Justin Madders MP: speeches

Speeches

• 16 Jan 2025 · Employment Rights Bill (Twenty First sitting) · Hansard source

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  Let me start by reaffirming our strong view that every worker has the full right to protection under the laws of this country. That includes migrant workers, as is clear from our plan to make work pay, which recognises that particularly vulnerable sectors are open to abuse from unscrupulous employers. The immigration framework is an important part of ensuring that those who come to this country under visas and sponsorship are protected and that modern slavery abuse is tackled. Sponsorship is a privilege that comes with certain responsibilities for sponsors to ensure that they adhere to employment rights in the United Kingdom. They must have full responsibility for the work that workers are conducting, and in all cases they must ensure that those they sponsor are paid appropriately and that they act in compliance with relevant legislation. As my hon. Friend the Member for Edinburgh East and Musselburgh says, a lot of work is ongoing in this area, particularly from the Home Office, which recently announced that it would ban from future sponsorship any business found guilty of serious employment law breaches, including failing to pay the national minimum wage. We are committed to strengthening the enforcement of rights more broadly through the fair work agency. The Committee has heard plenty of evidence that the current system of enforcement is fragmented. Unfortunately, as we know, that often means that not everyone gets the protection that they should have. One of the essential functions of the new fair work agency will be to produce a strategy setting out its assessment of the scale and nature of non-compliance with labour market rules. This is to ensure that the risks of abuse across all sectors and groups of workers are properly understood and captured. In producing the strategy, the fair work agency will need to consult with an advisory board made up of trade unions, business and independent experts. That will ensure that we get a broad view of the gaps and risks in the labour market. The hon. Member for Dundee Central suggests that this area is a blind spot for the Government. I can assure him that it is not. I have had conversations with the Director of Labour Market Enforcement about the issue, and plenty of work is under way at the Home Office. The hon. Member need only consider the Low Pay Commission’s report to see that the issue is clearly on our radar. An additional report would not add anything to the work that is already under way. I therefore ask him to withdraw his new clause.

• 14 Jan 2025 · Employment Rights Bill (Nineteeth sitting) · Hansard source

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  I beg to move amendment 201, in schedule 7, page 148, line 16, at end insert— “8A “(1) This paragraph applies to information which— (a) was obtained in the course of— (i) exercising the powers conferred by section 9 of the Employment Agencies Act 1973 (“the 1973 Act”), or (ii) exercising powers by virtue of section 26(1) of the Immigration Act 2016, and (b) immediately before the coming into force of paragraph 2 of Schedule 6, is held by an officer acting for the purposes of the 1973 Act. (2) On the coming into force of that paragraph, information to which this paragraph applies vests in the Secretary of State.” See the explanatory statement for Amendment 202.

• 9 Jan 2025 · Employment Rights Bill (Eighteenth sitting) · Hansard source

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  Clause 102 addresses the need for accountability and compliance with labour market enforcement orders. It creates a clear offence of failing to adhere to a labour market enforcement order without reasonable excuse, sending a strong message that non-compliance will not be tolerated. The clause ports over the existing offence in section 27 of the Immigration Act 2016 and does not create a new offence. The clause is essential to ensure that labour market enforcement orders hold real weight and authority in our legal framework. The penalties under clause 102 are designed to be fair yet firm, with varying limits for summary conviction in England, Wales, Scotland and Northern Ireland, and up to two years’ imprisonment or fine on conviction on indictment. The range of penalties enables the courts to respond proportionately to the severity of each offence, ensuring that justice is both accessible and effective across the UK. By maintaining meaningful penalties, we maintain a powerful deterrent against non-compliance, which encourages individuals and businesses to uphold their obligations and respect labour laws. The approach we have taken in the clause emphasises both accountability and fairness, ensuring consistent enforcement across jurisdictions. I turn to clause 103. For the fair work agency to enforce effectively, it needs to rely on the information it gathers. Providing false information slows investigations down and slows down justice for workers. The clause therefore carries over and consolidates offences from predecessor legislation to create a single offence of providing false information. The clause provides that an offence is committed when a person “produces, or knowingly causes or allows to be produced, any information or document” that is materially false. It provides that an offence is committed when the person providing information is either aware that it is false when providing it or has not taken reasonable action to confirm its accuracy. The clause also sets out the penalties applicable in England, Wales, Scotland and Northern Ireland. It is right that falsifying documents should carry a criminal penalty. Clause 104 provides a vital tool in the arsenal of our labour enforcement officers. Employment rights enforcement is generally a civil regime, founded on consensual investigations. That is right and proportionate, but it is important that there is a clear course of action when individuals block or stymie investigations. The clause creates a single offence for anyone who intentionally obstructs an officer or fails, without reasonable excuse, to comply with their lawful requirements. In doing so, the clause consolidates similar offences in the predecessor legislation for the current enforcement bodies. Clause 104 is fundamental to ensuring that enforcement officers can perform their duties without interference, which is essential for effective labour market oversight. Obstructing officers’ work undermines these efforts, delaying investigations and weakening compliance. The clause directly addresses this issue by establishing clear consequences for those who intentionally hinder enforcement officers in the execution of their duties. The penalties in the clause are proportionate but firm, with tailored limits across UK jurisdictions. This approach ensures consistent consequences for obstruction, reinforcing compliance with employment rights law and protecting workers’ rights, fostering a safer and fairer labour market.

• 9 Jan 2025 · Employment Rights Bill (Eighteenth sitting) · Hansard source

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  Clause 88 carries over provisions that are currently in section 18 of the Immigration Act 2016. It gives the appropriate court the power to make a labour market enforcement order following an application by the Secretary of State. Labour market enforcement orders are a critical tool in the existing enforcement of employment rights, and it is vital that this system can continue to operate when enforcement is brought together under the fair work agency. Clause 89 sets out the circumstances in which the Secretary of State may apply for a labour market enforcement order, and largely follows section 19 of the Immigration Act 2016. The Secretary of State may apply for an order if an employer refuses or fails to enter into a labour market enforcement undertaking, or does not comply with the measures in an undertaking that it has entered into. That is a common-sense approach to enforcement, first allowing businesses to fix problems voluntarily, and ordering them to improve only if that does not work. That is the compliance-first approach we want the fair work agency to take. Clause 90 replicates section 20 of the Immigration Act 2016. It too grants the power to a court, where a person has been convicted of a labour market offence, to make a labour marker enforcement order. That is a reasonable measure, which protects workers by introducing an additional safeguard in relation to rogue employers. The labour market enforcement order may impose measures in accordance with clause 91 to ensure compliance with relevant legislation. This provision is substantially unchanged from the Immigration Act. Clause 91 largely replicates section 21 of the Immigration Act 2016. It lays out what measures may be imposed in a labour market enforcement order. It also carries over from the Immigration Act 2016 a power for the Secretary of State to specify such measures in regulations. That is an existing power, and it makes sense to keep it to allow for flexibility in enforcing employment rights legislation. The measures are specifically designed to prevent or reduce the risk of the respondent failing to comply with any requirement imposed by or under relevant legislation, thereby protecting workers. Clause 92 also carries over provisions from the Immigration Act 2016. It specifies that labour market enforcement orders can be granted only for a maximum period of two years and cannot be imposed on those under the age of 18. It also allows for courts, when making an order, to release individuals from undertakings for the labour market offence concerned, and from any other orders, to avoid individuals being subject to multiple undertakings and orders at the same time. Clause 93 replicates section 23 of the Immigration Act 2016 and allows courts to vary or discharge labour market enforcement orders. Clause 94 carries over the appeals process for labour market enforcement orders from the Immigration Act 2016. The Bill clearly lays out which higher courts will deal with the appeal and what orders those courts may make, which is unchanged from the current regime. Clause 94 ports over the appeals process for labour market enforcement orders from the Immigration Act 2016. A clear appeals process is a vital and necessary way to enable the effective operation of the undertakings and orders system. Let me turn to Government amendment 189. Schedule 6 outlines consequential amendments to other existing legislation and ensures consistency with the new provisions introduced by the Bill, which is important because it makes our legislative framework cohesive and functional. The amendment makes an essential technical addition to the Sentencing Act 2020, updating it to include reference to the labour market enforcement orders that a court may impose on someone upon conviction of a labour market offence. The amendment ensures that our statutory framework can function effectively. The labour market enforcement order system is an existing system that works well. I therefore commend amendment 189 and clauses 88 to 94 to the Committee.

• 9 Jan 2025 · Employment Rights Bill (Eighteenth sitting) · Hansard source

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  The labour market enforcement system was introduced by the Immigration Act 2016. It has proved an effective and flexible system to ensure that employers comply with the law. This set of clauses largely replicates the relevant provisions of the 2016 Act but replaces references to the enforcing authority with references to the Secretary of State, in order to reflect the transfer of functions to the Secretary of State. Clause 72(4) provides that enforcement officers may exercise any enforcement function of the Secretary of State. Clause 84, together with clause 72(4), will ensure that enforcement officers appointed under clause 72 will have access to the powers they need. It gives the Secretary of State the power to request labour market enforcement undertakings, which are agreements made between the Secretary of State and a non-compliant employer. They outline measures that the employer will take to maintain compliance with the law and set out the prohibitions, restrictions and requirements with which the employer has agreed to comply. Labour market enforcement undertakings are important to ensure effective enforcement of the relevant labour market legislation within the fair work agency’s remit. They are effective in securing timely compliance, fostering collaboration, providing tailored solutions and improving conditions for workers. Labour market enforcement undertakings encourage persons to take responsibility for compliance while reserving more punitive actions for cases where voluntary efforts fail. Turning to clause 85, the power to request labour market enforcement undertakings will be a key part of the fair work agency’s enforcement powers. Labour market enforcement undertakings are voluntary measures agreed between an individual business and the Secretary of State and seek to correct non-compliance to avoid the need for more extensive powers. Clause 84 gives the Secretary of State the power to request such undertakings, but clause 85 is crucial to ensure that the scope of the undertakings is clear. It does that by defining a “measure” in relation to an undertaking. It also specifies when those measures can be agreed as part of an undertaking and provides a delegated power for the Secretary of State to specify additional measures that may be included in an undertaking through affirmative regulations. Clause 85 largely replicates existing legislation in the Immigration Act 2016, although references to the enforcing authority are again replaced by references to the Secretary of State, in order to reflect the transfer of functions and powers to the Secretary of State. The clause, together with clause 72(4), will ensure that enforcement officers appointed under clause 72 will have access to the powers they need. Clause 86 closely follows section 16 of the Immigration Act 2016 and carries over elements of the labour market enforcement undertakings system, which has operated well since its introduction. The clause provides that the Secretary of State will be able to specify the time period for which an undertaking will last, with a maximum time of two years. That is sensible flexibility: the more serious or systemic the breach, the longer an undertaking may need to be monitored. Clause 86 will also allow the Secretary of State to release persons from an undertaking, and require a release where the undertaking is no longer serving its purpose. That, again, is sensible flexibility, which will allow the fair work agency to cease subjecting persons to undertakings where they comply with the provisions of the undertaking and show improvements, so that fair work agency officers can thereafter focus on higher-risk employers. Clause 87 replicates section 17 of the Immigration Act 2016 and provides for how the Secretary of State should give notice to an employer about labour market enforcement undertakings. It replicates the existing law with minimal change—the current system works well. I commend the clauses to the Committee.

• 7 Jan 2025 · Employment Rights Bill (Sixteenth sitting) · Hansard source

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  The clause seeks to repeal the Strikes (Minimum Service Levels) Act 2023, which provides powers for the Government to make regulations to set minimum service levels during strike action in some essential services. The previous Government introduced regulations to implement minimum service levels in rail, border security, fire and rescue, and ambulance services. No work notice, however, has ever been issued by an employer to require individuals to work to meet the minimum service level during strike action. This demonstrates the futility and misguided approach of the Act and I urge Members to support its repeal. Minimum service levels unduly restrict the right to strike and undermine good industrial relations. As a result, our plan—it is a clear manifesto commitment—pledged to repeal the Act to give trade unions the freedom to organise, represent and negotiate on behalf of their workers. The clause amends the Trade Union and Labour Relations (Consolidation) Act 1992. Subsection (1) repeals provisions of the 1992 Act as inserted by section 1 of the Strikes Act, with sections 234B to 234G falling away. A number of further amendments are made by the clause to the 1992 Act to reverse other changes made by the Strikes Act. As a result, all associated powers, regulations, provisions and defined terms related to minimum service levels will also fall away. We want to reset the relationship with both employers and trade unions to resolve disputes through meaningful negotiations, and repealing the Strikes Act will help us to achieve that. I will now turn to new clause 27 and amendment 133, which were tabled by the hon. Member for Mid Buckingham- shire. The Government will not support his proposals, which unnecessarily ask for an assessment of the ability of essential public services to provide minimum service levels during industrial action, and to lay a report containing the findings before the House. The Government have already produced a comprehensive set of impact assessments, including an assessment covering the repeal of the Strikes (Minimum Service Levels) Act 2023. This was published alongside the Bill at Second Reading and is based on the best available evidence about the potential impact on business, workers and the wider economy. The assessment is hamstrung by the fact that the Act has never been implemented, so we are in some difficulty in seeing whether there was an impact from it. The analysis we undertook, however, included labour market and broader macroeconomic analysis, including sectoral analysis on industries providing essential services, potential influence on collective bargaining and dispute resolution processes, while also addressing the balance between employer needs and union representation. We want to reset the relationship with both employers and trade unions to resolve disputes through meaningful negotiations, and believe that the Act was a hindrance to doing so. I therefore ask the shadow Minister not to move his new clause or amendment.