Uber: Supreme Court Ruling

Debate between Stephen Doughty and Paul Scully

Wednesday 24th February 2021 Commons Chamber

[Paul Scully]

My hon. Friend is absolutely right. It is sensible business to do right by employees, as well as the moral thing to do.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op) [V]]

I draw attention to my entry in the Register of Members’ Financial Interests about my membership of the GMB, which drove this historic victory, along with others. I work closely with drivers in my constituency, many of whom are GMB and Unite members, and I want to praise the Welsh Labour Government for the support that they have given drivers in grants, support and free personal protective equipment during the covid crisis.

However, many of the drivers tell me that although most taxi and private hire drivers charge on average £2.20 to £2.40 a mile, Uber pays only £1.10 to £1.25 a mile. Many drivers are getting into serious debt or even bankruptcy. What will the Minister do to ensure that drivers of Uber and beyond get a fair day’s pay from a fair day’s work?

[Paul Scully]

We will make sure, first, that Uber complies with this judgment. Secondly, we also want to ensure that all employees—all workers—exactly know their rights and status, so that they can look at a number of the other taxi and hire firms available, should they so require.

Hospitality Industry: Government Support

Debate between Stephen Doughty and Paul Scully

Monday 11th January 2021 Westminster Hall

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

Thank you, Mr Stringer, I will do. It is a pleasure to serve under your chairmanship.

I congratulate the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) on securing the debate and representing the petitioners so well. They are understandably crying out for help to get across the line, after such a difficult period. Hospitality has undoubtedly been one of the hardest pressed, if not the hardest pressed, sectors over the pandemic. I thank everybody who has contributed to the debate for the way in which they have put the case for their constituents.

Since taking on responsibility for food and beverage hospitality businesses in March last year and establishing a dedicated sponsorship team within the Department for Business, Energy and Industrial Strategy, we have worked extremely closely with representatives from across the sector, so there has always been development. I will come back to the question of a dedicated Minister in a second, but essentially, this was split across a number of Departments and we now have a dedicated hospitality team that is working really hard.

I also put on record my gratitude to the sector itself for how its representatives have engaged with me and my officials throughout the pandemic. It is important to recognise that the hospitality sector is not just pubs and restaurants: cafés, the wedding sector, nightclubs and all the associated businesses that we have heard so much about today, including specialist suppliers, are also going through this. I thank them in particular for how they engaged with the safer workplace guidance to allow essential businesses to stay open, but also to allow these businesses to reopen at various points. Understandably, as we have discussed, the fact of the matter is that there has been opening and closing depending on the tier system, and that has been a source of frustration for everybody, especially—as my right hon. Friend the Member for New Forest East (Dr Lewis) says—those that have had to pour away beer and throw away food at various points during this period.

We continue to work together with the sector across Government to make sure that we can strike the right balance between the covid-19 restrictions and the corresponding business support measures. As we have heard, we responded with an unprecedented package of support worth a staggering £280 billion, which included the grants, the furlough scheme, the various loan schemes, the business rates holiday, VAT deferrals, and of course the eat out to help out scheme. On top of that, we released additional funding worth £4.6 billion to help businesses through the current lockdown, which we estimate will help 600,000 hospitality businesses. We have also taken action to protect businesses by placing restrictions on landlords using commercial rents arrears recovery to enforce unpaid rents on commercial leases. Importantly, we have kept all the support measures under review to ensure that as far as possible, they have kept pace with the changing covid-19 situation and the need to flex restrictions accordingly.

[Stephen Doughty]

Will the Minister give way?

[Paul Scully]

I will not give way, just so that I do not run out of time, but I will come back to the hon. Gentleman in a second.

Like those who have taken the time to sign a petition, and those right hon. and hon. Members who have taken part in today’s debate, I recognise the importance of the hospitality sector, not just to local areas but to whole communities and to the country as a whole. We have heard that the sector employs around 3.5 million people overall, and in normal circumstances generates revenues of around £63 billion a year. It is strategically important to the UK, as well, traditionally being the first sector to recover following an economic downturn and acting as a catalyst for wider economic recovery and regeneration.

Most importantly, the sector lies at the heart of communities, providing jobs and places to enjoy companionship and supporting mental health and wellbeing, social cohesion and cultural integration. It is important that when we talk about culture—about meeting people—we remember that that is what hospitality is there to do, and it is really sad that the restrictions and lockdown itself are there to stop people meeting people. As we have heard, though, that is not to say that hospitality in itself is the vector for transmission. It is really important that we do not scapegoat the hospitality sector, which has done so much—it has spent a lot of money and put in a lot of effort—to make its venues covid-secure.

Turning to the question of establishing a Minister for hospitality, responsibility is currently split between BEIS and the Department for Digital, Culture, Media and Sport: BEIS is responsible for the food and beverage industries, and DCMS is responsible for accommodation, primarily hotels, as part of its tourism remit. There is clearly some overlap between these important industries, and I work closely with the Minister for Sport, Tourism and Heritage at DCMS, my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston), to ensure that the interests of this sector as a whole are fully represented across Government.

The close collaboration that we have means that the policy levers in both DCMS and BEIS can be employed effectively to the benefit of the sector. Clearly, it is not within my gift to create a new ministerial post—that power rests solely with the Prime Minister—but I can assure hon. Members that the two of us are doing all we can within Government to understand and represent the interests of the sector. Whether or not we have a dedicated Minister for hospitality, we need to ensure that the sector is in the best possible place to bounce back from covid-19, so that it can play a leading role in the UK’s economic and social recovery.

We know that the hospitality sector has often shown great resilience and innovation in adapting; such adaptation is not a new phenomenon. We saw that hospitality was one of the first sectors to recover after the 2007 financial crisis, which helped drive the UK’s recovery more generally. In order to achieve the same level of recovery that we saw following that crisis, we are committed to maintaining support to the sector until the vaccines are rolled out and businesses can open without restrictions. However, we also need to think about and plan for the longer-term recovery.

The UK has a world-leading net zero target. I want to see the creativity that helps define the hospitality sector put to good use in helping to tackle climate change, by developing and utilising new technologies and processes to minimise emissions and, importantly, waste. Although this is a challenging time for the sector, it is essential that, as we bounce back, we work with hospitality businesses to build back their industry so that it is stronger and greener.

I thank the hon. Member for Brighton, Pavilion (Caroline Lucas), who was unable to attend the debate today but sent me a statement from hospitality businesses in her constituency, supporting the creation of the ministerial position and emphasising the important role that the sector will need to play in our economic recovery and growth. I hope that I have addressed both those points.

We have had a very interesting debate, starting with the hon. Member for Strangford (Jim Shannon). One of the regular calls that I have with the industry includes Colin Neill from Hospitality Ulster. We also heard from the hon. Member for North Antrim (Ian Paisley), who talked about Van Morrison. Actually, a Van Morrison gig was one of the last gigs that I went to at the O2, to raise money for the Royal Marsden Hospital. The O2 itself is now one of the nightingale hospitals, and one of the people who set it up was the chief nurse at the Marsden—everything comes around in a circular fashion, which shows the unusual times we are in.

With regard to the coffee culture that my hon. Friend the Member for Winchester (Steve Brine) talked about, we should not forget that takeaway coffees also play a part for shift workers, who need such extra support, so not everything that is seen as non- essential is non-essential to certain people.

There is no way we can have a one-size-fits-all policy. Certainly what I have learnt about the hospitality sector over the past nine or 10 months is that a lot of work is being done behind the scenes, whether with me or with my hon. Friend the Minister for Sport, or through lobbying by Colin Neill, Kate Nicholls or Emma McClarkin, or through lobbying from the chief executives of the larger pub businesses, the independent pubs, the restaurant groups and all those sorts of businesses. That means we can address issues such as the 10 pm curfew, which was a blunt instrument, as has been outlined. It clearly stopped restaurants having second sittings, but it also stopped pubs selling a lot of alcohol at that time—a lot of their profit is created at that time but it was also pushing people together. I am also the Minister for London and I saw at that time a 40% increase in the use of the tube between 10 pm and 10.15 pm. The curfew was clearly pushing people together, doing the opposite of what we wanted. It was therefore right to make the case against it and have it reversed.

United Kingdom Internal Market Bill

Debate between Stephen Doughty and Paul Scully

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Paul Scully]

This achieves the right balance in terms of a remedy, in the unlikely event of a breach of convention rights, for the reason that I have covered in terms of our impact assessment on human rights. I hope that right hon. and hon. Members will feel able to support these important but mainly technical amendments.

I will move on to the Opposition amendments, because it is important that we give them due care and attention, but I first want to remind hon. Members of the core purpose of the Bill. The Bill puts into law a market access commitment by enshrining the principles of mutual recognition and non-discrimination in the law. That means that goods and services from one part of the UK will be recognised across the country, and it will ensure that there is equal opportunity for all UK-based companies trading in the UK.

New clause 2 would place an obligation on UK Ministers to seek to agree a framework covering the UK internal market, which would need to be taken into account in the exercise of financial assistance payments. The new clause would fundamentally alter the basis on which common frameworks are developed and would not be in line with the design of common frameworks that was agreed by the UK Government and devolved Administrations. The principles agreed made it clear that the common frameworks are based on consensus rather than legislation, as we discussed in Committee. The principles also set out that the common frameworks are limited in their scoped powers returning from the EU, which have a devolved intercept.

An overarching framework would not materially contribute to effective joint working between the United Kingdom Government and devolved Administrations. Through the common frameworks programme, we are agreeing mechanisms for effective intergovernmental working. Those will cover many areas engaged by provisions in the Bill for the internal market.

We are also developing proposals for an enhanced intergovernmental system, which will support work to maintain policy coherence across the United Kingdom. This collaborative model is likely to be more effective and provide greater clarity than the process set out in the new clause, which does not clearly define when the duty in subsection (1) and the due regard duty in subsection (3) would be met.

Common frameworks are designed to allow for collaborative and flexible working between the United Kingdom Government and the devolved Administrations. Creating a framework such as this, which is underpinned by obligations in law, could undermine that effective joint work.

New clause 3 seeks to require the Secretary of State to provide Parliament with regular reviews on the functioning of the internal market, the effectiveness of provisions in the United Kingdom Internal Market Act and progress towards delivering provisions not in the Act, such as common frameworks. While I commend the intention behind the amendment, the review provisions it seeks to deliver are already provided for. They exist either in the Bill, through the Office for the Internal Market, or in previous legislation.

As part 4 of the Bill sets out, the Office for the Internal Market will have a number of reporting and monitoring responsibilities. Clause 29 sets out how the office will need to compile yearly “health of the market” reports on the functioning of the internal market, and five-yearly system reviews on the operation of parts 1 to 3. Those reports will be laid before the UK Parliament and the devolved legislatures for consideration, ensuring parliamentary transparency and accountability. I consider, therefore, that the new clause risks being highly duplicative.

It is essential that both those reports are compiled at arm’s length from both the UK Government and the devolved Administrations. That will enable the office to deliver a credible, impartial and expert analysis that delivers difficult messages to the Administrations, if necessary. However, when conducting those reports, the Office for the Internal Market will be able to consider the views of all relevant interested parties, including the devolved Administrations, in order to present evidence on how well the internal market itself and the Government’s proposals are serving stakeholders across the UK. Moreover, regarding the specific areas listed in the amendment, the Government already publish quarterly reports entitled, “The European Union (Withdrawal) Act and Common Frameworks”, which set out joint progress on common frameworks.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Minister is putting a brave face on things, as always. It is all very well talking about reviews and reports, but does he accept that, for an internal market to function, there actually needs to be communication between the Prime Minister and the leaders of the devolved Administrations? Why has the Prime Minister failed to communicate regularly with the First Minister of Wales, instead speaking to him only once every few months? Especially at a time of national crisis, why has the Prime Minister been so poor in his communication?

[Paul Scully]

The Prime Minister, the Secretary of State and Ministers work with all the devolved Administrations. My colleague in the Business Department has meetings—especially at this particular time—with businesses across the devolved Administrations, including in Wales.

As I say, for this particular area, we already publish the report I referred to. However, we consider it right that any reporting on the Joint Committee machinery or the UK shared prosperity fund should be undertaken separately from that on internal market provisions. For that reason, I am not able to accept the amendment.

United Kingdom Internal Market Bill

Debate between Stephen Doughty and Paul Scully

Tuesday 15th September 2020 Commons Chamber

[Stephen Doughty]

The Minister is doing his best job to front this up and to give some of the detail that the Prime Minister was not across yesterday, but does he not have the slightest bit of doubt when his own colleague, the legal representative on the Welsh Conservative Benches in the Senedd, David Melding, resigned saying that this Bill poses dangers to the Union and that those have been gravely aggravated by the decisions of the Prime Minister? When somebody of that standing has criticised the Bill in this way, does the Minister not have any qualms about what he is doing?

[Paul Scully]

That is why I am going through the clauses and amendments at Committee stage to keep the focus on what is so important—what businesses expect us to do. I will not go through all the clauses, for reasons of brevity, but I am happy to follow up with anybody who wants to do that as we go through the rest of the Bill’s stages.

Amendment 30 would require the Secretary of State to obtain the agreement of the devolved Administrations before the Secretary of State specifies the level of financial penalties in secondary legislation in cases of non-compliance with the information-gathering requirements of the CMA. I am happy to reassure the Committee that the Government are committed to not taking any steps to bring the financial penalties into effect by commencing the clause until there is clear and credible evidence that there is a need to do so to enable the CMA to fulfil its internal market functions under the Bill. The amendment would also require the Secretary of State to consult with other relevant persons before making the necessary regulations. I want to confirm that the devolved Administrations would be consulted as other persons the Secretary of State considers appropriate, so they do fit within that.

On new clause 2, we are committed to maintaining high standards across the UK. That is absolutely vital. There are effectively two strands of this debate: first, the devolved Administrations; and secondly, concern—understandable concern—about standards. We have said repeatedly that we are committed to maintaining high standards across the UK, so I am pleased to have the opportunity to set out how we are already working with the devolved Administrations to ensure that this will be done.

I thank the hon. Members for Nottingham East (Nadia Whittome) and for Cynon Valley (Beth Winter) for their passionate remarks in favour of common frameworks and the high standards that we have here in the UK. The new clause, though, seeks to fundamentally alter the nature of the common frameworks programme, the design of which was agreed by the UK Government and devolved Administrations in October 2017 at the Joint Ministerial Committee on EU Negotiations. The principles agreed made it clear that the common frameworks are based on consensus and are designed to establish continuing dialogue between the UK Government and devolved Administrations. This dialogue facilitates policy development in a range of policy areas where powers returning from the EU intersect with devolved competence.

My hon. Friend the Member for North East Bedfordshire rightly asked what underpins those common frameworks. Common frameworks provide an agreed approach to ensuring regulatory coherence across the UK in specific policy areas where powers are returning from the EU and intersect with devolved competence. The Bill, on the other hand, works alongside these common frameworks to provide a broader structural underpinning, and offers additional protections to the status quo of UK trade, ensuring certainty for businesses and investors in the form of a backstop—if I may say that—of regulatory coherence. The UK Government continue to work closely and constructively with the devolved Administrations. It would not be appropriate to create a legislative underpinning for UK common frameworks because this is about consultation, collaboration and working together with the Administrations rather than legislating to push them to do so.

In conclusion, in the debate we have had today, we started off with some misunderstandings about common frameworks—we have five frameworks coming before Christmas, including for food standards. We have talked about whether water and the national health service were at risk in Scotland, both of which are not within the scope of the Bill. This is really important: when one starts reading the Bill, one has to get to the last page, because that is where the schedule of exclusions is. It is important to do that, before we posture here in this House about something. As I say, businesses are crying out, “Do not do the politics. Let us trade across the UK.” That is what they are crying out for. That is what they want. So I hope that the amendments will be not be pressed and then we can get on with getting this Bill through the House.

Corporate Insolvency and Governance Bill

Debate between Stephen Doughty and Paul Scully

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Thursday 25th June 2020 Commons Chamber

[Paul Scully]

The Corporate Insolvency and Governance Bill has been a demonstration of what can be achieved in the best interests of businesses, jobs and the country’s economic future when there is collaborative work across both sides of the House. I am grateful to hon. and right hon. Members for the constructive way in which the Opposition have engaged with the Bill, both in this House and the other place.

Over the past three months, this country has faced the unprecedented hardship of needing to adhere to stringent social distancing measures due to the covid-19 pandemic, where Government had no choice but to order businesses to close their doors to safeguard the nation’s health. We recognise the huge sacrifices that has entailed, and my right hon. Friend the Chancellor has provided unprecedented economic support to businesses and workers across the country to help them make it through this challenging time.

Some UK businesses have been hit hard, with many unable to trade or facing a significant short-term reduction in demand for goods and services. As a result, many otherwise viable companies face the threat of insolvency.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

With regard to Lords amendment 75, which extends the temporary provisions to 30 September, the Minister is absolutely right that a lot of businesses can survive this crisis, but they need these measures in place. They also need the packages of support from the Treasury alongside the legislative changes. The clock is ticking for many, particularly in the theatre and entertainment industry, the steel industry and others affected in my constituency. Does he agree that we need to see financial packages too?

[Paul Scully]

I agree with the hon. Gentleman that it is important that we remain flexible. We continue to work with businesses from all sectors to ensure that we can get to a point where we can work through the gears to get a full economic recovery over time. That will mean support from the Government in all manner of ways, which we are considering.