. I think it will come to be seen as a watershed moment in industrial relations in this country, where we finally got rid of one of the most obnoxious and outdated practices that this country has ever seen. Question put and agreed to. Clause 22 accordingly ordered to stand part of the Bill. Clause 23 Collective redundancy: extended application of requirements

• 10 Dec 2024 · Employment Rights Bill (Ninth sitting) · Hansard source

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  It is a pleasure to see you in the Chair this morning, Mr Mundell. As is customary, I refer to my declaration in the Register of Members’ Financial Interests and my membership of the GMB and Unite trade unions. As Members will be aware, clause 10 introduces new requirements on tipping, namely the requirements for employers to consult workers about the allocation of the tips they have earned, and to review their tipping policy. These new requirements will build on the measures introduced by the previous Government in the Employment (Allocation of Tips) Act 2023. The Act came fully into effect on 1 October this year and ensured that an estimated £200 million-worth of tips each year are no longer retained by employers. The Act is accompanied by a statutory code of practice on the fair and transparent distribution of tips. Although the Act requires employers to allocate tips fairly to workers, the existing statutory code of practice only encourages consultation with workers in deciding that allocation. The Government were clear in their commitment to going further—indeed, I took part in a debate earlier this year in which I said that the legislation did not go far enough. We will therefore make it mandatory for employers to consult workers in developing or updating their tipping policies, including how tips are allocated. The clause will support worker participation in the allocation and distribution of tips that they have earned, by mandating that employers consult workers during the development or revision of their written tipping policies. It will also mandate that employers review their tipping policy and maintain records of the consultation they have carried out, as well as giving workers the right to request and review records related to the tipping policy consultation. The consultation will be required to take place at the formative stage, before the policy is finalised or updated, and should be carried out, where possible, by engaging with representatives of recognised trade unions or other chosen representatives. If neither are available, the consultation will be required to be with workers likely to be affected. We will continue to engage with unions and worker representatives in hospitality and other impacted industries to ensure that the measures in the Bill and in the statutory guidance deliver fully on our aims. Following Royal Assent, we will consult widely and properly with stakeholders to determine what changes should be made to the existing statutory code of practice. We are determined to ensure that guidance is as helpful as possible, ensuring that tips are allocated fairly and that worker consultation is carried out properly. These measures will be enforced via the employment tribunal system. If an employer fails to consult their workers properly or to distribute tips in a fair and transparent manner, workers will be able to bring a claim to an employment tribunal. The tribunal will be able to order an employer to compensate workers up to £5,000 for financial loss. I think that Members can see what we are trying to achieve with the clause, and I therefore commend it to the Committee.

• 10 Dec 2024 · Employment Rights Bill (Ninth sitting) · Hansard source

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  Jacob has gone, hasn’t he?

• 10 Dec 2024 · Employment Rights Bill (Ninth sitting) · Hansard source

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  First, I will acknowledge, as did the shadow Minister, the hon. Member for Mid Buckinghamshire, the work in this area by previous Members of this place, including the former Member for Ynys Môn. I think it was seven years after the announcement that there was to be legislation that we finally got action, but it is welcome. I note the shadow Minister’s comment that the legislation has transformed attitudes, and that is what we are trying to do with this Bill in general: transform the workplace so that workers have better security and a better voice. The shadow Minister raised some important questions, as did the Liberal Democrat spokesperson, the hon. Member for Torbay, about what this measure means for smaller businesses where there may not be a trade union. Of course, that is an argument for greater organisation in the workplace so that employers can consult collectively with the workforce. Those smaller employers—the Great British café, for example—would not always have an easy route to consult with their workforce, but in that kind of informal setting, where there is only a handful of employees, it should be fairly straightforward. Everyone will know their role and what goes on, and the existing code of practice deals with the guidance for smaller employers in that sense. My hon. Friend the Member for Birmingham Northfield asked whether this measure meets our commitments under “Make Work Pay”, and I believe it does. It is a significant step in continuing the welcome, transformational moves that we have seen on tips, and it gives workers an absolute right to be consulted, which I think is important. There is evidence, such as the research by the Chartered Institute of Personnel and Development, that certain sections of the workforce, including agency workers and people working in certain parts of a business, feel that they do not have a voice. This provision will give them that voice and the real teeth they need to ensure that tips are fairly distributed. As the shadow Minister said, this is all about them. It is about ensuring that everyone who contributes to the service that we all enjoy gets those tips, which the customer clearly wants to ensure are spread among the workforce. On that note, I commend the clause to the Committee.

• 10 Dec 2024 · Employment Rights Bill (Tenth sitting) · Hansard source

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  It is a pleasure to see you in the Chair, Mr Stringer. As always, I draw the Committee’s attention to my entry in the Register of Members’ Financial Interests and my membership of the GMB and Unite trade unions. I thank the hon. Member for Chippenham for raising these important issues, which we need to explore. She is coming from a good place. We all know that whistleblowers play an important role in shining a light on wrongdoing. The fear, and often the reality, of retaliation is a barrier to people coming forward with concerns. Before I turn to the substance of amendment 163, I will recap the existing protections for whistleblowers. Workers have the right not to be subject to detriment on the grounds of making a protected disclosure and not to be dismissed for making a protected disclosure: that would be treated as an automatically unfair reason for dismissal. These are day one rights for workers and employees who have recourse to an employment tribunal. The standard employment law definition of “worker” has been extended in recent years to whistleblowing protections. It includes a range of employment relationships, such as agency workers, individuals undertaking training or work experience, certain self-employed staff in the NHS, police officers and student nurses and midwives. Amendment 163, as the hon. Lady says, would extend the scope of whistleblowing protections to a huge range of other groups, including the self-employed, contractors, office holders including members of the judiciary, non-executive directors, trustees—including personal trustees—and trade union representatives and job applicants, as well as those who acquire information during a recruitment process. I can see the hon. Lady’s intentions and what she is trying to achieve. However, there are questions that the amendment does not address, particularly given how our current employment law framework is structured, because a lot of the people it covers are not in an employment relationship or a worker relationship. The remedies are based on detrimental treatment and on dismissal, but a lot of those to whom she seeks to extend protection are people who by definition cannot be dismissed, because they are not employees or workers. It is quite a job to understand exactly where to take the issue of people who acquire information during a recruitment process, which is the final limb of the amendment, paragraph (cg). That is potentially extremely broad in application. In legislation like this, it would be difficult to pin down exactly who it would apply to. Would it apply to someone casually undertaking a job search on the internet? Where do we draw the line? On the point about job applicants, I take the point that blowing the whistle can have a huge impact on a person’s career prospects. I have represented many people who have found that to be an issue, and there are already blacklisting laws for certain types of protection. However, the tribunal can award compensation and take into account the difficulty that an individual might have in finding suitable employment at a similar level as a result of having blown the whistle. There is a wider question about how we treat people who blow the whistle, which is not necessarily going to be resolved by the amendment. I agree that we should protect those who speak up and that we should ensure that our legal framework takes account of modern working relationships. I recognise that, particularly for trade unions, there is a benefit to having these groups within scope, and there are issues here that I think bear further scrutiny. Because of the plethora of unintended consequences and knock-on effects, some of which I have touched on, we cannot accept the amendment as drafted, but I assure the hon. Lady that I intend to meet Protect next month to discuss the issues on which it is campaigning. We are aware of the long-overdue requirement to look at whistleblowing law. The previous Government undertook a small exercise and we need to understand its findings, but we will be taking into account some of the issues that the hon. Lady has raised. We cannot pretend that such an amendment would not bring very large numbers of additional people into scope, so we would want to work with stakeholders to understand what that would mean for them. It is also possible to imagine people becoming professional whistleblowers by having something that they could rely on in perpetuity; again, we have to balance that against the need to ensure that people are properly protected. I am happy to work with colleagues across the House to ensure that if we introduce any legislation in this area, we get it right and recognise modern relationships. The hon. Lady is also right to refer to worker status: we are keen to look at that in our “Next Steps” document, because we know that a whole range of issues arise.

• 10 Dec 2024 · Employment Rights Bill (Tenth sitting) · Hansard source

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  Let me sum up the debate. The shadow Minister asked some questions, and there were other contributions to the debate, which I hope to come on to. I think that the shadow Minister’s general position was that he accepted that there should be a reduction in the qualifying period. I am not entirely clear whether that was the case, but certainly his colleague, the hon. Member for Bridgwater, threw out a number of proposals. The question that the shadow Minister asked was, “Why day one?” I will come to that shortly, but I think the other main thrust of his argument was that we are not listening to businesses. Of course we are, and that is why we came up with the concept of a statutory probationary period. For the information of the Committee, about 140 stakeholders have engaged with us about the Bill since we came into office in July. One of the many issues that have come up is the question of day one rights, and how we balance the risk for employers—giving them the confidence to hire but ensuring that we deliver our policy aim of giving people more certainty and security at work. That is where the statutory probationary period comes in. We believe that that will help businesses focus on their hiring practices, but it should also increase the dialogue between employer and employee in those early days of the employment relationship. My hon. Friend the Member for Gloucester said that an employer can work out pretty quickly whether someone will be suitable for the workplace. At this point, I quote Professor Dominic Regan, an eminent professor of employment law, who used to quip somewhat tongue in cheek that he could decide whether he liked someone within 10 minutes of meeting them on a train. That was his way of arguing that the two-year time limit for unfair dismissal was set far too high. It is certainly a sentiment that I agree with, although we will not be going as far as to introduce a 10-minutes-on-a-train test. We are seeking to give employees the security of knowing that they will not be arbitrarily dismissed in the early days of their employment, but to give employers the confidence to hire and the opportunity to use a light-touch process to deal with issues of performance and capability. We believe that will be a positive for employees. Research quoted in the impact assessment suggests that having a job is significant to physical health and personal relationships, as a determinant of one’s wellbeing. The quality of that job and how secure it is are clearly a key part of that. The point made by my hon. Friend the Member for Birmingham Northfield, and by my hon. Friends the Members for High Peak and for Gloucester, about employees who get dismissed before the qualifying period sometimes looking for a protected characteristic to base a claim on is an interesting one. I do not think that is something that we can model, because we do not know exactly how many claims would have continued anyway, but it is a fair point that when people are dismissed before two years, without any discussion or explanation, they seek answers, and sometimes they might seek those answers by hanging their hat on a statutory peg that may not always fit the case. My hon. Friends all spoke eloquently about how that can be counterproductive not just for the businesses, but for the employees’ general wellbeing. Business in the Community surveyed 4,000 employees, of whom 66% said that their mental health and wellbeing was affected by their personal job insecurity. In written evidence presented to the Committee, USDAW noted that “Being dismissed on spurious…grounds, without a fair investigation can have devastating consequences for an employee” in terms of morale, confidence and living standards. Having worked for employers that had quite a gung-ho approach to employment rights, I welcomed the security of a qualifying period for unfair dismissal. Before that, it really did feel that you were one wrong conversation away from seeing your job go. Of course, there is significant evidence to suggest that there are advantages for the wider economy. I think there is an acceptance that job insecurity can have a cooling effect on job mobility. The Resolution Foundation noted that the job mobility rate in 2019 was 25% lower than in 2000. As my hon. Friend the Member for Birmingham Northfield said, there is an international context to this: the UK is the fifth least regulated of the 38 OECD countries in terms of the dismissal of individual workers. We should look to correct that, and the Bill will go a long way towards doing so. The shadow Minister asked about the risk to jobs. The impact assessment states: “There is limited evidence to suggest that protecting employees from unfair dismissal is associated with lower employment rates.” Evidence from our OECD counterparts across Europe supports that. The Resolution Foundation gave evidence to the effect that the measure is unlikely to have an impact on employment rates. Professor Deakin’s historical context was important. He said that, over the sweep of history in the past 50 years, increased employment protections have not led to increased unemployment. Of course, all Members will be aware of the messages of doom that we heard during the national minimum wage debate about what implementing that measure would mean for employment rates. History demonstrates that there is nothing to fear in this legislation, and nothing to fear in giving people greater job security from day one. By providing for a statutory probationary period, we are getting the balance right between security at work and giving employers the opportunity to take a chance on new hires. I commend the clause to the Committee. Question put and agreed to. Clause 19 accordingly ordered to stand part of the Bill. Ordered , That further consideration be now adjourned. — (Anna McMorrin.)

• 10 Dec 2024 · Employment Rights Bill (Tenth sitting) · Hansard source

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  I will not speak for long on clause 19, because it is a fairly straightforward clause and there are more detailed clauses and amendments that may generate further debate. Clause 19 introduces schedule 2, which will repeal section 108 of the Employment Rights Act 1996, thereby removing the two-year qualifying period for protection against unfair dismissal. An estimated 9 million employees have been working for their employer for less than two years and therefore have very limited protection against unfair dismissal. By removing the qualifying period, the Government will make basic protection against unfair dismissal a day one right for all employees, ensuring a baseline of security and predictability. It is about tackling insecurity. Unless there are automatically unfair grounds, an employer can lawfully sack a worker just by giving them their statutory or contractual notice pay and telling them not to come back to work. There is no entitlement to a fair process, nor even a right to a written statement explaining why they have been sacked. Think about what you can do with two years in your life, Mr Stringer—well, maybe we should not think too much about it. Someone can make an awful lot of commitments, including financial commitments. They can get married, buy a house, start a family and take out loans of all descriptions, but they have no protection at work and nothing to stop them being arbitrarily dismissed in that two-year period. We think that that is wrong: it creates a great deal of insecurity in the workplace, and it has to change. Our changes will not prevent fair dismissal. We will ensure that businesses can hire with confidence. We will ensure that employers can operate contractual probation periods, which are separate from the new statutory probationary periods. During the statutory probationary periods, employers will have a lighter-touch standard to meet when they need to dismiss an employee who is not suitable for the job. Our changes will ensure that newly hired workers are not arbitrarily dismissed. We believe that that will help to drive up standards in the workplace. It will ensure that there is greater fairness and greater understanding between employees and businesses. It will drive up standards, quality and security—all things that we believe will improve our economy. We do not intend to bring in these measures in until autumn 2026 at the earliest. I commend the clause to the Committee.

• 10 Dec 2024 · Employment Rights Bill (Tenth sitting) · Hansard source

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  We seem to have lost a few colleagues during the votes; hopefully, they are coming back. It seems a while since they were made, but I will pick up on comments and questions of —[Interruption.]

• 9 Dec 2024 · Fireworks: Sale and Use · Hansard source

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  This is the first time in several years that the campaign has taken place. Hopefully there will be a baseline of evidence that we can look to. I will commit to write to my hon. Friend to see what we can elicit from officials in that respect. As I say, UK fireworks retailers support the voluntary fireworks code, which contains advice on safety and considerate use. Many lower-noise firework products—those around 90 dB or below—are already on the market, with consumers recognising that as an option. I hope that market continues to grow. Intelligence has been shared that shows that some considerate supermarket retailers are now stocking lower-noise fireworks, and some refuse to stock fireworks altogether. Testing commissioned by the Office for Product Safety and Standards found that consumer firework products have a very high compliance with the 120 dB limit set out in law, so the issue is not with the products but with where the law sets the limit. Many Members raised concerns about the noise and disruption that fireworks cause, but acknowledged that displays have a contribution to make to community groups up and down the country as they often raise money for good causes. In 2019, the Petitions Committee noted that point and stated that “these community displays have widespread local support and increase community cohesion.” It also noted that a ban on fireworks could have unintended consequences, such as a “substantial economic effect” on the industry and the risk of a black market, which the National Fire Chiefs Council and the National Police Chiefs’ Council raised in their evidence to the inquiry. There is a lot to consider, but we recognise the strength of feeling about fireworks and their negative impact on some groups in society. I also recognise the need for effective regulation in this area. We must recognise the place of fireworks in cultural and community celebrations and consider carefully any unintended consequences. I acknowledge that, as has been said, there is a paucity of evidence about the effectiveness of the current regulations. I am committed to engaging with all stakeholders, including businesses, consumer groups and charities, to understand the issues and inform any future decisions in this policy area. The safety of the public and the impact on people and animals will be paramount in those considerations. I hope this dialogue will continue.

• 9 Dec 2024 · Fireworks: Sale and Use · Hansard source

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  It is a pleasure to see you in the Chair, Mr Mundell. As the shadow Secretary of State, the hon. Member for Arundel and South Downs (Andrew Griffith), said, this has been a good debate and a wide range of suggestions have been made. We had speeches from 20 Back-Benchers: my hon. Friend the Member for Newport East (Jessica Morden), the hon. Member for Hazel Grove (Lisa Smart), my hon. Friend the Member for Luton North (Sarah Owen), the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury), the hon. Member for Cheadle (Mr Morrison), my hon. Friend the Member for Uxbridge and South Ruislip (Danny Beales), the hon. Member for Hornchurch and Upminster (Julia Lopez), my hon. Friend the Member for Bexleyheath and Crayford (Daniel Francis), the hon. Member for Bradford East (Imran Hussain), my hon. Friend the Member for Wolverhampton North East (Mrs Brackenridge), the hon. Member for Edinburgh West (Christine Jardine), my hon. Friend the Member for Glasgow South West (Dr Ahmed), the hon. Member for Eastleigh (Liz Jarvis), and my hon. Friends the Members for Edinburgh South West (Dr Arthur), for Gloucester (Alex McIntyre), for Stourbridge (Cat Eccles), for Glasgow East (John Grady), for Morecambe and Lunesdale (Lizzi Collinge) and for Southport (Patrick Hurley). That was quite a good spread across the isles: it shows that the issue affects everyone in this great nation of ours. Everyone spoke with great passion and insight into how fireworks affect individuals, and there were a range of suggestions about what might be done. I congratulate the hon. Member for Keighley and Ilkley (Robbie Moore) on leading this important debate. He set out well the balance of issues that we have to take into account when considering these matters. As he highlighted, fireworks can have a dreadful impact. The two petitions that we are debating are “Ban the sale of fireworks to the general public” and “Limit the sale and use of Fireworks to licence holders only”. I join the shadow Secretary of State in paying tribute to Chloe Brindley and Alan Smith for their work in helping to get the petitions debated today. The debate has shown that there is an appetite across the House to look at the issue. As a constituency MP and as a member of the Government, I know from my own postbag that it is an issue of widespread concern. I express my condolences to the family of Josephine Smith, who, as we know, sadly passed away following the placing of a firework through her letterbox. The tragic story, which was conveyed by the hon. Member for Hornchurch and Upminster, brings home the consequences of the deliberate misuse of fireworks. We heard from her about how the CCTV caught those responsible talking about what they might do, and I cannot imagine how difficult that must have been to view that irresponsible behaviour. The hon. Lady conveyed Mr Smith’s thoughts well. He asked for a sensible and respectful debate, and I certainly believe that we have had one today. I assure him that we will meet in the new year and that we will continue to engage in a sensible and respectful way. There are many things to explore in what he said. My hon. Friend the Member for Luton North has caught the attention of a lot of Members with her private Member’s Bill. She highlighted what is arguably an illogical approach to licensing, and mentioned the challenge of enforcement, which all Members spoke about. Many Members clearly feel that the enforcement regime is not working as it should. There may be a number of reasons for that. She also mentioned the impact on children with special educational needs and on guide dogs, and the impact of online sales, which were not something of which we were cognisant when fireworks were last legislated for. Those were important points. The hon. Member for Edinburgh West is not in her place, but her constituency contains Edinburgh Zoo, where Roxie the panda cub sadly died. That graphically brings home the impact that fireworks can have on animals. She was right to highlight the irony of a zoo doing its utmost to protect an endangered species but losing an animal through the deliberate and possibly unthinking acts of humans. There are many elements to this. We must recognise that for many people and animals, noise and disruption can be challenging. That is why we have had this debate today and why many people have signed the petition. We must recognise that for the many people who use and enjoy fireworks responsibly, they are an important part of their life for enjoying celebrations with family and friends, and as part of the wider community. We know they are a popular product: the industry is valued at £200 million a year. Research published by the Social Market Foundation showed that 77% of the public like fireworks a lot or somewhat. As I think my hon. Friend the Member for Bexleyheath and Crayford said, about 14 million Britons—a significant number of people—plan to have their own displays each year. However, the research also showed that only 15% of people in Great Britain want the regulations to stay as they are. It was clear from the debate that a lot of Members share that view. As my hon. Friend the Member for Stourbridge mentioned, there is potential for alternatives, including the use of light displays, drones and lasers. The use of alternatives was also highlighted in the Social Market Foundation report. As Members have said, the Petitions Committee launched an inquiry into the sale and use of fireworks in 2019, which gave people the opportunity to raise their concerns. I believe it attracted more than 350 written submissions. The Committee made a number of recommendations but did not, in the end, advocate for a total ban on fireworks. I think it recognised the concern that doing so would create a black market. When we look at the possibility of a total ban, we must recognise that an extensive regulatory framework for fireworks already exists. We should also recognise that, particularly in Scotland, there have been a number of developments in trying to regulate them. I listened with great interest to what my hon. Friends the Members for Glasgow South West and Edinburgh South West said about their experiences of that system. They both talked about the horrendous injuries that police officers and other public servants have received, and why it is so important for them to get control of the issue. When my hon. Friend the Member for Edinburgh South West said that a lot of this is just lawlessness, he hit the nail on the head. That feels such a long way away from the displays that many Members talked about from their youth. How we have gone from that innocent, joyful experience to downright anarchy is a sad indictment, I am afraid. I also noted my hon. Friend’s question about whether exclusion zones have been as effective as we would have liked. I think my hon. Friend the Member for Glasgow East suggested that their application had not been as good as we would have liked. There are certainly things we need to look at from the experience of Glasgow and Edinburgh so far, to understand whether that tool is fit for purpose. Under the Fireworks Act 2003, the Fireworks Regulations 2004 introduced a package of measures to reduce the nuisance and injuries caused by the misuse of fireworks, which forms part of the broader public concern with the problems of antisocial behaviour. As we know, there is an 11 pm curfew for the use of fireworks, with later exceptions only for the traditional firework periods of 5 November, Diwali, new year’s eve and Chinese new year, as well as for local authority displays, celebrations and events. In addition, the Pyrotechnic Articles (Safety) Regulations 2015 include a 120 dB noise limit on the fireworks available to consumers. It should be said that the majority of people who use fireworks do so appropriately and have a sensible and responsible attitude to them, but, as we have heard this afternoon, too many people use them in a dangerous, inconsiderate or antisocial manner. The police, local authorities and other local agencies have a range of tools and powers that they can use to respond to antisocial behaviour, including the antisocial use of fireworks offence through the Anti-Social Behaviour, Crime and Policing Act 2014. Going even further back, the Explosives Act 1875 made it an offence to throw, cast or fire a firework into a highway, street, thoroughfare or public place, demonstrating that it is sadly not a new problem. Members have referred to the different categories of fireworks. It is worth setting out the fact that retailers must not sell low or medium-hazard fireworks, known as F2 and F3 fireworks, to anyone under the age of 18. Category F1, classed as very low hazard, cannot be sold to anyone under the age of 16. F4 fireworks are the most hazardous and can be sold only to those with specialist knowledge who have undertaken training recognised in the fireworks business and who hold a valid liability insurance. It is also an offence for anyone under the age of 18 to possess an F2, F3 or F4 firework in a public place, or for anyone to possess an F4 firework unless it is for specified professional reasons. Those offences can attract a £90 on-the-spot fine or, on summary conviction, up to six months’ imprisonment or an unlimited fine. Retailers are restricted to selling consumer fireworks during a limited period around each of the seasonal celebrations that I have mentioned. Retailers may supply fireworks to the public outside of those periods only if they obtain a licence from their local licensing authority, so fireworks are less available to purchase outside those seasons. There are storage limits and strict rules around how and where fireworks are stored in business premises—the experience of my hon. Friend the Member for Brentford and Isleworth is not an example of how they should be adhered to.

• 9 Dec 2024 · Fireworks: Sale and Use · Hansard source

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  I thank my hon. Friend for her intervention. I think I have already recognised and acknowledged that there is a slight incongruity about how it works, which is something we will consider as we move forward. Local authority trading standards work with retailers to ensure that fireworks are sold safely, and they have powers to enforce. Again, we have heard questions about whether that is currently sufficient. Trading standards can also enforce against those selling fireworks without an appropriate licence—for example, outside the normal selling period. But it is clear from the debate that some Members feel the current legislation is not only inadequate but is not being enforced properly. Some Members mentioned the issue of noise. We recognise the impact of fireworks on vulnerable people, including veterans and those with post-traumatic stress disorder, and animals. That, along with antisocial use, is a key concern, as I have heard on a number of occasions. This year I launched a fireworks campaign to provide guidance on minimising their negative impacts. The campaign was well received on social media and shared by our key enforcement partners. But of course those who were determined to cause trouble and those who do not have any respect for others will not take heed of that. Various animal charities have published guidance on how to protect animals during the fireworks season. We will continue to work collaboratively with animal welfare organisations, alongside other charities, to ensure that the messaging reaches the public.

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  I think it is fair to say that we signalled our intention to repeal the 2023 Act shortly after taking office. It had not actually been implemented, so it is not a case of creating additional burdens. I am sure the shadow Minister will concede that if we had allowed it to take its course, it would have created a set of regulations, involving time and expense, that would only have been replaced in short order with another set of rules. The problem with the 2023 Act is that it would still create a huge power imbalance for the employer, as the Low Pay Commission recognised when it expressed its concerns. Question put and agreed to. Clause 5 accordingly ordered to stand part of the Bill. Clause 6 Exclusivity terms in zero hours arrangements Question proposed, That the clause stand part of the Bill.

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  Schedule 1 will make various amendments to the Employment Rights Act 1996 and the Employment Tribunals Act 1996. Among those amendments, which are consequential on clauses 1 to 3, I highlight the insertion of proposed new section 47H of the Employment Rights Act 1996, to make provision for a worker not to be subject to detriment on various grounds relating to the right to guaranteed hours. The employer cannot penalise the worker for accepting an offer of a guaranteed hours contract, for example, or for challenging an offer that is not in compliance with the obligations on the employer regarding guaranteed hours. Amendments have been made to extend these detriment provisions to situations in which a worker brings a claim or alleges the existence of a claim in relation to a breach of the duties relating to information rights and notice requirements. The detriment provisions are also extended to situations in which a worker suffers a detriment because they qualify for the right to guaranteed hours or the employer believes that they do. Whether a detriment has occurred in such instances will of course be for an employment tribunal to determine. Likewise, the employer cannot penalise the worker for declining to work a shift that the worker reasonably believed was offered with unreasonable notice. This is an important right that helps to address the potential power imbalance between an employer and a worker who is seeking to enforce their statutory rights. Schedule 1 will also insert proposed new section 104BA of the Employment Rights Act, which makes provision for an employee to be treated as unfairly dismissed if the reason—or principal reason—for the dismissal is that the employee accepted or rejected, or proposed to accept or reject, an offer of guaranteed hours. Likewise, an employee will be treated as unfairly dismissed if the employer was under a duty to offer guaranteed hours but the employer dismissed the employee during the reference period to avoid having to comply with that duty. Amendments have been made to ensure that unfair dismissal protections extend to cases where a worker is dismissed because the employer believes they have a duty to offer guaranteed hours, even if that belief is mistaken.

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  We have had a good debate. Most Members have spoken positively about the need for this change. Obviously, this was a measure brought in temporarily by the previous Government, during covid. They recognised the particular issue at the time. Before I turn to the shadow Minister’s comments, I wish him the best of luck in the Mid-Buckinghamshire pantomime. I hope he does not become the George Lazenby of the Conservative party as a result. He raised two perfectly reasonable questions. The first was on Northern Ireland. I can assure him that it was not an oversight. It has been introduced as an amendment because, as this is a transferred power to Northern Ireland, we need their consent before it can be included. I think he will understand that putting it in without getting that agreement might have been counterproductive. On the second point that the shadow Minister made, about abuse of the provision, of course employers already have the power to deal with employees whom they feel are falsely taking time off sick. Whether that is day four or day one, those powers are already there. My hon. Friend the Member for Scarborough and Whitby made a very powerful speech to highlight the impact on particular groups. The evidence we heard from the Women’s Budget Group last week was particularly important in that respect. Other Members who spoke, my hon. Friends the Members for Birmingham Northfield and for Stratford and Bow, raised a whole plethora of examples with pieces of evidence in support of the policy. I think it is one that is generally supported. To deal with the point made by the hon. Member for Dundee Central about the level of statutory sick pay, he may not have seen my opining on SSP at the evidence session last week, or the famous comments from the former Health Secretary about it not being enough to live on. I recognise that. Unfortunately, however, I have to give him the stock answer, which is that the actual level is set by the Department for Work and Pensions. He made a fair point about people on long-term sick, because there is a huge interplay between people on long-term sick and the benefits system, but it is in the Department’s gift to set the rate and to look at how it interplays with accessibility to other benefits, which of course depends on people’s individual circumstances. Question put and agreed to . Clause 8 accordingly ordered to stand part of the Bill . Clause 9 Statutory sick pay: lower earnings limit etc

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  Clause 8 provides for the removal of the waiting period from the statutory sick pay system, meaning that all eligible employees are able to access statutory sick pay from the first day of sickness absence. The current system of waiting until the fourth day of sickness before SSP is paid means that many people are forced to make the difficult choice between going into work when they are unwell or receiving no income. That is bad for individuals but also bad for business. Removing the waiting period will support employees in taking the time off they need to recover from illness and reduce the spread of infection. Under the current rules, the system encourages workers to drag themselves into work when they are unwell. The TUC gave an example of workers in a mental health hospital in Blackpool who had to go on strike because they did not have access to day one sick pay and could not afford to take the day off. Those NHS workers felt that they were being forced to go into work. Obviously, they work in a clinical environment, so they were also putting patients at risk.

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  I beg to move amendment 53, in schedule 1, page 109, line 30, leave out “last” and insert “latest”. This amendment and amendment 54 concern the calculation of a week’s pay for the purposes of an award of compensation by an employment tribunal following a complaint under proposed section 27BF of the Employment Rights Act 1996. The amendments ensure that the rules work for all such complaints.

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  The very issue that the hon. Member is putting forward in his amendment is the issue that the Department for Work and Pensions is consulting on at the moment, which is why it would be premature to make a decision at this stage.

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  I am grateful for the shadow Minister’s comments. I have been reflecting on his scenario from this morning. Actually, the first thing I thought about over lunch was how the employer would be checking that the individual was up and dressed at 5 o’clock in the morning to make sure he had complied with the terms of his contract. However, the intention behind the Bill is to make sure that we do not get into lots of debates about whether someone is covered by this legislation or whether everyone who is in some sort of arrangement or contract is covered by it. Of course, if they do not wish to have an offer of guaranteed hours, they are entitled under the legislation not to accept it. I think that this clause will bring clarity and consistency across the board in that respect. Question put and agreed to. Clause 6 accordingly ordered to stand part of the Bill. Clause 7 Right to request flexible working

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  I think there was a suggestion there that we may favour one stakeholder group over another. I assure the shadow Minister that when we tot up the engagements that we have had so far, the number of businesses and business organisations is far in excess of the number of trade unions. Actually, we want to consult with everyone, broadly: we do not think that there should be an arbitrary limit on who we discuss this with. On the time limits, the “Next Steps” document is very clear about the timetable. If it takes more time, it takes more time. We do not want to rush the Bill through and create unintended consequences of the type that the shadow Minister is rightly concerned about. We want to get it right. That is why we are committed to consulting as we go forward.

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  I am grateful for the shadow Minister’s questions. I feel that we are embarking on an employment law masterclass, although I am not sure that I consider myself a master. The first point was about how an individual would demonstrate that an employer had believed that they were entitled to particular rights and therefore had reason for dismissal. It is akin to existing case law and legal precedents from other jurisdictions: a set of facts can be presented to the employment tribunal to determine its judgment. I accept that it is not the easiest thing to prove, but that is how the law is currently structured and there will be no departure from that. On the second point, clearly we would not want this to have the unintended consequence of not relating to a dismissal during the reference period. Proposed new section 104BA(3) logically demonstrates that if there is a termination during the reference period, the same protections would still apply. I am happy to seek further advice, but my understanding is that the Bill, as drafted, covers that situation. Clearly we would not want a loophole of that nature. I hope that that deals with the shadow’s Minister’s questions. Amendment 50 agreed to . Amendments made: 51, in schedule 1, page 108, leave out lines 39 to 41. This amendment removes a requirement about the timing of a dismissal from proposed section 104BA(3) of the Employment Rights Act 1996. Amendment 52, in schedule 1, page 109, leave out line 1. — (Justin Madders.) This amendment is consequential on amendment 51.

• 5 Dec 2024 · Employment Rights Bill (Eighth sitting) · Hansard source

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  I beg to move amendment 50, in schedule 1, page 108, line 34, at end insert— “or the employer believes that that duty so applies, and”. This amendment extends proposed section 104BA(3) of the Employment Rights Act 1996 (dismissal is unfair if done to avoid giving a worker a guaranteed hours offer to which the worker is entitled under proposed section 27BA of that Act) to a case where an employer believes a worker is entitled to such an offer.